Chapter 26 - City of Punta Gorda
Chapter 26 - City of Punta Gorda
Chapter 26 - City of Punta Gorda
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ARTICLE 8<br />
STANDARDS OF GENERAL APPLICABILITY<br />
Section 8.1. Demolition and Relocation <strong>of</strong> Historic Buildings<br />
An application for demolition or relocation <strong>of</strong> a structure on the National<br />
Register <strong>of</strong> Historic Places, Florida Master Site File, or a Local Historic Landmark shall<br />
be referred to the Historic Preservation Advisory Board for review and<br />
recommendation. In all instances the <strong>City</strong> Council shall have the first right <strong>of</strong> refusal to<br />
purchase or accept for dedication a historic structure prior to issuance <strong>of</strong> a final<br />
demolition permit.<br />
(a) Designated Buildings and Structures. An application for a Certificate <strong>of</strong><br />
Appropriateness authorizing the demolition or relocation <strong>of</strong> a landmark building<br />
or structure within a historic district may not be denied. However, the effective<br />
date <strong>of</strong> such a certificate may be delayed for a period <strong>of</strong> up to 18 months from<br />
the date <strong>of</strong> approval. The maximum period <strong>of</strong> delay authorized by this section<br />
shall be reduced by the <strong>City</strong> Council upon review and recommendation <strong>of</strong> the<br />
HPAB where it finds that the owner would suffer extreme hardship or be<br />
permanently deprived <strong>of</strong> all beneficial use <strong>of</strong> or return from such property by<br />
virtue <strong>of</strong> the delay. During such period, the Historic Preservation Advisory Board<br />
or its agent may consult with the owner and with any other parties in an effort<br />
to find a means <strong>of</strong> preserving the building. If the Historic Preservation Advisory<br />
Board finds that the building has no particular significance or value toward<br />
maintaining the character <strong>of</strong> the district it may recommend that <strong>City</strong> council<br />
waive all or part <strong>of</strong> such period and authorize earlier demolition or removal.<br />
(b) Non-designated Buildings and Structures. An application for a Demolition<br />
Permit for non-designated structures [structures which are 50 years <strong>of</strong> age or<br />
older and/or listed on the Florida Master Site File but not located in a<br />
designated district] which do not constitute an emergency situation, shall be<br />
delayed for a period <strong>of</strong> up to 45 days from the date <strong>of</strong> approval. The maximum<br />
period <strong>of</strong> delay authorized by this section shall be reduced by the <strong>City</strong> Council<br />
upon review and recommendation <strong>of</strong> the HPAB where it finds that the owner<br />
would suffer extreme hardship or be permanently deprived <strong>of</strong> all beneficial use<br />
<strong>of</strong> or return from such property by virtue <strong>of</strong> the delay. During such period, the<br />
Historic Preservation Advisory Board or its agent may consult with the owner<br />
and with any other parties in an effort to find a means <strong>of</strong> preserving the<br />
building.<br />
Section 8.2. Development Agreements<br />
The <strong>City</strong> Council, in its sole and exclusive discretion, may enter into<br />
development agreements with the legal and equitable owners <strong>of</strong> real property within<br />
the <strong>City</strong> limits as is provided in <strong>Chapter</strong> 163, Florida Statutes, and as is further set<br />
forth under the terms <strong>of</strong> this section. The entry into a development agreement by the<br />
said <strong>City</strong> shall in no way whatsoever limit or modify any legislative power by the said<br />
<strong>City</strong> to adopt ordinances, resolutions, regulations or to make executive, administrative<br />
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