Ordinances and critiques
Full Citation
Permanent Link: http://ufdc.ufl.edu/AA00004639/00001
 Material Information
Title: Ordinances and critiques
Physical Description: Unknown
Language: English
Creator: Roess, Suzanne
College of Architecture, University of Florida
Publisher: Suzanne Roess
College of Architecture, University of Florida
Place of Publication: Gainesville, FL
Publication Date: Spring, 1984
General Note: AFA Historic Preservation document 499
 Record Information
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution.
System ID: AA00004639:00001

Full Text



SECTION ONE: Chapter 40, Historic Preservation, of the Code of the

City of Orlando be, and the same is hereby amended to read as follows:



Sec. 40.01. Purpose

The purpose of this chapter is to promote the educational,
cultural, and economic welfare of the public of the City by
preserving and protecting historic structures, sites, monu-
ments, streets, areas and neighborhoods which serve as visible
reminders of the history and cultural heritage of the City,
state or nation. Furthermore, it is the purpose of this chap-
ter to strengthen the economy of the City by stabilizing and
improving property values in historic areas, and to encourage
new construction and development that will be harmonious with
the existing historic structures and areas.

Sec. 40.02. Definitions as used in this chapter.

(a) An "historic landmark" is any site (including signifi-
cant trees or other plant life located thereon), building, or
structure of particular historic or aesthetic significance to
the City, the state or the nation. Landmarks include sites,
buildings or structures where cultural, political, spiritual,
economic, social or artistic history of the community, state or
nation is reflected or exemplified or which are identified with
historic personages or with important events in local, state or
national history, or which embody the distinguishing characte-
ristics of an architectural specimen, inherently valuable for a
representation of a period, style, or method of construction,
or a notable work of construction, or a notable work by a mas-
ter designer or architect.

(b) An "historic district" is an area which includes or
encompasses such historic sites, landmarks, buildings, signs,
appurtenances, structures, or objects as the City Council may
determine to be appropriate for historic preservation.

(c) "Exterior features" shall include the architectural
style, general design and general arrangement of the exterior
of a building or other structure, the kind and texture of the
building material and the type and style of all windows, doors,
light fixtures, signs, other appurtenant fixtures and other
natural features such as trees.

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(d) "Person in charge" shall be the person or persons
possessed of the freehold of an improvement or improvement
parcel or a lesser estate therein, a mortgage or vendee in
possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person directly or indirectly in
control of an improvement or improvement parcel.

(e) "Occupant" shall mean the person or persons in actual
or constructive possession of the property, other than the
owners thereof. The individuals comprising a business or fam-
ily unit shall be considered as one occupant for the purpose of
sending written notices to the occupants as required by this

(f) "Historic Preservation Officer" shall mean the staff
of the Historic Preservation Board of the City of Orlando.

Sec. 40.03. Historic Preservation Board created; appointment
of members; compensation.

There is hereby created and established an Historic Preser-
vation Board which shall consist of eleven (11) members who
shall be appointed by the Mayor and confirmed by the City
Council. At least seven (7) of the eleven (11) members shall
be residents of the City. Members of the Board shall serve
without pay but shall be reimbursed by the City for necessary
expenses incurred in connection with their duties.

Sec. 40.04. Composition of Board.

The Mayor shall appoint, subject to confirmation by the
City Council, the members of the Board from one or more of the
following organizations, professions or groups:

(a) The local historical society;

(b) The Orlando Area Chamber of Conmerce;

(c) The local chapter of the American Institute of Archi-

(d) The local chapter of the American Institute of Plan-

(e) The local chapter of the American Institute of Society
of Landscape Architects;

(f) The Florida Bar;

(g) The local engineering society;

(h) Interested residents of the City.

Sec. 40.05. Terms of office.

(a) The members of the Board shall serve overlapping terms
of three (3) years. Initially, four (4) members shall be ap-
pointed for a term of one year; four (4) members shall be ap-
pointed for a term of two (2) years, and three (3) members
shall be appointed for a term of three (3) years. Thereafter,
all appointments shall be made for a term of three (3) years.

(b) Members shall be reappointed for consecutive terms.

(c) If a vacancy occurs, a new appointment shall be made
by the Mayor, subject to confirmation by the City Council, for
the unexpired term.

- 2 -

Organization; officers; rules, meetings.

(a) At their first meeting of each municipal fiscal year,
the appointed Boarders shall elect officers who shall serve for
terms of one year. Officers shall include a chairman and vice-

(b) The Board shall establish rules which may include any
rules necessary for the orderly conduct of its business.

(c) All meetings of the Board shall be open to the public.

(d) The Board shall keep a record, which shall be open to
public view, of its resolutions, proceedings and actions.

(e) The Historic Preservation Officer shall be the execu-
tive secretary and the planning, zoning, legal department,
neighborhood improvement and building inspection departments
shall provide administrative support.

Sec. 40.07. Establishment of historic districts.

(a) Before the establishment of an historic district, the
Historic Preservation Board shall conduct studies and research
and make a report on the historic significance of the exteriors
of buildings, structures, features, sites, objects and sur-
roundings in the City. The Board report shall contain recom-
mendations concerning the areas) to be included in the pro-
posed historic districts.

(b) Copies of the report shall be transmitted for review
and recommendation to the Municipal Planning Board and to the
division of archives, history and records management of the
department of state of the State of Florida. Not less than
sixty (60) days after the transmittal, the Historic Preserva-
tion Board shall hold a public hearing thereon after due no-
tice, which shall include a written notice to the last known
address of the owners and occupants of all properties to be
included in such districtss.

(c) After said public hearing the Board shall submit a
final report with recommendations to the Municipal Planning
Board for review, and transmittal of recommendations to City

(d) Historic districts, when approved by City Council,
shall be established by ordinance.

Sec. 40.08. Powers of the Board; designation of historic

The powers of the Historic Preservation Board shall include
the making of studies, surveys, researches, relevant to the
built environment of the City of Orlando; educational programs
for the public relevant to the history of the build environment
of the City; the publication of studies, researches, surveys,
brochures and other publications material relevant to the his-
tory and architecture of the City of Orlando; the recognition
of the significance of buildings and areas by means of plaques
and signs; review of projects, historic districts and sites
identified under criteria established pursuant to this chap-
ters; the direction of historic preservation staff within the
codes of the City of Orlando and appended Rules of Procedures
for same.

The Board may designate historic landmarks utilizing the
following criteria:

(a) Upon recommendation of the Board, the Municipal Plan-
ning Board, after holding a public hearing preceded by
giving written notice to the last known address of the

- 3 -

Sec. 40.06.

owners and occupants of the affected property, may
reconmend to the City Council adoption of an ordinance
designating one or more historic landmarks based on
the following criteria:

1. Historical, architectural or cultural signifi-

2. Suitability for preservation or restoration; or

3. Educational value.

(b) Upon adoption of the ordinance, the owners and occu-
pants of each designated historic landmark shall be
given written notification of such designation by the

(c) One copy of the ordinance shall be recorded by the
Board in the recording department of the office of the
County Comptroller.

(d) Copies of the ordinance shall be provided by the Board
to the zoning and building departments of the City,
who shall coordinate their actions accordingly in
matters within the jurisdiction of the Board.

Sec. 40.09. Building or altering in a district; certificate.

Following the designation of an area as an historic dis-
trict, the following criteria relate to building or altering a
structure or improvement to rear property in such a district:

(a) After the designation of an historic district, no
exterior portion of any building or other structure nor above-
ground utility structure nor any type of outdoor advertising
sign shall be erected, altered, restored, moved, or demolished
within such district until after an application for a certifi-
cate of appropriateness as to exterior features has been sub-
mitted to and approved by the Board, or approved by the City
Council upon appeal from a decision of the Board.

(b) Such a certificate must be issued by the Board prior
to the issuance of a building permit (or other permit granted
for purposes of constructing or altering structures).

(c) A certificate of appropriateness shall be required
whenever a building permit is required.

(d) In the case of outdoor advertising signs, "exterior
features" shall be construed to mean the style, material, size
and location of all such signs.

(e) The Board shall not consider interior arrangement and
shall take no action under this section except for the purpose
of preventing the construction, reconstruction, alteration,
restoration, moving or demolition of building structures, ap-
purtenant fixtures, outdoor advertising signs or natural fea-
tures in the historic district which would be incongruous with
the historical, architectural or cultural aspects of the dis-

Sec. 40.10. Certificate procedure; notice; reasons; appeal.

(a) Prior to issuance or denial of a certificate of appro-
priateness the Board shall take such action as may reasonably
be required to inform the owner or person in charge of any
property likely to be materially affected by the application,
and shall give the applicant and such owner an opportunity to
be heard.

- 4 -

(b) In cases where the Board deems it necessary, it may
hold an advertised public hearing concerning the application.

(c) If the Board determines that the proposed construc-
tion, reconstruction, alteration, moving or demolition is com-
patible with the character of the district, it forthwith shall
approve such application and shall issue to the applicant a
certificate of appropriateness.

(d) If the Board determines that a certificate of appro-
priateness should not be issued, it shall place upon its re-
cords the reasons for such determination and forthwith shall
notify the applicant of such determination, furnishing him an
attested copy of its reasons therefore, and its recormenda-
tions, if any, as appearing in the records of the Board.

(e) The Board may approve such application in any case
where the owner would suffer extreme hardship, not including
loss of profit, unless the certificate of appropriateness were
issued forthwith.

(f) Nothing in this chapter shall prevent any person ag-
grieved by a determination of the Board from appealing such
determination to the City Council and thence to the appropriate

(g) Prior to any scheduled appeal, the Historic Preserva-
tion Board may meet with or submit a written report to the City
Council to set forth reasons and recommendations for the Board
decision for City Council consideration.

Sec. 40.11. Ordinary maintenance allowed; public safety.

(a) Nothing in Sections 40.09 or 40.12 shall be construed
to prevent the ordinary maintenance or repair of any exterior
feature in an historic district or of any landmark which does
not involve a change in design, material, or outer appearance

(b) Nothing in Section 40.09 or 40.12 shall prevent the
construction, reconstruction, alteration, restoration or demo-
lition of any such feature which the City building inspector or
his designee shall certify is required by the public safety
because of an unsafe or dangerous condition.

Sec. 40.12. Alteration of a landmark.

(a) An historic landmark designated by ordinance as herein
provided may be demolished, materially altered, remodeled, or
relocated only after one hundred eighty (180) days' written
notice of the owner's (or person in charge) proposed action has
been given to the Board.

(b) During this one hundred eighty-day period, the Board
may negotiate with the owner or person in charge of the land-
mark and with any other parties in an effort to find a means of
preserving the property.

(c) During this period, or at any time prior thereto and
following notice of designation to the owner and where such
action is appropriate for the continued preservation of the
property, the Board may enter into negotiations with the owner
for the acquisition by gift, purchase, exchange or otherwise of
the property or any interest therein. Nothing herein shall be
construed to authorize the Board to obligate the City in the
acquisition of property.

(d) The Board may reduce the waiting period required by
this section in any case where the owner would suffer extreme
hardship, not including loss of profit, unless a reduction in
the required period were allowed.

- 5-

(e) The Board shall have the discretionary authority to
waive all or any portion of the required waiting period; pro-
vided, that the alteration, remodeling, or relocation is under-
taken subject to conditions agreed to by the Board insuring the
continued maintenance of the historical, architectural or cul-
tural integrity and character of the property.

(f) Nothing in this chapter shall prevent any person ag-
grieved by a determination of the Board from appealing such
determination to the City Council and thence to the appropriate

Sec. 40.13. Grants.

Where the Board recommends the purchase or condemnation of
an historic landmark or any interest therein, and where the
Council approves such recommendation, the Council may wherever
practicable make use of federal grants as provided in the
National Historic Preservation Act of 1966, as it may be amend-
ed, and such other federal, state and local grants as may be

Sec. 40.14. Procedures.

The Board may from time to time promulgate, amend and re-
scind such procedures as it may deem necessary to effectuate
the purposes of this chapter.

Sec. 40.15. Investigations and reports.

The Board may make such investigations and studies of mat-
ters relating to the protection, enhancement, perpetuation or
use of landmarks and historic districts, and to the restoration
of landmarks as the Board may, from time to time, deem neces-
sary or appropriate for the effectuation of the purposes of
this chapter, and may submit reports and recommendations as to
such matters to the mayor and City Council and other agencies
of the City. In making such investigations and studies, the
Board may hold such public hearings as it may deem necessary or
appropriate, and will meet annually with the City Council.

Sec. 40.16. Ownership of artifacts.

Any and all treasure trove, artifacts and such objects
having intrinsic or historical and archaeological value which
have been abandoned on City-owned lands or City-owned submerged
lands shall belong to the City. All recovered artifacts shall
be retained or disposed of in such a place and manner as ap-
proved by the City Council.

Sec. 40.17. Ownership of artifacts.

Any and all treasure trove, artifacts and such objects
having intrinsic or historical and archaeological value which
have been abandoned on City-owned lands or City-owned submerged
lands shall belong to the City. All recovered artifacts shall
be retained or disposed of in such a place and manner as ap-
proved by the City Council.

Sec. 40.18. Unauthorized use of City-owned artifacts.

No person shall remove, alter, or in any way tamper with
treasure trove, artifacts, or any of the objects protected by
section 40.17, located on City-owned lands or City-owned sub-
merged lands unless authorized by the City Council.

Sec. 40.19. Penalties.

(a) Any person who violates any provision of this chapter
shall be punished as provided by Section 1.08 of the Code of
the City of Orlando.

- 6 -

(b) Any person who files with the Board any application or
request for a certificate of appropriateness and who refuses to
furnish, upon demand by the Board, any information relating to
such application or request, or who willfully makes any false
statement in such application or request, or who, upon such
demand, willfully furnishes false information to the Board,
shall be punished as provided by Section 1.08 of the Code of
the City of Orlando.

(c) For the purpose of this chapter, each day during which
there exists any violation of any provision herein shall con-
stitute a separate violation of such provisions.

Sec. 40.19. Injunctions.

Wherever any person has engaged in or is about to engage in
any act or practice which constitutes or will constitute a
violation of sections 40.09, 40.12, or 40.16, the Board may
recommend to the City Council that the City apply to the Cir-
cuit Court for an order enjoining such act or practice, or
requiring such person to refrain from such prospective viola-
tion or to remedy such violation by restoring the affected
property to its previous condition.

SECTION IWO: If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held invalid or

unconstitutional by any court of competent jurisdiction, such portion

shall be deemed a separate, distinct, and independent provision and such

holding shall not affect the validity of the remaining portion hereto.

SECTION THREE: This ordinance shall take effect upon its passage and

as provided by law.

ADVERTISED _~ //, 1982.

READ FIRST TIME / /d 1982.




Grace A. Cew(ning, City Clerk

APPVD as to form and
legality, 3 ___ 1982.

City Attorney
City of Orlando, Florida.

- 7 -

,r AmLUA 'ROOM A00
4 WVT ORANGE. Orlando Historic Preservation Commission
B3LAMO) YW1DO A 32801 12/4/80


1. General: Procedures for Certificates of Appropriateness to

affect structures which are included in National Register

Historic Districts or sites individually listed in the

National Register of Historic Places, or those districts and

sites specified, enabled by, and subject to the provisions of

SECTION ONE, Chapter 40, "Historic Preservation", of the

Code of the City of Orlando, Florida, adopted August 16, 1976.

2. Procedures for Certificates of Appropriateness apply: in

instances whereby the owners of a National Register-listed

property propose impact or improvement which may alter the

exterior appearance of the structure in any way (refer to

SECTION ONE, Chapter 40, Sec. 40.09, 40.10, 40.11).

3. Procedures for Application (Certificates of Appropriateness):

A. Applicant will obtain an Application for Certificate of

Appropriateness from the Office of the Orlando Historic

Preservation Commission, Planning Department, Division

of Community Development. When the application for

Certificate of Appropriateness is completed and filed

with the Office of the Orlando Historic Preservation

Commission, the applicant may request: (1) Informal

Review conference with the Commission's Board of Review

to discuss the applicant's proposal prior to submission

of required materials; or, (2) Formal Review, submit the

required materials per the submission checklist which

is part of the Application (attached).

B. Informal Review (Item 3.A.1) independent of application,

may be initiated by contacting the Officer of the His-

toric Preservation Commission, Department of Planning,

City Hall.

Procedures: Certificates of Appropriateness
Page 2 of 4 pages, OHPC

3. C. Formal Review (Item 3.A.2) may be initiated by con-

tacting the Officer of the Historic Preservation Com-

mission, Department of Planning, City Hall, whereupon

the Officer will advise the applicant of required

materials for review.

D. Upon receiving the required materials for review, the

Commission's Board of Review will comment on the pro-

posed alteration/impact on or before the date of the

regularly scheduled monthly meeting of the Orlando His-

toric Preservation Commission, the second Wednesday of

each month.

E. To qualify for formal review, the applicant shall make

his complete submission before the close of business on

the third Monday of the month, preceding the regularly-

scheduled Commission meeting.

F. The Review Board of the Orlando Historic Preservation

Commission will apply design review guidelines criteria

to the submitted materials based on the Secretary of

the Interior's "Standards and Guidelines for Rehabili-

taion" promulgated by the National Register of Historic

Places, Department of the Interior. Following review,

the Orlando Historic Preservation Commission may (1)

issue a Certificate of Appropriateness, whereby the

applicant may present same to the Building Official of

the City of Orlando to obtain permits necessary to

commence work; or, (2) comment, advising the applicant

regarding submitted items which do not allow the pro-

posal to be given a Certificate of Appropriateness.

Dated comment disallowing Certificate of Appropriate-

ness is to be provided the applicant not more than three

business days following City Council's approval of the

minutes of the Historic Preservation Commission's

Procedures: Certificates of Appropriateness
Page 3 of 4 pages OHPC

3. F. (contd)

actions in regularly-scheduled meeting which record

the current undertakings of the Board of Review.

G. The applicant, his architect, designer, builder,

counsel, or other qualified interested persons) may

request conference with the Board of Review of the

Historic Preservation Commission through the Commis-

sion's Officer at any time during or following the

review period. Further, they may be present at the

Commission's regularly-scheduled meeting when their

submission is considered.

H. The Historic Preservation Commission and its Board of

Review will cite disallowed items in their denial of

Certificate of Appropriateness (as recorded in the

minutes of the Commission). The applicant may submit

proof of compliance with Board of Review recommendations

to the Officer of the Historic Preservation Commission

and then receive a Certificate of Appropriateness within

five business days after submitting proof of recommended

changes) in design.

I. To adequately apply "Standards and Guidelines....",

the Commission may ask the applicant to provide additional

drawings, specifications, graphics, color and material

samples and other documentation not specified in the

submission checklist (see "Application....", attached)

and not otherwise needed for a permit in areas outside

Historic Districts or sites not listed in the National

Register of Historic Places.

Procedures:Certificates of Appropriateness
Page 4 Of 4 OIIPC

4. Denial of Certificate of Appropriateness: Should the

application for Certificate of Appropriateness be denied

and procedures allowed in Item 3.H. of this document are

not implemented upon applicant's receipt of denial comment

with recommendations for disallowed items, the applicant

is allowed sixty (60) days following the date of denial

to negotiate an acceptable proposal, whether it be revision

of an existing proposal or a new submission. Should sixty

(60) days be inadequate time for negotiation, the time may

be extended thirty (30) days upon request of either the

applicant or the Commission. If an acceptable solution is

not achieved following this ninety (90) day period of time,

the Certificate of Appropriateness shall be considered


5. Appeal, Denial of Certificate of Appropriateness: The

applicant may appeal to the City Council within fifteen (15)

days following date of letter of denial. The City Council

may consider the Commission's action upon the denied Cert-

ificate of Appropriateness.

Orlando Historic Preservation Commission


1. Use:

Compatible to original structure, suitable to site.

2. Integrity:

Original fabric of structure, site and environment shall not

be destroyed no removal of historic material or period

architectural features.

3. Alterations:

Immediate and future, which have no historical fact base or

which create an earlier appearance are not to be permitted.

4. Skilled craftmanship

and distinctive style features are to be sensitively and

accurately treated.

5. Repair rather than replace

when possible; a) new materials shall match old material in

composition, color, texture, and other visual quality;

b) replacement of missing features should be accurate repor-

ductions, not conjectural in form and substance; c) design

alternatives shall be substantiated by research and pictorial


6% Surface cleaning

is to be done with the least damaging techniques. Sandblasting

and other harsh cleaning methods are not to be used.

7. Site impacts

will protect in-ground historical and pre-historic material.

8. Site impacts

will be implemented to preserve significant mature plant material.

9. Changes

over time, may have historical merit -- these are to be

recognized and respected.

General Guidelines OHPC
Page 2 of 2 pages

10. Alterations and additions in a contemporary manner

may be permitted if such do not destroy significant historical,

architectural and cultural material. Imitating, in part or in

total, an existing historic structure in an historic district

context is not desirable. Contemporary design and materials

must be compatible to the original in terms of:

a) size

b) scale (proportion, frieze height, articulation)

c) color

d) materials

e) historic character

f) site development

g) adjacent properties

11. Contemporary additions and alterations

shall be designed and constructed in a manner whereby, if they

are removed in the future, the structure could return to its

original form.

Orlando Historic Preservation Commissi(


1. Walls, Exterior, Masonry and Wood

a. Retain original

b. repoint mortar only when there are moisture problems,

or where mortar is missing. Do not rout mortar with

electric devices -- damage to adjacent brick will occur.

c. duplicate original mortar in terms of composition, color

and texture.

d. retain original mortar joint profiles in all weathering


e. pressure-clean with low pressure water treatment and

non-reactive cleaners only.

f. duplicate original materials when replacing deteriorated

brick, stone, or other masonry construction.

g. replace missing architectural elements, i.e., cornices,

brackets, railings, porches and shutters.

h. paint masonry and wood which was originally painted --

often an aesthetic and practical consideration in time

and place.

i. synthetic or modern replacements of original materials --

aluminum, fiberglass, expoxies, are not to be used,

other than for stabilization, consolidation or conserva-

tion of original materials.

2. Roofs

a. retain or restore original shape -- pitch, eaves lines

and ridge.

b. retain and duplicate original roofing material when


c. provide adequate drainage and weathertight covering.

Standards for Review Specific Guidelines
Page 2 of 2 pages 12/29/80

2. Roofs (contd)

d. when replacing deteriorated roofs, match new materials

to old in composition, size, shape, color and texture.

e. preserve or replace necessary roof-mounted architectural

features such as:

dormers chimneys

cupolas cresting

cornices weather vanes


3. Windows and Doors

a. repair and re-use original openings and trim, including:

1. sash

2. glass

3. lintels and sills

4. architraves

5. blinds

6. doors

7. pediments

8. hoods

9. steps

10. hardware

b. duplicate original material and design in new sash and

door work when the original material is deteriorated.

c. when substitute materials and design are used, make.

substitutions as unobtrusive as possible and removable

in the future.

4. Entrances often the prime visual/architectural focus of

an historic structure.

a. retain original work whenever possible.

Orlando Historic Preservation Board


1. DOCUMENTATION putting together a short, precise and well-

referenced brief about the structure. Of primary importance

is period photographic material, carefully enough labeled and

dated to serve as a sound fact base for the design of restored

structural fabric.

2. PRESERVATION the process of applying structural, cosmetic,

or other measures to sustain the existing form, integrity,

and material of a building.

3. PROTECTION protective treatment is of a temporary nature and

anticipates permanent and accurate preservation treatment will


4. RECONSTRUCTION to restore by new construction, the exact form

and detail all or part of a vanished building structure or

object as it can be documented to have appeared at a specific


5. REHABILITATION returning property to a state of utilitarian

function through repair or alteration. Rehabilitation may en-

courage effective contemporary use and at the same time preserve

portions or features of the structure which are historically,

architecturally, or culturally significant.

6. RESTORATION accurately recreating the form and details of a

building in its setting as it is documented to have appeared

at a particular time. Restoration may be achieved by the re-

moval of later fabric and/or the replacement or conservation

of missing earlier fabric.

7. STABILIZATION the process of making a building weather-

resistant and structurally sound when it is unsafe or deter-

iorated. The essential historic form as it exists is to be

protected and retained in the stabilization process,


Applicant's Name:


1. Site Name (present):

2. Address:

part of the

Site number:

3. Owner's Name:


Telephone No. (

4. Applicant's Name:


Telephone No. (

5. What construction,

Historic District.


demolition or moving is requested:

City of Orlando Planning Dept.
400 S. Orange Avenue
Orlando, Florida 32801

Phone: (305) 849-2300

- I --i I-- -

- -- I --

- I I -~----~

-- -- I --




-- "

Application for Certificate of Appropriateness
Page 2 of 2 pages OHPC

6. For the project indicated, the following support data is

required: (3 copies each* -- to be filled in following

conference with OHPC Office).

legal description of property, if not included
in working drawings.

rectified photographs to scale.

site plans, partial drawings, early photographs
of the structure (where informal, early planning
stage review is desired).

photographs of existing structure and impact area
(8" x 10" glossy).

full set(s) of working drawings as required for
building permits.

NOTE: Renderings, including elevations or presentation-drawings
are not required for Certificate of Appropriateness review.

*for review: Historic Preservation Commission retains 1 copy;
applicant receives 1 copy w/ certificate and/or comments.

_ __

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Department of Architecture
University of Florida
Gainesville, Florida 32611

April 24, 1984

Mayor Bill Frederick
c/o Historic Preservation Commission
City Hall, Room 600
400 South Orange Avenue
Orlando, Florida 32801

Dear Mayor Frederick:

I would like to commend you on the fine organizations you represent,
particularly the Historic Preservation Committee of Orlando. I have
recently been reviewing Orlando's Historic Preservation codes and I am
happy to inform you that it reflects a high quality of organization.

I would like to use this letter to point out several strong points
and a few weak points I feel are contained within your ordinance. Because
our masters program is currently studying model historic preservation
ordinances from various areas in the country, I feel as though we are well
informed of the most up-to-date ordinances written today, and any complement
or criticism regarding Orlando's ordinances is based directly on the best
ordinances available.

I will be scrutinizing each chapter very carefully.

PURPOSE (Sec. 40.01)

The purpose as stated by the code of Historic Preservation of the City
of Orlando holds closely to the Handbook of Preservation Law and existing
model ordinances. Valid reasons stated by the ordinance are: the preser-
vation and protection of areas and neighborhoods, the economical strengthen-
ing of the economy, the improvement of property values and the encouragement
of harmonious new construction and development.

Orlando's purpose clause is oriented towards the same four basic cate-
gories recommended by the Preservation Handbook: Economic Basis, Educational/
Cultural Basis, Social Basis and Aesthetic Basis. Basically this well-drafted
purpose clause will "help prevent broad attacks on the local preservation

DEFINITIONS (Sec. 40.02)

As the Handbook points out, "While it is not possible to draft definitions
that will cover every conceivable development activity related to preservation,
major issues can be anticipated." Although it is important to define such

Mayor Bill Frederick
April 24, 1984
Page 2

issues as "historic landmark," "historic district" and "occupant" (as are
currently defined in Orlando's city ordinance), additional necessary words
should be incorporated, such as: "attention," "demolition," and "environ-
mental change." Although the certificate of appropriateness does not have
an additional set of definitions, it also does not encompass the easily
ambiguous terms as noted above.


Model state enabling laws prescribe the composition of the Board to be
of certain professions--an architect, lawyer, historian, urban planner, and
real estate experts (all of which are included in Sec. 40.04 of Orlando's
Preservation Ordinance). Yet, no requirement is made that each of these
areas be represented on the eleven member board. "A range of disciplines
and interests represented helps refute any claims that the actions of the
review board are arbitrary."

TERMS OF OFFICE (Sec. 40.05)

I offer no additional suggestions for these sections.


This section of the Orlando ordinance reflects recommendations made by
the Handbook of Preservation Law, yet omits several additions which would
strengthen the legality of its rulings (although not published, these factors
should be considered).

(1) Follow sound survey techniques--conduct professional surveys by
professional organizations.

(2) Draft Acceptable Designation Standards--in other words, articulate
Designation Standards before designating a landmark or district.

(3) Decide what is being designated--have a set standard of rules which
indicate the factors that make structures historic. (Factors such
as age, architectural details, notoriety of architects involved,
etc. are factors indicating historic value of various structures.)

(4) Evaluate the role and impact of economics upon the designation of
a district--will it help or hurt the district?

Suggestions made in the ordinances drafted for Seattle, Washington, and
New York City are:

Historical, Cultural Importance

(1) has significant character, interest or value, as part of the
development, heritage or cultural characteristics of the City,
State or Nation; or is associated with the life of a person
significant in the past; or
(2) is the site of an historic event with a significant effect on
society; or

Mayor Bill Frederick
April 24, 1984
Page 3

(3) exemplifies the cultural, political, economic, social or
historic heritage of the community.

New York City has a similar standard--the proposed landmark must
possess "a special character or special historical or aesthetic
interest or value as part of the development, heritage, or cultural
characteristics of the city, state, or nation"--that has been up-
held in several cases.
Neither the New York City or the Seattle standard is elaborate,
but each is one that owners and judges can understand."

(Handbook on Preservation Law, 1982, p. 83)

Perhaps the addition of "Historical and Cultural Importance" to your
ordinance would upgrade the qualtiy of the future nominations made.


Disclosure of pecuniary and personal interests is an issue commissioners
should be sensitive to. The suggested scope of powers granted to the Review
Body are listed in the Handbook of Preservation Law (p. 71).

"Scope of Powers

One of the most significant facets of any local ordinance will be
the scope of powers granted to the review body. Again, these
powers may be specified by state law, or a local government may
have wide latitude under home rule powers. The following is a
noninclusive list of possible powers that may be granted to a

-to survey and identify historically and architecturally signifi-
cant structures and areas;
-to designate and protect landmarks and their surroundings and
landmark districts;
-to review applications for alteration, construction, or demolition
of landmark buildings and all structures within a historic district;
-to require affirmative maintenance of historic structures;
-to make recommendations regarding zoning amendments and comments
on the local comprehensive plan;
-to undertake educational programs and activities;
-to establish standards and procedures for designation and development
-to accept funds from federal, state, and private sources;
-to buy, sell, or accpet donations of property;
-to exercise the poer of eminent domain;
-to accept easements and other less-than-fee interests in property.

The most important powers that can be vested in a landmarks commission
have all been held valid under the U.S. Constitution by various courts:

Mayor Bill Frederick
April 24, 1984
Page 4

the power to deny an application to demolish or alter landmarks
(upheld by the Supreme Court in the Penn Central case); to regu-
late new construction or development in the vicinity of a land-
mark or district; and to impose affirmative maintenance require-
ments on landmark owners."

(Handbook on Preservation Law, 1982, p. 70)

These suggestions will enhance the powers of the Commission, should it need
to be used.


The Handbook of Preservation Law (p. 90) suggests that additional design
standards must be set, in order to be used comparably by a local commission
in determining whether a proposed demolition or change is compatible with the
said landmark or district. These various considerations having impact on any
building or alteration are:

"mass--the height of a building, its bulk, and the nature of roof
the proportions between the height of a building and its width (is
its appearance predominantly horizontal or predominantly vertical?);
the nature of the open spaces around buildings, including the ex-
tent of setbacks, the existence of any side yards (with an occasional
view to the rear) and their size, and the continuity of such spaces
along the street;
the existence of trees and other landscaping, and the extent of paving;
the nature of the openings in the facade, primarily doors and windows--
their location, size, and proportions;
the type of roof--flat, gabled, hip, gambrel, mansard, etc.;
the nature of projections from the buildings, particularly porches;
the nature of the architectural details--and, in a broader sense,
the predominant architectural style;
the nature of the materials;

the details of ornamentation;
(Handbook on Preservation Law, 1982, p. 83)

Although the above suggested considerations do not necessarily need to be
published within the text of the ordinance, they should be observed within
regular hearings as a necessary part of the Review Standards.

Mayor Bill Frederick
April 24, 1984
Page 5


Basically, the landmark owner must be given an opportunity to be heard,
to present his case, and to rebut the opposing case. In the case, for
example, such as Gumley v. Board of Selectment of Nantucket, the local land-
marks commission that disapproved a new development was overturned because
their opinions were vocalized based on open space considerations rather than
external architectural features as specified in the ordinance. By adhering
to specific guidelines, the commission is less liable to be overturned, and
the Orlando City Commission needs to keep this in mind.


It is necessary to spell out basic maintenance and public safety precau-
tions because various landmark owners may either not be aware of their respon-
sibilities, or may not wish to uphold their responsibilities.

The Handbook of Preservation Law points out three main facets of main-
taining landmarks in a desirable state of repair (pp. 107-108).

(1) people may omit repairs to skip the bureaucratic hassle;

(2) some landmarks may be neglected to the point of near demolition;

(3) when landmarks fall into total neglect, it is often easy for local
municipal building and health codes to demolish said buildings.

In essence, too much regulation can hinder regular maintenance on build-
ings. A subsidiary issue to beware of is the designation of particular parties
to be responsible for maintenance.


These procedures are fairly and adequately spelled out. Sympathetic
landmarks commissioners must have flexibility in dealing with owners that
face economic hardship because of lack of public use for particular landmarks
and legal restrictions limiting sound growth.

GRANTS (Sec. 40.14)*
PROCEDURES (Sec. 40.14)*
OWNERSHIP OF ARTIFACTS (Sec. 40.16, 40.17)*

*These sections adequately explain themselves and further strengthen the
body of the Historic Preservation of Orlando ordinance. These additional
powers are spelled out for future use in case their particular section is
brought up.

Mayor Bill Frederick
April 24, 1984
Page 6


In Chicago, the Rincker House, the second oldest structure in the city
and a designated landmark, was torn down without official approval by a
developer who apparently found that the prospective profits from redevelop-
ing the site far outweighed the puny penalties contained in the local land-
marks ordinance. In other words, this penalty was just another cost of
doing business.

As Orlando increases in size, and as its land values skyrocket, this
very same type of incident may be encountered--the cost of damages are minor
enough to be looked upon as another cost of doing business. Because I am
not familiar with Section 1.08 of the code of the City of Orlando, I am in
no position to judge the severity of the penalties incorporated by such an
action. Only you, the head of the County Commission, can judge whether these
penalties are severe enough to deter violation.

INJUNCTIONS (Sec. 40.19)

The Handbook of Preservation Law (p. 121) offers four remedies to ensure
landmark owner compliance:

(1) injunctive relief and compliance orders;

(2) receiverships/entry onto land to correct violation;

(3) money fines;

(4) forcing reconstruction.

These four remedies are carefully designed to enable the courts to back
injunctions set forth by commissioners.

Generally, the Orlando city ordinance complies with basic rules required
to establish Historic Preservation prestige. The few additional suggestions
made here are merely additional areas of legal powers gained by various
ordinances throughout America which could be used to enhance the meaning of
the Orlando ordinance, but are by no means a replacement for any particular

Also, it should be assumed that this process of revision and amendment
to ordinances is necessary in the upward growth of any jurisdiction and is not
meant to overly criticize any particular area of existing legislation.

Thank you for your time and I would enjoy hearing from you.


Suzanne Roess
Masters Candidate
Historic Preservation

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