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Historic Preservation Ordinance

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AN ORDINANCE OF THE CITY OF DELAND, FLORIDA, DESIGNATING THE DOWNTOWN DELAND HISTORIC DISTRICT AS AN HISTORIC DISTRICT TO BE INCLUDED ON THE LOCAL REGISTER OF HISTORIC PLACES; REQUIRING REVIEW BY THE HISTORIC PRESERVATION BOARD PURSUANT TO SECTION 33-34 OF THE LAND DEVELOPMENT REGULATIONSOF THE CITY OF DELAND; PRESCRIBING ARCHITECTURAL FEATURES SIGNIFICANT TO THE DOWNTOWN HISTORIC DISTRICT; ADOPTING ARCHITACTURAL GUIDELINES FOR THE DOWNTOWN HISTORIC DISTRICT; SPECIFYING WORK ITEMS NOT REQUIRING A BUILDING PERMIT WHICH SHALL BE REVIEWED FOR APPROPRIATENESS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, downtown DeLand contains the historic central commercial core of the community, having developed between the 1880’s and the 1930’s with significant architectural styles and influences, including but not limited to, Classical Revival, Colonial Revival, Frame and Masonry Vernacular, Mediterranean Revival, Mission, and Prairie; and

WHEREAS, this Ordinance seeks to protect and preserve elements that contribute to the architectural and historical significance of downtown DeLand, including but not limited to, distinguishing historic material, distinctive stylistic architectural features, examples of skilled craftsmanship, and significant, historical, architectural, or cultural material; and

WHEREAS, the historic and architectural significance of downtown DeLand has been achieved over time, and the growth and development of the district is part of the history of DeLand which is worthy of protection; this Ordinance seeks to maintain and preserve what is unique to the downtown area by preventing future growth and development that is incompatible with the surrounding buildings and assure that changes within the downtown area will be compatible with the historic character of the buildings and environment of Downtown DeLand; and

WHEREAS, the historic and architectural significance of downtown DeLand has been established through a field survey, the documentation of buildings, preparation of a Florida Site File for each building, and the listing of downtown DeLand in the National Register of Historic Places in 1987; and

WHEREAS, the Historic Preservation Board and the Planning Board have recommended the establishment of the Downtown DeLand Historic District and the listing of same in the Local Register of Historic Places; and

WHEREAS, all prerequisites to the establishment of the Downtown DeLand Historic District have been met;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELAND, FLORIDA:

Section 1.  Pursuant to Section 33-34 of the City of DeLand Land Development Regulations, the area described in the legal description, map and inventory of properties which are attached hereto and incorporated herein by reference as Exhibits A, B, and C, respectively, is hereby designated as the Downtown Deland Historic District (hereinafter referred to as the “District”) and shall be listed in the Local Register of Historic Places.

Section 2.     Pursuant to section 33-34 of the City of DeLand Land Development Regulations, the Historic Preservation Board shall consider all applications or proposals to add to, demolish or in any way alter the exterior historic fabric of sites, buildings or structures within the District.

Section 3.     In addition to the general requirements contained in Section 33-34 of the City of DeLand Land Development Regulations, when considering applications or proposals to alter or modify sites, buildings or structures within the District, the Historic Preservation Board shall also apply criteria set forth in the “Design Guidelines for Commercial Buildings in Downtown DeLand,” which was produced by Mainstreet DeLand in 1986, and in the U.S. Department of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,”

Section 4.     In addition to the general requirements contained in Section 33-34 of the City of DeLand Land Development Regulations, when considering applications or proposals to alter or modify sites, buildings or structures within the District, the Historic Preservation Board shall seek to preserve those architectural features which contribute to the historic ambiance of the District.  A variety of architectural features shall be considered to be significant to the District, including but not limited to:

  • Brick exterior wall fabric;        
  • Shaped parapets;        
  • Corbeled or dropped cornices;        
  • Head Masts;        
  • Name and/or date plates;        
  • Decorative brick panels;        
  • Wrought iron grills;        
  • Cast iron columns;        
  • Glass transoms;        
  • Wood doors with glass panels;        
  • Wood kick panels that support fixed glass panes;        
  • Porticos;        
  • Entablatures;        
  • Second story balconies, canopies, chains and                
  • Accompanying escutcheon plates;        
  • Artificial cast stone;        
  • Cast crete;        
  • Terra cotta;        
  • Cornerstones;        
  • Wood-framed, double-hung sash windows, with or                
  • Without muntin bars;        
  • Molded window hoods;        
  • Keystones;        
  • Gable or hip roofs;        
  • Wood drop siding;        
  • Wood shingle exterior walls;        
  • Carved rafter ends;        
  • Knee braces;        
  • Porches or verandas with turned posts or tapered                
  • Columns and brackets;        
  • Brick pier foundations; and/or        
  • Bargeboard, spindles and pendants on gable ends or                
  • Along porches.

Section 5.     The following work items not requiring a building permit shall be reviewed pursuant to Section 33-34.03 of the City of DeLand Land Development Regulations for appropriateness:

  • Exterior painting;        
  • Replacement of existing windows or exterior doors;        
  • Installation of siding;        
  • Alteration of existing exterior signage affecting                
  • An area of more than (10) square feet;        
  • Alteration or replacement of canopies or awnings;               
  • And/or Any other work which would result in a material change or alteration in the exterior appearance of existing buildings, objects or structures.

Section 6.     The Local Register of Historic Places shall contain a map of the District and, for each property within the District, the street address, tax identification number and the Florida Site File.

Section 7.     Any amendments to this Ordinance and the standards set forth herein shall be reviewed by the Historic Preservation Board and approved by ordinance of the City Commission.

 Section 8.     If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding shall in no way affect the validity of the remaining portions of this Ordinance.

Section 9.     All ordinances, or parts of ordinances, in conflict herewith are, to the extent of such conflict, hereby repealed.

 Section 10.     This Ordinance shall become effective immediately upon its adoption.

PASSED AND DULY ADOPTED this 19th day of September, 1994.

David C. Rigsby                                                                
Mayor-Commissioner

Attest:

Viola H. Ballentine
City Clerk – Auditor

Passed on first reading: September 6, 1994
Adopted on second reading:September 19,1994

APPROVED AS TO FORM AND LEGALITY:

Mark A. Zimmerman
City Attorney

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