Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PRESERVATION OF HISTORICAL CULTURAL RESOURCES SITES; AMENDING SECTIONS 5-530, 5-532, AND 5-536 OF ARTICLE XVII OF CHAPTER 5 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting on August 22, 2024.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
Chapter 5, Article XVII, Preservation of Historical Cultural Resource Sites, of the Broward County Code of Ordinances (the “Code”), requires all work items (large or small; major or minor) affecting designated historic resources to be submitted for review at a public hearing before the Historic Preservation Board (“HPB”). When the work is deemed by the HPB to be appropriate in the context of the historic resource, the HPB will issue a document called a “Certificate of Appropriateness” (“COA”). However, the HPB meets only a limited number of times each year.
At the February 24, 2022, meeting, the HPB unanimously requested language be added to the Code that would enable the Historic Preservation Officer (“HPO”), who is a Broward County employee, to issue COAs, without a review by the HPB, but only for minor work occurring at historic resources. The HPB’s request is consistent with the practice of most Florida Certified Local Government preservation programs.
On August 22, 2023, Item No. 25, the Board approved a Motion to Direct the County Attorney to prepare an Ordinance that would separate the COA process into two tracks: (i) for COAs issued by the HPB for major work affecting historic resources (called a “Special COA”); and (ii) for COAs issued by the HPO for minor work affecting historic resources (called a “Regular COA”). The development of this Ordinance involved extensive discussions with the HPO and Broward County Resilient Environment Department staff.
If enacted, this Ordinance will codify the distinct processes for granting Special COAs and Regular COAs and provide authority to the HPO to issue the latter. This will allow minor work to be processed and approved expeditiously and cost effectively, thus benefiting historic property owners who wish to make improvements. Major work affecting historic resources would continue to require applications for a Special COA before the HPB during a public hearing. The Ordinance also provides an appeal process for applicants who disagree with HPO determinations regarding Regular COAs.
In addition, the Ordinance will clarify that historic resources designated prior to inclusion in the County’s Certified Local Government (“CLG”) program are recognized by the County as well as any municipality that may assume jurisdiction for preservation of the relevant resource(s).
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.