§ 62-178. Definitions.

The following words and phrases when used in this article shall have the following meanings:

Building means any structure with an impervious roof built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent or more of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."

Certified local government means designated local government meeting the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515), the implementing regulations as established by the United States Department of the Interior (36 C.F.R. Part 61) and the Florida Certified Local Government Guidelines provided by the Florida Department of State, Division of Historical Resources.

Contributing property means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because:

(1)

It was present during the period of significance of the district, and possesses historic integrity reflecting its character at that time;

(2)

Is capable of yielding important information about the period; or

(3)

It independently meets the National Register of Historic Places criteria for evaluation set forth in 36 C.F.R. Part 60.4, incorporated by reference.

County council means the seven duly constituted members of the county council of the County of Volusia, Florida.

Due public notice means publication of notice of day, time, place and purpose of a public hearing at least once in a newspaper of general circulation in the area, with such publication to be at least ten calendar days prior to the date of such public hearing.

Historic district means a group of sites, buildings, structures and/or objects linked by historical association or aesthetically by plan or physical development. A district may be a significant concentration of resources or individual properties geographically separated, but with shared historical association.

Historic property means a building, site, structure, or object which is:

(1)

Individually listed in the National Register of Historic Places;

(2)

A contributing property in a National Register listed historic district;

(3)

Designated as a historic property or landmark under the provisions of a local historic preservation ordinance; or

(4)

A contributing property in a historical district designated under the provisions of a local historic preservation ordinance.

Historic preservation officer means the director of growth management services of the county or his/her duly authorized representative who is responsible for administering, interpreting, and enforcing the provisions of this article. Said officer or his/her duly authorized representative should meet the requirements of at least one of the disciplines (history, archaeology, architectural history, architecture, historic architecture) outlined in the Professional Qualification Standards in 36 C.F.R. 61 or appendix A of the Florida Certified Local Government Guidelines.

Improvements means changes in the condition of real property brought about by the expenditure of labor or money for the restoration, renovation or rehabilitation of such property. Improvements include additions and accessory structures (i.e., a garage) necessary for efficient contemporary use.

National Register of Historic Places means the list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (P.L. 89-665; 80 STAT. 915; 16 U.S.C. 470), as amended.

Noncontributing property means a building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because:

(1)

It was not present during the period of significance of the district;

(2)

Due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or

(3)

It does not independently meet the National Register of Historic Places criteria for evaluation.

Owner means any person, group of persons, firm or firms, joint venture, corporation or corporations, or any other legal entity having legal title to the land regulated under this article.

Person means an individual, firm, association, organization (whether social, fraternal or business), partnership, joint venture, trust company, corporation, receiver, syndicate, business trust or other group or combination acting as a unit.

Renovation or rehabilitation means for historic properties or portions thereof which are of historical or architectural significance. "Renovation or rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, cultural and archaeological values. For historic properties or portions thereof which are of archaeological significance or are severely deteriorated, "renovation" or rehabilitation" means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.

Restoration means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Useable space means that portion of the space within a building which is available for assignment or rental to an occupant, including every type of space available for use of the occupant.

Volusia County Historic Preservation Board means the board created and authorized pursuant to section 62-1, et seq., the Code of Ordinances of the County of Volusia.

(Ord. No. 00-19, § IV, 6-15-00)