§ 3.03.03. Landmark Designation

A.

Initiation

1.

The HRRB and its staff shall identify and receive recommendations for potential Landmarks from the general public, historic preservationists, and other interested parties.

2.

The HRRB shall review each potential Landmark, in light of the criteria for Landmark designations contained in D. below, and determine whether or not to initiate the designation process.

3.

The HRRB shall, upon its decision to initiate the designation process, direct staff to prepare a written report and analysis of the proposed Landmark under the criteria contained in D. below and any other standards the HRRB may deem necessary. The report shall also include a legal description of the property to be designated and a description of the contributing resources to be designated.

B.

Review and recommendation by the HRRB

1.

The HRRB shall hold a public hearing on each proposed Landmark designation within 60 days of the date to the HRRB's decision to initiate the designation process. Notice shall be given pursuant to the notice requirements contained in F. below, including notification to the property owner.

2.

The HRRB shall review each potential Landmark in light of the criteria for Landmark designations contained in D. below, and public testimony and evidence presented at the public hearing, and make a recommendation to the Board of County Commissioners to approve, disapprove, or modify the proposed Landmark designation.

3.

The HRRB shall prepare a written Landmark designation report for each Landmark designation. The report shall include the testimony given at the public hearing, an architectural or archaeological description, a statement of significance including a brief history, and the criteria by which the Landmark is considered worthy of designation. A site plan and photographs shall be included in the report. When available, floor plans of the building should be included. The report shall contain sufficient specific information about the property to serve as a guide for the evaluation of any future proposed changes to the property.

4.

The HRRB shall forward its recommendation and the Landmark Designation Report to the Hillsborough County City-County Planning Commission for review of the proposed Landmark designation as it relates to the Comprehensive Plan. The Planning Commission shall forward their comments to the HRRB and BOCC within 30 days.

5.

The HRRB shall forward the Planning Commission recommendation and the HRRB recommendation to the BOCC within 30 days of the close of the HRRB public hearing.

C.

Review and Determination by the Board of County Commissioners

1.

The BOCC shall hold a public meeting on the proposed designation within 60 days of receipt of the HRRB recommendation. Notice shall be given pursuant to the requirements of F. below, including notification to the property owner. The BOCC shall review the proposed Landmark designation in light of the criteria contained in D below, the HRRB recommendation and the Planning Commission comments, and shall approve, modify or disapprove of the proposed Landmark designation at the public meeting.

2.

The HRRB shall notify the property owner of the designation of the Landmark.

3.

The Landmark designation shall be recorded in the official record books of Hillsborough County, with the registry of deeds and noted on the Official Zoning Atlas of Hillsborough County.

4.

Landmark designation by the BOCC shall be subject to the procedures and regulations of the HRRB in addition to the other provisions of the Land Development Code and other regulations of Hillsborough County.

5.

Within three (3) days of the oral decision by the BOCC to designate a Landmark, the property owner may appeal the BOCC decision to the Circuit Court of Hillsborough County. The nature of the appeal shall be by writ of certiorari.

Figure 3.35, Landmark Designation Process

D.

Criteria for Landmark Designation

A Landmark shall have achieved significance within the time period established by the National Register of Historic Places, which is 50 years old or older (An exception to the 50 year rule may be made if the resource is of Exceptional Importance or if it contributes to a district that is eligible for listing in the National Register of Historic Places) and shall qualify for designation when it meets one or more of the following criteria. It:

1.

Is associated in a significant way with the life of a person important in the past.

2.

Is the site of an historic event with significant effect upon the community, state, or nation.

3.

Exemplifies the historical, cultural, political, economic, or social trends of the community, state or nation.

4.

Embodies those distinguishing characteristics of an architectural style, period or method of construction.

5.

Is the work of an architect or builder whose work has influenced the development of the community, state or nation.

6.

Contains elements of design, detail, materials or craftsmanship of outstanding quality or represents a significant innovation or adaptation to the Florida environment or constructed of materials not now used.

7.

Has value as a building that is recognized for the quality of its architecture and that retains sufficient features showing its architectural significance.

8.

Has yielded, or is likely to yield, archaeological information important in prehistory or history.

9.

Is a geographically definable area or neighborhood united by culture, architectural styles or physical development, which has historic or cultural significance in the community.

10.

Because of its prominence or spatial location, contrasts of siting, age or scale is an easily identifiable visual feature of the community and contributes to the distinctive quality or identity of the community.

11.

Is where veterans of America's wars are buried and where public tribute may be paid in their memory.

Each designation of a building, structure, district, object, archaeological resource, or parcel of land as a Landmark shall be accompanied by the designation of a Landmark Site.

E.

Effects of Designation as a Landmark

1.

Upon designation of a Landmark by the Board of County Commissioners, that property becomes eligible for the Historic and Cultural Conservation Districts (SPI-HC) zoning category should the owner so desire (see Sec. 3.01.07).

2.

Upon designation of a Landmark by the Board of County Commissioners, that property may become eligible for consideration for economic incentives.

3.

Upon designation of a Landmark by the Board of County Commissioners, the HRRB, with the owner, may prepare a plan for the long-term preservation of the Landmark.

4.

Upon designation of a Landmark by the Board of County Commissioners, that property shall be subject to regulation by the HRRB. A COA issued by the HRRB shall be required prior to any exterior alteration of the Landmark, if it is a building or structure, and prior to any subsurface excavation, trenching, or digging in cases of Landmarked Archaeological Resource.

5.

Upon designation of a Landmark by the Board of County Commissioners, Hillsborough County and all public utility and transportation entities shall be required to obtain a COA prior to initiating any changes in the character of street paving, sidewalks, trees, utility installations, lighting, walls, interior partitions or walls, fences, structures and buildings on property, easements or streets, included within or adjacent to the designated Landmark.

6.

Upon designation of a Landmark by the Board of County Commissioners, that property may become eligible for development rights transfer for historic sites.

F.

Notice

Upon establishment of a public hearing date, notice of the public hearing shall be given:

1.

By the County Administrator posting a sign(s) no later than 15 calendar days prior to the public hearing date in a conspicuous place upon the property which is the subject of the application; and

2.

By the Administrator causing the publication of a notice one time at least 15 calendar days prior to the public hearing date in a newspaper of general circulation in Hillsborough County; and

3.

By proof of mailing receipt to all owners of property, as reflected on the current year's tax roll, and, where common property lies within the required notice distance, to all condominium and owners' associations, lying within 500 feet in every direction when the subject parcel is within the Agricultural and Residential-1 Categories of the Comprehensive Plan, and 300 feet in every direction when the parcel is within any of the remaining Plan categories. If a subject parcel contains more than one land use designation, the greatest applicable notice distance shall apply. Said notice by mail is the responsibility of the applicant and shall be mailed no later than 15 calendar days prior to the public hearing date; and

4.

By proof of mailing to all duly registered neighborhood organizations whose boundaries lie within one mile of the subject site. Said notice by mail is the responsibility of the applicant and shall be mailed no later than 15 calendar days prior to the public hearing date.

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)