22-013 1
2 ORDINANCE NO. 22-013
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
6 FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
7 CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES;
8 CHAPTER 3, ARTICLE IV, SECTION 5. NONCONFORMING USES; AND
9 CHAPTER 4, ARTICLE IX, SECTION 6. HISTORIC PRESERVATION
10 REQUIREMENTS TO PROMOTE, INCENTIVIZE AND FACILITATE THE
11 PRESERVATION OF HISTORICALLY-DESIGNATED PROPERTIES IN THE
12 CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
13 AN EFFECTIVE DATE.
14
15
16 WHEREAS, the subject amendments are being proposed to promote the City's
17 Historic Preservation Program.; and
18 WHEREAS, these amendments pertain to proposed property improvements, non-
19 conforming characteristics of historic properties, and potential internal conflict between
20 initiatives within redevelopment plans and preservation objectives; and
21 WHEREAS, the amendments are being proposed by the City's Historic Resources
22 Preservation Board (HRPB) in response to, in part, the magnitude of previous demolitions of
23 historic houses, recent inquiries regarding desired modifications to historic structures, and
24 the possible conflict between redevelopment plan design standards and preservation
25 initiatives; and
26 WHEREAS, the City Commission of the City of Boynton Beach has considered the
27 recommendations and has determined that it is in the best interest of the citizens and
28 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
29 Development Regulations as contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx
31 OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
35 "Zoning", Article III "Zoning Districts and Overlay Zones"; and Article IV, Section 5,
36 "Nonconforming Uses", are hereby amended as follows:
37 See Exhibit "A" attached hereto and incorporated herein by reference.
38 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4,
39 Article "IX", Section 6 "Historic Preservation Requirements" are hereby amended as follows:
40 See Exhibit "B" attached hereto and incorporated herein by reference.
41 Section 4. Each and every other provision of the Land Development Regulations
42 not herein specifically amended, shall remain in full force and effect as originally adopted.
43 Section 5. All laws and ordinances applying to the City of Boynton Beach in
44 conflict with any provisions of this ordinance are hereby repealed.
45 Section 6. Should any section or provision of this Ordinance or any portion
46 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
47 affect the remainder of this Ordinance.
48 Section 7. Authority is hereby given to codify this Ordinance.
49 Section 8. This Ordinance shall become effective immediately.
50 FIRST READING this 17th day of May, 2022.
51
2
S:\CA1Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx
52 SECOND, FINAL READING AND PASSAGE this to day of June, 2022.
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES NO
55
56 Mayor—Ty Penserga ✓
57
58 Vice Mayor—Angela Cruz ✓
59
60 Commissioner—Woodrow L. Hay ✓
61
62 Commissioner—Thomas Turkin ✓
63
64 Commissioner—Aimee Kelley ✓
65
66 VOTE 6- 0
67 ATTEST: 4
69
70 .4".1
stat Gibson, MMC
71 City Clerk
72 (Corporate Seal)
3
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx
Exhibit "A"
ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
Sec. 1. Overview.
A. General. Pursuant to Chapter 1, Article III, Section 5.B., any given parcel of land in the
city shall have a zoning district that corresponds with the Future Land Use Map (FLUM)
classification of the Comprehensive Plan.
B. Residential Building and Site Regulations (Table 3-1).
RESIDENTIAL R-1 R-1 R- R-1 R- R-3 IPUD PUD MHPD
AAB AA 1A 13 2 Duplex 13 Multi
Density(dwelling units per 5 5.5 6 7.5 10 11 Flexiblel0 Flexible1° Flexible10
acre):
Project Area,Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+
(acres)
Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200
Minimum(square feet):
Lot Frontage,Minimum 90 75 60 60 75 100 Flexible Flexible N/A
(feet):
Living Area,Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A
(square feet):
Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A
Floor-Area-Ratio(FAR)for N/A N/A N/A N/A N/A N/A N/A N/A N/A
Non-Residential,Maximum:
Structure Height,Maximum 30 30 30 30 30 456 457 456 30
(feet):
Building Setbacks,
Minimum(feet):
Front: 25 25 25 25 25 40 Flexibles Flexibles 20
Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexible5 5
Corner side: 254 254 254 254 25' 40 Flexible5 Flexible5 1011
Rear: 204 204 204 204 25" 40 Flexible5 Flexible5 1011
Special rear yard setback Maximum Percentage of Reduction:
reductions for 1-story
building additions abutting:
1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A
(ICWW):
Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Canal wider than 150 50% 50% 50% 50% N/A N/A N/A N/A N/A
feet:
Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A
150 feet:
Commercial/industrial 50% 50% 50% 50% N/A N/A N/A N/A N/A
Public/private park• 50% 50% 50% 50% N/A N/A N/A N/A N/A
Perimeter wall abutting 50% 50% 50% 50% N/A N/A N/A N/A N/A
non-residential:
Administratice:adjustment: Maximum Percentage Of Reduction(10 standard yard setback):
Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A
Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A
Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A
General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11
1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not
be used in conjunction with the setback reductions allowed by administrative adjustments.
2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building
line of a legally non-conforming single-family structure, or a building line previously approved by a variance.
3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes
shall conform to the R-2 district requirements.
4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot
shall provide for front yard setbacks along both streets. When two (2)front yard setbacks are provided for on a
corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed.
5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family
residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the
setbacks of the adjacent development based upon the orientation of structures with said development. Also,
perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in
excess of thirty (30)feet. Project design along abutting roadway(s), including setbacks, shall be based on
existing development patterns or applicable recommendation from the respective development plan.
6. See Note#5 for additional setback requirements relative to building height.
7. A lesser building height may be required for compatibility with adjacent properties. See Note#5 for more
setback requirements relative to building height.
8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard
shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975.
9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit (also see
Chapter 4, Article Ill, Section 8.).
10. The maximum allowable density is determined by the applicable future land use classification of the
Comprehensive Plan.
11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent
zoning district(s), but with a minimum of the setback required for a single-family residence.
12. Multi-family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in
R-3 require twenty thousand (20,000) square feet.
13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that(1)
were originally platted or(2) were existing parcels as of April 1, 2020 may use the development regulations within
this section to develop a single-family residence:
C. Non-Residential Building and Site Regulations (Table 3-2).
NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU
Density(dwelling units N/A N/A N/A N/A N/A N/A N/A Flexible" N/A N/A
per acre):
Project Area, Minimum N/A N/A N/A N/A N/A 3'' N/A 25' N/A N/A
(acres)
Lot Area, Minimum 9.00 0 5,000 15,0 00 5.0 00 15,0 00 Flexible 10,000 Flexible 43.5 60 8,000
(square feet):
Lot Frontage, 75 50 75 50 75 Flexible 0 Flexible 100 75
Minimum:
Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A
Lot Coverage, 40% 40% 40% 40 % 75%15 40%71 60% 60% N/A N/A
Maximum:
Floor-Area-Ratio 0_40 0.50 0.50 0.5 0 N/A 0.50 0.50 0.50 0.50 1.00
(FAR). Maximum:
Structure Height. 30' 259 45 45 45 45 45 45 45 45
Maximum (feet):
Building Setbacks,
Minimum(feet)14:
Front 30 30 20 25 0 40 15 30 25 2573
Rear 20 20 202 205 206 40 203 30 25 2513
Interior side 10 15 01 155 0 30 154 20 25 1513
Corner side 10 20 20 155 82 30 15 30 25 1513
Building Setbacks,
Minimum if abutting
•
a residential district
(feet)''
Rear 30 30 30 30 N/A N/A 30 N/A N/A 30
•
Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30
Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A
Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A
1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15)feet
shall be provided on one(1) side.
2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half
(1/2)the width of such street or alley, but in no case shall a rear yard be less than ten (10)feet.
3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10)
feet.
4. Where rear yard abuts a paved alley or street. then no side setback shall be required.
5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10)feet and
no side yard shall be required, except on corner lots.
6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight(8)feet at
first floor level, in which case, no setback shall be required at all other floor levels.
7. Eight (8)feet is required at first floor level. No setback shall be required at all other floor levels.
8. Waterfront setbacks shall be measured from the property where the body of water is under different
ownership than the subject property line. However, setbacks are measured from the mean high water line if the
body of water is under the same ownership as the subject property.
9. Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five (35)feet
but only with conditional use approval.
10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent (40%) of
the plot on which they are constructed.
11. Contiguous acres.
12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use
classification. Maximum residential densities shall be in accordance with the thresholds established for the
respective DRI.
13. For hospital buildings, additional setbacks in excess of thirty(30) feet shall be required for any height over
forty-five (45)feet. The additional setback shall be measured by calculating three (3) additional feet of setback for
each foot in height above forty-five (45)feet, not including minimal rooftop equipment that are eligible for height
exception pursuant to Chapter 2, Article II, Section 4.
14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays.
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE, URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C
MIXED USE,URBAN 13'14 MU-1 MU-2 MU-3 MU-4 MU-C
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
All other uses 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 100 2 1502 200 2 200 2
Structure lit.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.)3 45 65 75 100 150/1254
Maximum Density(Dlls/Acre)10• 20 40 50 60 80
12
Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0
Build-to-line(ft.)8
All sides abutting a collector or Factor of Pedestrian Zone Requirement'
arterial road
Abutting a Local street 0' 0' 0' 0' 0'
Interior side 0' 0' 0' 0' 0'
Building Setback,Minimum(ft.)8
Rear abutting:
Residential single-family 255/05.6 255 255 255 255
Intracoastal waterway 255 255 255 255 255
Side abutting
Residential single-family 255/05.6 255 255 255 255
Usable Open Space,Minimum(sq. N/A N/A 0.5% 1% 2%
ft.)°
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Project sites must front on two(2) intersecting rights-of-way and must have an uninterrupted lot frontage. An
exception shall be made when the interruption is attributed to the existence of a designated historic site, or a site
currently on the List of Potentially Significant Sites. Project design shall maximize compatibility with the historic
site so as to allow the historic site to mutually-contribute to the streetscape. Design considerations should include
transitional design elements such as building separation, facade treatments and open space, and plazas and
landscaping. Pedestrian Zone requirements shall be required to continue uninterpreted by the historic site,
including streetscape, landscaping and pedestrian amenities.
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is
thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where
adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these
regulations. Height bonus may be granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any
other MU or residential zoning district not separated by a right-of-way.
5. Plus one (1) additional foot for each foot of height over thirty-five (35)feet.
6. Where there is an intervening right-of-way of at least forty (40)feet.
7. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in
conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when
additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of
roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is
comprised of three components: 1) a five (5)foot wide street tree area, measured from the back of the curb, or
future curb on roads requiring a right-of-way dedication, 2) an eight (8)foot wide sidewalk (ten-foot(10') wide
sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan),
free from obstructions, measured from the centerline of street trees, and 3) an eight-foot (8')wide active area,
measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right-
of-way regulations. See Section 5.C.2 below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be
devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III. Section
for additional regulations.
10. Projects within the Downtown Transit-Oriented Development District(the Station Area) shall have minimum
densities as follows: MU-1 -fifteen (15), MU-2 -twenty-five (25), MU-3 -thirty-five (35), MU-4 -forty-five (45) and
MU-C -sixty(60) dwellings per acre.
11. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have a minimum
FAR as follows: MU-3-one and three-quarters (1.75), MU-4 (2.0) and MU-C-two(2.0). Maximum FAR for MU-3
may be increased to 3.5 if abutting property with the Mixed Use High future land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station
Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying
zoning district through participation in the City's Workforce Housing Program.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE
requirement by including commercial uses serving the general public such as retail, restaurants, bars,
entertainment, personal services, and offices. Resident-only serving amenities such as lounges, gyms, common
rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial
requirements.
14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the Federal Highway
District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet
ACTIVE USE requirement by using design features - including street-fronting access -to allow residential use to
engage with the street and provide the opportunity for interaction. Such features may be combined with building
amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor.
Sec. 5. Nonconforming Uses.
A. Definition. See Chapter 1 , Article II, Definitions.
B. Existing Uses.
1. General. Any lawful use of land or structures existing on the effective date of the
adoption or amendment of these zoning regulations, but which would become a
nonconforming use under the terms of these Regulations or future amendments hereto, shall
be permitted to continue, subject to the provisions of this section pertaining to its extension,
alteration, reconstruction, business tax renewal, discontinuance or change.
Any use or structure in lawful existence at the time of adoption or amendment of these
zoning regulations which would thereafter require a conditional use approval under its
provisions shall be construed to be a nonconforming use. Such uses or structures may
become conforming upon application, review, and approval as a conditional use according to
the procedures and standards set forth in these zoning regulations for conditional use
approvals. However, if approval of a conditional use is not granted for such use or structure,
then it shall continue to be construed as nonconforming. Any enlargement, increase,
extension, or intensification of a use or structure would require such approval as if it were a
new use or structure. Any alteration or movement of such use which the Development Director
finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use
approval, but shall conform to all other applicable provisions contained in the Boynton Beach
Land Development Regulations.
2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in
possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance,
but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to
Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business
operations and/or associated building by up to twenty percent (20%), provided it does not expand onto
an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on
the Quantum Park Master Site Development Plan.
C. Nonconforming Use Limitations.
1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied on the effective date of the
adoption or amendment of these Regulations, unless such use is subsequently changed to a
use permitted in the district in which such use is located.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot
or parcel occupied by such use on the effective date of the adoption or amendment to these
Regulations, nor shall such nonconforming use be moved to any other parcel or located in any
district within which said use is not permitted.
No additional structures or buildings shall be erected in connection with such nonconforming
use of land.
2. Use of Structures. Any nonconforming use which occupies a portion of a building or
other structure not originally designed or intended for such use shall not be extended to any
other part of the building or structure. No nonconforming use may be extended to occupy any
land outside the building or structure, nor any additional building or structure on the same plat,
which was not used for such nonconforming use at the effective date of the adoption or
amendment of these Regulations.
No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or
structurally altered, unless the use is changed to one which complies with the provisions of
these Regulations. However, ordinary repairs, maintenance and improvements, such as
plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall
be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed
value of the building or structure for that year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the preceding paragraph and provided such
work does not increase the cubic volume of the structure, the floor area devoted to the
nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent
compliance with applicable laws or ordinances relative to the safety and sanitation of a building
occupied by nonconforming use.
D. Change of Use. Any part of a structure or land occupied by a nonconforming use which
is changed to or occupied by a conforming use shall not thereafter be used or occupied by a
nonconforming use. A nonconforming use of land or structure shall not be changed to any
other use except one which would be permitted as a conforming use in the district in which the
land or building is located. However, no change shall be required in the plans, construction, or
designed use of any structure for which a building permit was lawfully issued pursuant
to Chapter 4, Article IX, and upon which construction has actually begun prior to the effective
date of the adoption or amendment of these Regulations.
E. Discontinuance. If for any reason a nonconforming use of land, structure or any part
thereof ceases or is discontinued for a period of more than six (6) consecutive months, except
when government action impedes access thereto, the land shall not thereafter be used for a
nonconforming use. The issuance or existence of a required business tax receipt, permit, or
other governmental authorization to conduct such nonconforming use shall not mean that the
use has not ceased, but that the lack of the same shall create a refutable presumption that the
use has ceased.
F. Nonconforming Lots/Structures. See Chapter 3, Article V, Section 11 for the regulations
pertaining to nonconforming lots and structures.
G. Designated Historic Sites. The restrictions of this Section that limit the extension,
alteration, reconstruction, business tax renewal, discontinuance or change of a non-conforming
use of property do not apply to a property that is listed on the City's Register of Historic Places.
EXHIBIT "B"
HISTORIC PRESERVATION - EXCERPTS FROM LDR
Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements.
A. General.
1. Purpose and Intent. These provisions are designed to identify, protect, restore
and encourage the reuse of Resources, all of which are essential to the City's health,
safety, morals and its economical, educational, cultural, and general welfare. These
valid public purposes shall be fulfilled by the ordinance, to achieve the following goals:
a. Preserve, protect, enhance and perpetuate Resources which represent
distinctive and significant elements of the City's historical cultural, social, economica4,
political, archaeological, and architectural identity; and/or serve as visible reminders of
the City's culture and heritage;
b. Ensure the harmonious, orderly, and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
c. Strengthen civic pride and cultural stability through neighborhood
conservation;
d. Contribute to the stabilization of the economy of the city through the continued
use, preservation, conservation and revitalization of its Resources;
e. Protect and enhance the city's historic, cultural and architectural attractions to
tourists and visitors and the support and stimulus to business and industry thereby
provided;
f. Promote the use of Resources for the education, pleasure, and welfare of the
people of the City;
g. Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions with in the
city's historic districts and neighborhoods;
h. Protect and enhance the scale, character and stability of existing
neighborhoods, and protect against destruction of or encroachment upon areas which
contribute to the character of the City;
i. Facilitate the creation of a convenient, harmonious and attractive community,
and protect the architectural beauty, special architectural features, and special
landscape features of the City;
j. Avoid demolition, or other adverse effect on historic properties (Properties) and
Districts, which would cause an irreparable loss to the City;
k. Assist neighborhoods to achieve a positive neighborhood identity and sense of
place.
In addition, these provisions are designed to implement, be consistent with, and
assist in the achievement of the goals, objectives and policies, as specifically required
by the City's Comprehensive Plan, with respect to historic, conservation, and
neighborhood Resources.
2. Terms and Definitions. See Chapter 1 , Article II for all applicable terms and
definitions which pertain to the historic preservation regulations and standards
contained herein.
3. Certified Local Government Review. The City Commission is a Certified Local
Government (CLG) approved by the Florida Department of State, Division of Historical
Resources. The City Commission as a CLG is required to participate in the Florida
National Register of Historic Places nomination process, be involved in the Section 106
process, and is eligible to receive grants from the Certified Local Government Section of
the Florida Department of State, Historical Resources Grants-In-Aid program.
4. Unsafe Buildings and Structures. Should the Building Official determine that a
Historic Property (either designated or - •
. . - _ -e' _ • _ e.. _ - .e '. _ •on
the list of"potentially significant" sites) or a Property within a Historic District is unsafe,
the Planning and Zoning staff and Historic Resources Preservation Board shall be
notified of such findings. Within applicable laws and regulation, the Building Official shall
endeavor to have the Resource repaired rather than demolished and shall take into
account any comments and recommendation by the Board. The Board may take
appropriate actions to Effect and accomplish the preservation of the Resource,
including, but not limited to, negotiations with the owner and other Interested Parties,
provided that such actions do not interfere with the Florida Building Codes.
In the case where the Building Official determines that there are emergency
conditions dangerous to the life, health or property on a designated or inventoried site or
Property within a Historic District, and timely Demolition is the only course of action, the
Building Official may order the Demolition and notify the Planning and Zoning Division of
the impending action. In this instance, a Certificate of Appropriateness will not be
required and the Historic Resources Preservation Board will promptly be notified of the
action being taken.
5. Waiver of Technical Requirements. The provisions of the technical codes
relating to the construction, alteration, repair, enlargement, restoration or moving of
Buildings may not be mandatory for those Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic Places, when evaluated
by a Florida registered architect or engineer and demonstrated to the Building Official to
be safe and in the public interest of health, safety and welfare.
Resources or portions thereof that do not strictly comply with the Florida Building
Code may be considered to be in compliance, if it can be shown to the satisfaction of
the Building Official that equivalent protection has been provided or that no hazard will
be created or continued through noncompliance. (Life safety and property conservation
shall be provided in accordance with Chapter 11 , Sections 1105 and 1106 of the 2007
Florida Building Code, or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of Historic Places and
the National Register of Historic Places may receive exemption from accessibility
requirements. (Pursuant to Chapter 11 , Section 11-4.1.7 of the 2007 Florida Building
Code, or as subsequently amended, the Building Official may determine that
compliance for accessible routes (exterior and interior), ramps, entrances, or toilets
would threaten or destroy the historic significance of the Building, in which case the
alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized).
6. Modified Development Standards for Registered Historic Structures. Locally
registered historic structures may use the development standards within this section.
These provisions apply to single-family, two-family, or multi-family structures within
single-family zoning districts, and residential or commercial uses within non-residential
zoning districts, including improvements to said structures and properties that are
approved through the Certificate of Appropriateness process. Proposed improvements
to said structures and properties shall be reviewed according to the following
requirements:
Modified Residential Building and Site Development Standards- Historic Sites
Lot Area per unit, Minimum (square feet): N/A
Lot Frontage, Minimum (feet): N/A
Living Area, Minimum A/C (square feet): N/A
Lot Coverage, Maximum 10% increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements are subject to review
for compliance with City drainage
requirements.
Building Setbacks Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions;
however, non-conforming setbacks shall
not be worsened. Additional restrictions
may apply to 2nd floor improvements to
minimize impacts upon abutting
properties. a
Modified Non-Residential Building and Site Development Standards — Historic Sites
Project Area, Minimum (acres): N/A
Lot Area, Minimum (square feet): N/A
Lot Frontage, Minimum: N/A
Lot Depth, Minimum: N/A
Lot Coverage, Maximum 10% increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements are subject to review
for compliance with City drainage
requirements.
Building Setbacks, Minimum (feet): Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions;
however, non-conforming setbacks shall
not be worsened. Additional restrictions
may apply to 2nd floor improvements to
minimize impacts upon abutting
properties.
7. Administrative and Board Approval of Zoning Code Variances. Alterations to
Resources listed in the Boynton Beach Register of Historic Places and the National
Register of Historic Places may receive variances to zoning code regulations, if such
regulations would adversely impact or threaten the historic significance of the Resource,
or have the result of discouraging the designation and/or preservation of historic sites.
The responsibility for review and approval of an application for a variance in association
for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton
Beach Register of Historic Places and the National Register of Historic Places will rest
with staff, unless the corresponding Certificate of Appropriateness requires Historic
Resources Preservation Board (HRPB) action, in which case the HRPB will have review
and approval responsibility. Such requests for variance shall be made on a separate
application, approved by the Board. Said application fee and other applicable charges
shall be established by resolution adopted by the City Commission.
8. Sustainable Building Practices. The application of sustainable, energy efficient
and green building practices to improvements associated with historic properties is
encouraged whenever they are compatible with best historic preservation practices.
Whenever possible, equipment such as solar panels, wind generation devices,
mechanical equipment etc., should not be affixed to the building, but sited in the rear or
side yard locations and fully screened with landscaping, fence or wall. When placement
upon the building is unavoidable, such equipment as well as skylights, shall be located
on a non-character defining elevation or roof slope that is not visible from the street. In
no instance, shall the equipment be allowed to be placed upon any character defining
feature. Expedited review shall be afforded to those applicants who propose the
placement of such equipment on other than the building facades or roof.
B. Designation of Historic Properties and Districts.
1. Guidelines for Historic Designation. To qualify as a Property or a District,
individual properties must have significance in American history, architecture,
archeology, engineering or culture and possess integrity of location, design, setting,
materials, workmanship, feeling, and association. For Districts, eligibility is based on the
establishment of historic contexts or themes which describe the historical relationship of
the Properties within the district. Individual Buildings shall normally be at least 50 years
old and, in the case of a District at least 50% of the Buildings shall normally be at least
fifty years old. Buildings shall also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the broad
patterns of the City's history; or
b. Association with the lives of persons significant in the City's past; or
c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic values, or
represents a significant and distinguishable entity whose components may lack
individual distinction;
d. Has yielded, or may be likely to yield, information important in prehistory or
history; or
e. Is listed in the National Register of Historic Places.
2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical
figures, properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed historic
buildings, properties primarily commemorative in nature, and properties that have
achieved significance within the past 50 years shall not be considered eligible for the
Boynton Beach Register of Historic Places. However, such properties will qualify if they
are integral parts of districts that do meet the criteria or if they fall within the following
categories:
a. A religious property deriving primary significance from architectural or artistic
distinction or historical importance; or
b. A building or structure removed from its original location but which is primarily
significant for architectural value, or which is the surviving structure most importantly
associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is
no appropriate site or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of persons of
transcendent importance, from age, from distinctive design features, or from association
with historic events; or
e. A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master plan, and when no
other building or structure with the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of exceptional
importance.
3. Procedures. See Chapter 2, Article II, Section 6.
4. Removal of Designation. A designation may be removed by the City
Commission based upon the Board's recommendation. Such recommendation shall be
based upon new and compelling evidence and evaluation of work or natural cause
producing an adverse effect to a Property or District. The same guidelines and the same
procedures established for designation shall be considered for a removal of designation.
5. Designation of County, State or Other Political Subdivision Properties. County,
state or political subdivision entity-owned Properties may be designated as a Property
or District if such designation is not prohibited or preempted by law, or otherwise
provided for in the Intergovernmental Coordination Element of the Comprehensive
Plan. In the absence of prohibition, preemption, or other agreement, such other
government may only avoid designation of its Property by bearing the burden of proof
that public interests, on balance, are best served by avoiding such designation. Such
determination shall be established by the process as set forth in this ordinance. Once
designated, unless reversed upon appeal, such designated Property or District shall
comply with and be regulated by all regulations contained in this ordinance.
6. Maintenance and Repair of Designated Properties; Demolition by Neglect
Prohibited.
a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to
prevent the ordinary maintenance or repair of any exterior elements of any building or
structure that does not involve a change of design, appearance or material, and which
does not require a building permit.
b. Affirmative Maintenance Required. The owner of a property designated
pursuant to this chapter either individually or as part of a district or zone shall comply
with all applicable codes, laws and regulations governing the maintenance of property. It
is the intent of this section to preserve from deliberate or inadvertent neglect the exterior
features of such properties and the interior portions thereof when maintenance is
necessary to prevent deterioration and decay of the property. All such properties shall
be preserved against decay and deterioration and shall be free from structural defects
though prompt corrections of any of the following defects:
(1) Facades that fall and injure the subject property, adjoining property or
members of the public;
(2) Deteriorated or inadequate foundations, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports;
(3) Members of ceilings, roofs ceiling and roof supports or other structural
members that may rot, sag, split or buckle due to defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken, unsecured or missing windows or doors.
(5) Any fault or defect in the property that renders it structurally unsafe,
insufficiently protected from weathering, or not properly watertight.
7. Nominations to the National Register of Historic Places. As part of the duties
under the Certified Local Government program, the Historic Resources Preservation
Board shall receive all nominations of local property to the National Register of Historic
Places following the regulations of the State Historic Preservation Office.
a. Appropriate local officials, owners of record, and applicants shall be given a
minimum of thirty calendar days and not more than seventy-five calendar days prior
notice to Historic Resources Preservation Board meetings in which to comment on or
object to the listing of a property in the National Register.
b. Objections to being listed in the National Register by property owners must be
notarized and filed with the State Historic Preservation Officer. Within thirty (30) days
after its meeting the Board shall forward to the State Historic Preservation Officer its
action on the nomination and the recommendations of the local officials. Appropriate
local officials, the owner and the applicant shall be notified of the board's action.
c. The State Historic Preservation Officer will take further steps on the
nomination in accordance with federal and state regulations. If either the Board or the
local officials or both support the nomination, the State Historic Preservation Officer will
schedule the nomination for consideration by the state review board for the National
Register at its next regular meeting. If both the Board and the local officials recommend
that a property not be nominated to the National Register, the State Historic
Preservation Officer will take no further action on the nomination unless an appeal is
filed with the State Historic Preservation Officer.
8. Designated Historic Sites. The following Historic Sites have been established:
a. National Register.
(1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5,
6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof
recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida.
(Published 4/26/1979).
(2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of
Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994).
C. Certificate of Appropriateness. The Board or staff shall review actions affecting
the exterior of Properties and all Resources, including non-contributing Properties,
within Districts.
1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an
application, the Secretary of the Interior's Standards for Rehabilitation (as may be
amended from time to time) shall be applied. The current version is as follows:
a. A Property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the Building and its site an
environment.
b. The historic character of a Property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize a
Property shall be avoided.
c. Each Property shall be recognized as a physical record of its time, place, and
use. Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
d. Most Properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
e. Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
f. Deteriorated historic features shall be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
g. Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of Structures, if appropriate,
shall be undertaken using the gentlest means possible.
h. Significant archaeological resources affected by a project shall be protected
and preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
i. New additions, exterior Alterations, or related new construction shall not
destroy historic materials that characterize the Property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the Property and its environment.
j. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic Property and its environment would be unimpaired.
2. Additional Criteria. The above Standards for Rehabilitation shall be
supplemented by the following criteria specific to certain types of requests:
a. New Construction and Alterations. All new construction and Alterations to
existing buildings within a designated historic district or on an individually designated
property shall be visually compatible, and meet the following guidelines.
(I) Setting, Orientation and Setbacks. The Building should be situated
approximately the same distance from the street as adjacent Buildings, to create a
continuous street edge. The orientation of the Building should be visually compatible
with that of the buildings in the Historic District. The Setting should be designed with
the overall environment in mind. It should take into account the compatibility of
landscaping, parking, service areas, walkways, and accessory structures.
(2) Building Height. The height of the Building at street level should be visually
compatible in comparison or relation to the height of the existing contributing buildings
in the Historic District.
(3) Design Styles. New Buildings should take their design cues from the
prevailing architectural styles within the Historic District. Traditional or contemporary
design standards and elements should relate to the existing styles.
(4) Proportion of Openings. The openings of any building within a Historic
District should be visually compatible with the openings in existing contributing buildings
within the Historic District. The relationship of the width of windows and doors to the
height of windows and doors should be visually compatible with the existing contributing
buildings within the Historic District.
(5) Rhythm of Solids to Voids. The relationship between solids (walls) and
voids (windows and doors) of a Building should be visually compatible with the
Surrounding Buildings.
(6) Rhythm of Spacing along the Street. The relationship of Buildings to the
open space between them should be compatible with the other Buildings on each side
of the street in that block.
(7) Relationship of Materials and Textures. The materials and textures of a
Building should be chosen with the predominant materials of the Historic District in
mind. Simplicity in such use is preferable.
(8) Roof Shapes. The roof shape of a Building is a major distinguishing
feature. The roof shape of a Building should be compatible with the roof shape of
existing contributing buildings within the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass
and volume should be compatible with the existing contributing buildings within the
Historic District without overwhelming them.
b. Additions. All additions to historic structures or structures within a Historic
District shall meet the following guidelines.
(1) Locate an addition to the rear or least visible sides of historic structures.
Locating an addition on the front elevation should be avoided.
(2) Minimize the loss of historic materials from the historic structure and protect
character-defining features.
(3) Design the addition to be compatible in terms of massing, size, scale,
relationship of solids to voids, and architectural features. An addition should be
subordinate to the historic building.
(4) Differentiate the addition from the historic structure.
(5) If permitted, rooftop additions should generally be limited to one story in
height, should be set back from the wall plane and should be as inconspicuous as
possible.
(6) Continue the design elements on all elevations of the new construction, not
only those elevations that can be viewed from the street.
(7) Design and construct the addition so that, if removed in the future, the
essential form and integrity of the historic structure will be unimpaired.
(8) Limit the size and number of openings between the old and new building by
utilizing existing doors or by enlarging existing windows.
c. Demolition. All demolitions involving structures on historic sites, contributing
structures within a Historic District, as well asand structures identified as potentially
significant on properties listed on the Historic Site Survey shall comply with the
following:
(1) Simultaneous certificates required. No Building or Structure on a Property
or located within a District shall be demolished without first receiving a Certificate of
Appropriateness for new construction. The applications for demolition and new
construction shall be reviewed by the Board simultaneously. The requirement of a
Certificate of Appropriateness for new construction may be waived by the Board upon 1)
a good cause showing that such requirement would be unduly harsh or would result in a
substantial hardship to the Property owner; 2) upon preliminary review the property
would not meet the guidelines for designation per Chapter 4, Article IX, Section 6,-was
•- -- -- - - -••-• • - - - -- - • -- - - -:, or 3) the demolition does not
involve a contributing element or structure on the site.
A showing of good cause may include, but is not limited to, evidence that the
Property owner is unable to comply with the requirement for simultaneous new
construction due to advanced age, infirmity, physical or other debilitating handicap, or
financial hardship.
If an application for Certificate of Appropriateness for Demolition is approved,
the owner shall, at his/her expense, fully record the building prior to Demolition. At a
minimum, the owner shall provide an architectural description, floor plan with interior
and exterior dimensions, interior and exterior photographs, and any other information
requested by the Board. Said record shall be deposited in the local archives, where it
will be made available to the public.
Upon approval by the Board of a Certificate of Appropriateness for Demolition,
the demolition permit shall not be issued until all demolition and new construction plans
for the Property have received all other required governmental approvals.
The existence of one or more of the following conditions may be the basis for
denial of a demolition application:
(a) The Resource contributes significantly to the historic character of a
designated Property or District.
pg. 10
(b) The Resource is listed on the National Register.
(c) The Resource is one of the last remaining examples, or is an exceptional
representative of its kind in the neighborhood or City.
(d) The Resource is capable of being repaired and reused in a practical and
feasible manner.
(e) Retention of the Resource would promote the general welfare of the City
by providing an opportunity to study local history, architecture and design, or by
developing an understanding of the importance and value of a particular culture or
heritage.
(f) Granting a Certificate of Appropriateness for the Demolition would result in
an irreparable loss to the City of a significant Resource.
(g) The plans for the simultaneous new construction (if the Demolition is
granted) are not compatible with the Property or District.
(2) Demolition Delay Period. The Board may grant a Certificate of
Appropriateness for Demolition which may contain a delayed effective date. The
effective date will be determined by the Board based on the relative significance of the
Resource and the probable time required to arrange a possible alternative to
demolition. The Board may delay demolition for up to three (3) months. During the
demolition delay period, the Board may take such steps as it deems necessary to
preserve the Resource. Such steps may include, but are not limited to: consultations
with community groups, public agencies and interested citizens; recommendations for
acquisition of the Property by public or private bodies, or agencies; an exploration of the
possibility of moving the Resource.
(3) Salvage and Preservation of Specific Features. For designated sites, the
Board may require the Property owner to salvage and preserve specified classes of
building materials, architectural details, ornaments, fixtures and the like.
(4) Authority to Initiate Designation. If an undesignated property warrants it
and it is otherwise authorized under this ordinance, staff may initiate, or recommend
that the Board initiate, the designation application and review process. Staff may further
request that the Board require that the issuance of a demolition permit be stayed
pending the Board's review of the application and the City Commission's decision to
designate or deny designation of the property. However, the maximum period during
which the issuance of a demolition permit may be stayed pursuant to this paragraph is
one hundred twenty (120) days, unless extended by the City Commission. If for any
reason the designation process is not completed and the demolition application is
approved, the owner shall, at his/her expense, fully record the building prior to
Demolition and attempt to salvage and preserve specified classes of building materials,
architectural details, ornaments, fixtures and the like.
d. Relocation. The existence of one or more of the following conditions may be
the basis for denial of a relocation application:
(1) The historic character or aesthetic interest of the Resource contributes to its
present setting in such a manner that relocation would result in a substantial loss to the
setting or District.
(2) There are no definite plans for the area to be vacated.
(3) There are definite plans for the area to be vacated that may adversely affect
the character of the District.
(4) The Resource cannot be moved without significant damage to its physical
integrity.
(5) The proposed relocation area is not compatible with the historic, cultural,
and architectural character of the Resource.
(6) Little or no effort has been made to consider relocation within the same
District or within another District with compatible historic, aesthetic, cultural, or design
qualities with the relocated Resource.
e. Changes in Approved Work. Any change in the proposed work following the
issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed
change does not materially affect the historic character or the proposed change is in
accordance with the Board's decision, staff may administratively approve the change. If
the proposed change is not in accordance with the Board's decision, a new Certificate of
Appropriateness application for such change must be submitted for review.
D. Historic Preservation Property Tax Exemption Program.
1. General.
a. The granting of tax exemptions to owners who make improvements to Historic
Properties was authorized by an amendment to the Florida Constitution and codified in
Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption
program was established by Palm Beach County in 1995 (Ordinance 95-41), and may
be implemented in the City through an interlocal agreement with the County and a local
Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance
authorizes granting exemptions from increases to ad valorem taxes for qualified
improvements to qualifying properties.
b. Exemptions. Exemptions for Historic Properties are intended for the physical
improvements necessary to Restore or Rehabilitate the Historic Resource, which may
include additions, Alterations and new construction. The improvements must comply
with the Secretary of the Interior's Standards for Rehabilitation.
The City and County will process the application following mutually established
procedures through both the City and County Commissions. This program will provide
an exemption from tax increases on the improvements to the Property for up to a 10
year period. The exemption is conveyed through a covenant that accompanies the
deed of the Property and may be transferred to future owners during the abatement
period.
2. Tax Exemption for Historic Properties.
a. The City Commission hereby creates a tax exemption for the appropriate
restoration, renovation or rehabilitation of qualifying historic properties designated
herein. Qualifying property shall be exempt from that portion of ad valorem taxation
levied by the City on one hundred percent (100%) of the increase in assessed value
resulting from any appropriate renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
b. The above exemption does not apply to:
(1) Taxes levied for payment of bonds;
(2) Taxes authorized by a vote of the electors pursuant to section 9(b) or
section 12, Article VII, of the Florida Constitution; or
(3) Personal property.
3. Qualifying Properties and Improvements.
a. The following real property in the City is qualifying property for the purposes of
this subsection if at the time the exemption is approved by the City Commission, the
property:
(1) Is individually listed in the National Register of Historic Places pursuant to
the National Historic Preservation Act of 1966, as amended; or
(2) Is a contributing property to a national register-listed district; or
(3) Is designated as a historic property, or as a contributing property to a
historic district, under the terms of the City's historic preservation ordinance; and
(4) Has been certified by the Board as satisfying subparagraphs (I)(a), (I)(b), or
(I)(c) above.
The exemption does not apply to improvements made to non-contributing
principal buildings or non-contributing accessory structures.
b. For an improvement to a historic property to qualify the property for an
exemption, the improvement must:
(1) Be consistent with the United States Secretary of Interior's Standards for
Rehabilitation, as amended.
(2) Be determined by the Board to meet criteria established in rules adopted by
the Department of State, Division of Historical Resources, FAC 1A-38, as amended,
and
(3) Be consistent with any ordinance of the city designating the property as
historic or designating the historic district in which the property is located.
4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to
Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad
valorem taxation of up to one hundred percent (100%) of the assessed value of the
property as improved, a property is being used for government or nonprofit purposes if
the sole occupant of at least sixty-five percent (65%) of the useable space is an agency
of the federal, state or a local government unit or a nonprofit organization certified by
the Department of State under Chapter 617.013, Florida Statutes. As for being
"regularly and frequently open" for public access, the property shall be open to the
public not less than twelve (12) days per year on an equitably spaced basis, and at
other times by appointment. Nothing herein shall prohibit the owner from charging a
reasonable nondiscriminatory admission fee, comparable to fees charged at similar
facilities in the area.
5. Application for Exemption; Fees. An applicant desiring an ad valorem tax
exemption for proposed improvements to a historic property must file a request
accompanied by its corresponding fee and all documentation required by the application
checklist. The request shall be made on the two-part Historic Preservation Property Tax
Exemption Application, approved by the State of Florida, Division of Historical
Resources and promulgated in accordance with Rule 1A-38, Florida Administrative
Code, and include additional information and documentation of the cost of the qualifying
improvement. Part 1 of the application, the Preconstruction Application shall be
submitted before qualifying improvements are initiated and Part 2, the Final
Application/Request for Review of Completed Work, shall be submitted to the City for
review upon completion of the qualifying improvements. The Final Application/Request
for Review of completed Work shall contain the Historic Preservation Exemption
Covenant as established by the Department of State, Division of Historical Resources
and applicable for the term for which the exemption is granted.
6. Preconstruction Application. The review process shall be initiated with the
submittal of a Preconstruction Application to the City. The Preconstruction Application
shall contain a copy of the application for Certificate of Appropriateness, information on
project cost, and a copy of the most recent tax bill for the subject property from the Palm
Beach County Property Appraiser. Upon the receipt of the Preconstruction Application
by the City, the City shall conduct a review for eligibility in accordance with the
requirements stated herein.
7. Review of Preconstruction Application. A review of the Preconstruction
Application shall be completed by the City in accordance with the established schedule
and process.
a. Once the City determines that the work as proposed is a qualifying
improvement and is in compliance with the review standards contained herein, the City
shall approve the Preconstruction Application and issue a written notice to the applicant
with a copy to the Board.
b. If the City determines that the work as proposed is not a qualifying
improvement or is not in compliance with the review standards contained herein, a
written notice shall be provided to the applicant, including recommendations concerning
the changes to the proposed work necessary to make it a qualifying improvement and
bring it into compliance with the review standards.
8. Appeals to the Historic Resources Preservation Board.
pg. 14
a. Within ten (10) days of receipt of notice that the City has denied a
Preconstruction Application, the applicant may file a written notice of appeal of the
denial to the Board. The appeal shall be processed in accordance with the public
meeting and notification procedures required of the City's quasi-judicial hearing process,
except that public notices need only be mailed to owners of abutting or adjacent
property as determined by the Historic Preservation Planner.
b. If the Board denies the appeal, the applicant may appeal the action of the
Board to the City Commission.
9. Issuance of Other Permits or Approval. If all or part of the proposed
improvements require a building permit or other necessary approval of the City or any
other governmental agency, the improvements shall also be reviewed pursuant to any
other applicable code provisions of the City and require such corresponding approval. A
Preconstruction Application shall not be approved by the City and issued until such
permit or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until the Final
Application has been approved by the City Commission and all appeal proceedings
have been completed.
10. Completion of Work. An applicant must complete all work within two (2) years
following the date of approval of a Part 1 , Preconstruction Application by staff. A
Preconstruction Application shall be automatically revoked if the property owner has not
submitted a Final Application/Request for Review of Completed Work within two (2)
years following the date of approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for
completion of a substantial improvement in accordance with the procedures of the City's
Building Code.
11 . Final Application and Request for Review of Completed Work.
a. The Final Application/Request for Review of Completed Work shall be
accompanied by documentation of the total cost of the qualifying
improvements. Appropriate documentation may include, but is not limited to paid
contractor's bills, cancelled checks, and an approved building permit application listing
the cost of work to be performed. Upon the receipt of a Final Application/Request for
Review of Completed Work and all required supporting documents, the City shall
inspect the completed improvements to ensure compliance with the Preconstruction
Application, Certificate of Appropriateness, and any approved amendments.
b. If the City determines that the work is a qualifying improvement and is in
compliance with the review standards contained herein, the Final Application/Request
for Review of Completed Work shall be approved and forwarded to the Board for
review, and written notice shall be provided to the applicant.
c. If the City determines that the work as completed is not in compliance with the
Preconstruction Application or the established timeframe as described in this section,
the applicant shall be given written explanation for such findings, including
recommendations concerning the changes to the proposed work necessary to make it a
qualifying improvement and bring it into compliance with the review standards. The
application will be forwarded to the Board for review once the applicant makes the
adequate changes necessary for compliance, or upon receiving notice from the
applicant that no further changes will be made to the project.
12. Recommendations to Historic Resources Preservation Board and City
Commission. On completion of the review of a Final Application/Request for Review of
Completed Work, the City shall present such Final Application in a regularly scheduled
meeting of the Board and recommend that such Board grant or deny the
exemption. The recommendation and explanation shall be provided in writing to the
applicant and Board for consideration at a public meeting. The application, along with a
recommendation of approval or denial shall subsequently be forwarded by the Board to
the City Commission for final consideration.
13. Approval by the City Commission. Upon approval of a Final
Application/Request for Review of Completed Work by the Board, the Final Application
shall be placed by resolution on the agenda of the City Commission for approval. The
resolution to approve the Final Application shall indicate the property owner, property
address and legal description, time period that exemption will remain in effect and
expiration date, and shall require the owner to record the restrictive covenant in the
Official Record Book of Palm Beach County. The applicant shall provide the City with
two (2) certified copies of the recorded covenant.
14. Notice of Approval to the Property Appraiser. The City shall transmit the
following certified copies to the Palm Beach County Property Appraiser: 1) recorded
restrictive covenant; 2) approved Final Application/Request for Review of Completed
Work; and the resolution of the City Commission approving the Final Application and
authorizing the tax exemption.
15. Effective Date and Duration of Tax Exemption. When the City Commission
approves a historic preservation tax exemption, the covenant shall be in effect for ten
(10) years; however, the City Commission has the discretion to approve a shorter time
frame if petitioned by the property owner. The effective date of the exemption shall be
January 1 of the following year from when the covenant and resolution are recorded
with the Palm Beach County Clerk of the Court.
16. Property Maintenance, Penalty, and Revocation. The character of the property
and qualifying improvements are to be maintained during the period that the exemption
is granted. Such covenant shall be binding on the current property owner, transferees,
and their heirs, assigns and successors. A violation of the covenant shall result in the
revocation of the granted tax exemption, and the property owner being subject to the
payment of taxes that would have been owed had the exemption not been initially
granted (see subparagraph (2) below). The revocation process shall occur as follows:
a. Revocation Proceedings.
(1) Staff or the Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant, or subsequent owner or
pg. 16
successors in interest to the property, fails to maintain the property according to the
terms and conditions of the covenant;
(2) The Board shall provide notice to the current owner of record of the
property and hold a revocation public hearing, and make a recommendation to the City
Commission;
(3) The City Commission shall review the recommendation of the Board and
make a determination as to whether the tax exemption shall be revoked. Should the
City Commission determine that the tax exemption shall be revoked, a written resolution
revoking the exemption and notice of penalties as provided herein shall be provided to
the owner, the Palm Beach County Property Appraiser and filed in the official records of
Palm Beach County;
(4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach
County Property Appraiser shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of revocation; and
b. Notice of Penalties. The resolution revoking the tax exemption shall include a
statement that a penalty equal to the total amount of taxes that would have been due in
March of each of the previous years in which the tax exemption and covenant were in
effect had the property not received the exemption, less the amount of taxes actually
paid in those years, plus interest on the difference calculated as provided in Section
212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for
violation of the terms, conditions and standards of the Historic Preservation Exemption
Covenant.
17. Annual Report. The City shall prepare an annual report to the City Commission
regarding the tax exemption proposed in this article. The report shall be filed in January
of each calendar year, and shall summarize the activities of the City and Board related
to this article during the previous calendar year. The information shall include, but not
be limited to, a list of the properties for which a Part 1, Preconstruction Application, and
Part 2, Final Application/Request for Review of Completed Work were made during the
preceding year; an explanation of the disposition of each application; the expenditures
on each approved qualifying improvement during the calendar year; the total number of
properties currently participating in the program provided within this article; and any
other information requested by the City Commission.
E. Standards for Archeological Work; Discovery of Archeological Site.
1. The Historic Preservation Planner shall be responsible for identifying, protecting,
managing and promoting all cultural resources (historic and prehistoric sites and
districts) within the municipal bounds.
2. Archaeological Work. Archeological surveys, assessments, excavations, and
other work required by this ordinance shall be conducted by a qualified, professional
archeologist and be consistent with the guidelines for such work promulgated by Palm
Beach County that are consistent with accepted professional standards and regulations
developed by the Florida Department of State Division of Historical Resources and the
United States Department of the Interior, or their successor agencies.
pg. 17
3. Site Discovered During the Development Process. In the event that
archaeological materials are discovered by ground disturbing activities on any property
within the City, such activities in the immediate vicinity of the archaeological site shall be
discontinued immediately and the Planning & Zoning Department notified. The site shall
be inspected and may be required to be assessed by a qualified professional
archaeologist at the expense of the property owner.
4. Unmarked Human Graves. If a discovery is made of an unmarked human grave
or graves, then the procedures for notifying the State Archaeologist and County Medical
Examiner shall be followed, consistent with state law.
pg. 18
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION MEMORANDUM
STAFF REPORT
TO: Chair and Members
Planning and Development Board
FROM: Michael Rumpf
Planning and Zoning Administrator
DATE: April 19, 2022
REQUEST: Approve amendments to the Land Development Regulations,
Chapter 3, Article III. Zoning Districts and Overlay Zones; Chapter
3, Article IV, Section 5. Nonconforming Uses; and Chapter 4,
Article IX, Section 6. Historic Preservation Requirements to
promote, incentivize and facilidate the preservation of historically-
designated properties in the City.
BACKGROUND and PROPOSED AMENDMENTS
The subject amendments are being proposed to promote the City's Historic
Preservation Program. The proposed amendments pertain to proposed property
improvements, non-conforming characteristics of historic properties, and potential
internal conflict between initiatives within redevelopment plans and preservation
objectives. The proposed amendments are being proposed by the City's Historic
Resources Preservation Board (NRPB) in response to, in part, the magnitude of
previous demolitions of historic houses, recent inquiries regarding desired modifications
to historic structures, and the possible conflict between redevelopment plan design
standards and preservation initiatives.
The proposed amendments can be viewed in their entirety in the corresponding exhibits
and are briefly described as follows:
1) Exemptions from or reductions in Zoning Standards — The intended standards
have been placed in a "Modified Building Standards" table within the
Preservation chapter, to match the existing format of the Zoning Regulations.
Many of the historic homes in the City are relatively small, and located on
proportionally small lots with minimum space to expand. Further, many of the
older homes are now non-conforming to current day lot standards such as
setbacks and maximum lot coverage. Although the original preservation program
was written with a provision that supports zoning variances if needed, the
proposed amendments would eliminate the uncertainty, cost and time associated
with the variance process, as well as the challenge of proving hardship by both
Page 2
Amendments to LDRs Promoting Historic Preservation
the applicant and staff.
The exemptions would only apply to properties that are listed on the Local
Registry of Historic Sites, and are proposed to be established as "Modified
Development Standards" within the Historic Preservation Requirements section
of the LDR, consistent with the current structure of the Zoning Regulations. The
exemptions or reduced standards would apply to minimum lot size, minimum
frontage, minimum living area, minimum setbacks, and maximum lot coverage.
Appropriate cross-references will be added to the corresponding Building and
Site Regulation tables in the Zoning Regulations.
2) Addressing conflict with redevelopment plan initiatives — The design standards
written for the mixed-use districts that implement the Community Redevelopment
Plan require an assembly of an entire block frontage to provide continuity in the
ultimate streetscape and "street wall". The subject amendments would allow for
an exception when interrupted by a designated historic site. The proposed
amendment is intended to prevent blockage of the redevelopment project or
pressure being applied to encourage the sale of the historic site, and includes
design requirements to maximize compatibility with the historic site and continuity
of the streetscape. The whole-block assembly requirement applies to the MU-2,
MU-3, MU-4 and MU Core districts. It does not apply to MU-1.
3) Exceptions for non-conforminq uses — There exists within the City historic duplex
and multi-family residential buildings that are located within single-family or
commercial zoning districts, and therefore, may be construed as "non-conforming
uses" by Zoning Regulations. The proposed amendment would exempt
designated sites from the Nonconforming Use regulations of the Code.
Otherwise, such regulations could place a limit on the value of annual
maintenance improvements needed on the property, or prevent any expansions
or improvements to the historic site.
4) Review of demolition requests — The current preservation program requires
specific and rather significant actions to be taken by property owners, staff and
the HRPB in response to applications to demolish historically-designated
properties. Such actions are intended to review the potential loss of historic sites
for proper justifications, to review what is planned to replace the historic
structure, to possibly require salvaging of specific historic features, and, at
minimum, to create a record of the historic asset. Processes include the formal
petition to remove the property from the local register, and the filing of an
Application for Certificate of Appropriateness (COA) to review the construction
planned for the subject property. If approved, this process also requires that the
property owner fully record the building prior to demolition, with an architectural
description, floor plan with interior and exterior dimensions, interior and exterior
photographs, and any other information requested by the Board.
The proposed amendments would require this protocol to also be followed if the
Page 3
Amendments to LDRs Promoting Historic Preservation
demolition would involve a property identified on a list of priority preservation
properties. This list would be established by the Board, and essentially include
approximately 10 properties most worthy of preservation as documented in the
City's 1996 Historic Site Survey and recommended as being eligible for local
designation. The selection process would involve a visual survey of current
condition of the properties, including updating the list by identifying, and
excluding, those properties that no longer exist. The Board would also include
this list for frequent communications to educate property owners about the
preservation program, including the financial benefits, and importance of property
maintenance. The benefits of this priority property list also supports other
preservation program initiatives such as public outreach, inventory updating and
for historic district consideration.
Lastly, included in the proposed amendments to this section of the LDRs is the
addition of criteria intended to facilitate the quick review of the property targeted
for demolition for exemption from the COA process if not warranted when
reviewed against the designation criteria, including current physical (i.e.
deteriorated or altered) condition. This is intended to save the property owner
time and expense when such evaluation and processes are not warranted by the
intent of the Historic Preservation Program.
BACKGROUND and PROPOSED AMENDMENTS
Staff supports the proposed amendments to promote implementation of the City's
Historic Preservation Program. In addition to the justifications stated herein, it should
also be noted that some of the amendments are needed immediately to address
current matters involving home expansion plans, anticipated demolition applications,
and non-conforming historic properties.
Also, the proposed amendments may be the first group of amendments to be
proposed by the HRPB, and could be followed by a second group that could involve
the promotion of accessory dwelling unit provisions, and provisions to allow adaptive
reuse of designated properties along selected roadway corridors.
Attachments
3
HISTORIC PRESERVATION - EXCERPTS FROM LDR
Ch.4,Art.IX,Sec.6. Historic Preservation Requirements.
A. General.
1. Purpose and Intent.These provisions are designed to identify,protect, restore
and encourage the reuse of Resources,all of which are essential to the City's health,
safety,morals and its economical,educational,cultural,and general welfare.These
valid public purposes shall be fulfilled by the ordinance,to achieve the following goals:
a. Preserve, protect,enhance and perpetuate Resources which represent
distinctive and significant elements of the City's historical cultural,social,economical,
political,archaeological,and architectural identity;and/or serve as visible reminders of
the City's culture and heritage;
b. Ensure the harmonious,orderly,and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
c. Strengthen civic pride and cultural stability through neighborhood
conservation;
d. Contribute to the stabilization of the economy of the city through the continued
use,preservation,conservation and revitalization of its Resources;.
e. Protect and enhance the city's historic,cultural and architectural attractions to
tourists and visitors and the support and stimulus to business and industry thereby
provided;
f. Promote the use of Resources for the education,pleasure,and welfare of the
people of the City;
g. Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions with in the
city's historic districts and neighborhoods;
h. Protect and enhance the scale,character and stability of existing
neighborhoods,and protect against destruction of or encroachment upon areas which
contribute to the character of the City;
i. Facilitate the creation of a convenient,harmonious and attractive community,
and protect the architectural beauty,special architectural features,and special
landscape features of the City;
j. Avoid demolition,or other adverse effect on historic properties(Properties)and
Districts,which would cause an irreparable loss to the City;
k. Assist neighborhoods to achieve a positive neighborhood identity and sense of
place.
In addition,these provisions are designed to implement,be consistent with,and
assist in the achievement of the goals,objectives and policies,as specifically required
by the City's Comprehensive Plan,with respect to historic,conservation,and
neighborhood Resources.
2. Terms and Definitions. See Chapter 1,Article II for all applicable terms and
definitions which pertain to the historic preservation regulations and standards
contained herein.
3. Certified Local Government Review. The City Commission is a Certified Local
Government(CLG)approved by the Florida Department of State, Division of Historical
Resources. The City Commission as a CLG is required to participate in the Florida
National Register of Historic Places nomination process,be involved in the Section 106
process,and is eligible to receive grants from the Certified Local Government Section of
the Florida Department of State, Historical Resources Grants-In-Aid program.
4. Unsafe Buildings and Structures. Should the Building Official determine that a
Historic Property(either designated or.: : .: . :• : --- ::-.e - ':•on
[Formatted:Strikethrough
the list of"potentially significant'sites)or a Property within a Historic District is unsafe,
the Planning and Zoning staff and Historic Resources Preservation Board shall be
notified of such findings.Within applicable laws and regulation,the Building Official shall
endeavor to have the Resource repaired rather than demolished and shall take into
account any comments and recommendation by the Board.The Board may take
appropriate actions to Effect and accomplish the preservation of the Resource,
including,but not limited to,negotiations with the owner and other Interested Parties,
provided that such actions do not interfere with the Florida Building Codes.
In the case where the Building Official determines that there are emergency
conditions dangerous to the life,health or property on a designated or inventoried
sit or a-Property within a Historic Districts and timely
Demolition is the only course of action,the Building Official may order the Demolition
and notify the Planning and Zoning Division of the impending action. In this instance,a
Certificate of Appropriateness will not be required and the Historic Resources
Preservation Board will promptly be notified of the action being taken.
5. Waiver of Technical Requirements. The provisions of the technical codes
relating to the construction,alteration, repair, enlargement, restoration or moving of
Buildings may not be mandatory for those Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic Places,when evaluated
by a Florida registered architect or engineer and demonstrated to the Building Official to
be safe and in the public interest of health,safety and welfare.
Resources or portions thereof that do not strictly comply with the Florida Building
Code may be considered to be in compliance,if it can be shown to the satisfaction of
the Building Official that equivalent protection has been provided or that no hazard will
be created or continued through noncompliance.(Life safety and property conservation
shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007
Florida Building Code,or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of Historic Places and
the National Register of Historic Places may receive exemption from accessibility
requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building
Code,or as subsequently amended,the Building Official may determine that
compliance for accessible routes(exterior and interior), ramps,entrances,or toilets
would threaten or destroy the historic significance of the Building, in which case the
alternative requirements in Chapter 11, Section 11-4.1.7(3)may be utilized).
6. Modified Development Standards for Registered Historic Structures. Locally
registered historic structures may use the development standards within this section.
These provisions apply to single-family,two-family,or multi-family structures within
single-family zoning districts, and residential or commercial uses within non-residential
zoning districts, including improvements to said structures and properties that are
approved through the Certificate of Appropriateness process. Proposed improvements
to said structures and properties shall be reviewed according to the following
requirements:
Modified Residential Building and Site Development Standards- • [Formatted Table
Historic Sites
Lot Area per unit, Minimum(square feet): N/A
Lot Frontage, Minimum(feet): N/A
Living Area, Minimum A/C(square feet): N/A
Lot Coverage, Maximum 10%increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements
are stetl-subject to review for compliance
with City drainage requirements.
Building Setbacks Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions;
however,non-conforming setbacks shall
not be worsened.Additional restrictions
may apply to 22d floor improvements to___ --{Formatted:Font color:Auto,Superscript
minimize impacts upon abutting
properties.a a"d __ - Formatted:Superscript
-
setbacks-.
Modified Non-Residential Building and Site Development • Formatted Table
Standards—Historic Sites
Project Area, Minimum(acres): N/A
Lot Area, Minimum(square feet): I N/A
Lot Frontage, Minimum: N/A
Lot Depth, Minimum: N/A
Lot Coverage, Maximum 10%increase over the maximum allowed
within the zoning district.
Note: If applicable per City procedures,
site improvements
are-still subject to review for compliance
with City drainage requirements.
Building Setbacks, Minimum (feet): Existing non-conforming setbacks shall
not preclude attached or detached
building additions or expansions,
however, non-conforming setbacks shall
not be worsened.Additional restrictions
may apply to 2rd floor additions
improvements to minimize impacts upon
abutting properties.that-exof
°
67. Administrative and Board Approval of Zoning Code Variances.Alterations to
Resources listed in the Boynton Beach Register of Historic Places and the National
Register of Historic Places may receive variances to zoning code regulations, if such
regulations would adversely impact or threaten the historic significance of the Resource,
or have the result of discouraging the designation and/or preservation of historic sites.
The responsibility for review and approval of an application for a variance in association
for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton
Beach Register of Historic Places and the National Register of Historic Places will rest
with staff,unless the corresponding Certificate of Appropriateness requires Historic
Resources Preservation Board(HRPB)action, in which case the HRPB will have review
and approval responsibility. Such requests for variance shall be made on a separate
application,approved by the Board.Said application fee and other applicable charges
shall be established by resolution adopted by the City Commission.
7-8. Sustainable Building Practices.The application of sustainable,energy efficient
and green building practices to improvements associated with historic properties is
encouraged whenever they are compatible with best historic preservation practices.
Whenever possible,equipment such as solar panels,wind generation devices,
mechanical equipment etc.,should not be affixed to the building, but sited in the rear or
side yard locations and fully screened with landscaping,fence or wall.When placement
upon the building is unavoidable,such equipment as well as skylights,shall be located
on a non-character defining elevation or roof slope that is not visible from the street. In
no instance,shall the equipment be allowed to be placed upon any character defining
feature.Expedited review shall be afforded to those applicants who propose the
placement of such equipment on other than the building facades or roof.
B. Designation of Historic Properties and Districts.
pg.4
1. Guidelines for Historic Designation. To qualify as a Property or a District,
individual properties must have significance in American history,architecture,
archeology,engineering or culture and possess integrity of location,design,setting,
materials,workmanship,feeling,and association.For Districts,eligibility is based on the
establishment of historic contexts or themes which describe the historical relationship of
the Properties within the district. Individual Buildings shall normally be at least 50 years
old and,in the case of a District at least 50%of the Buildings shall normally be at least
fifty years old. Buildings shall also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the broad
patterns of the City's history;or
b. Association with the lives of persons significant in the City's past;or
c. Embodies the distinctive characteristics of a type, period or method of
construction,or represents the work of a master,or possesses high artistic values,or
represents a significant and distinguishable entity whose components may lack
individual distinction;
d. Has yielded,or may be likely to yield, information important in prehistory or
history;or
e. Is listed in the National Register of Historic Places.
2. Criteria Considerations.Ordinarily cemeteries,birthplaces,graves of historical
figures,properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed historic
buildings,properties primarily commemorative in nature,and properties that have
achieved significance within the past 50 years shall not be considered eligible for the
Boynton Beach Register of Historic Places.However,such properties will qualify if they
are integral parts of districts that do meet the criteria or if they fall within the following
categories:
a. A religious property deriving primary significance from architectural or artistic
distinction or historical importance;or
b. A building or structure removed from its original location but which is primarily
significant for architectural value,or which is the surviving structure most importantly
associated with a historic person or event;or
c. A birthplace or grave of a historical figure of outstanding importance if there is
no appropriate site or building associated with his or her productive life;or
d. A cemetery that derives its primary importance from graves of persons of
transcendent importance,from age,from distinctive design features,or from association
with historic events;or
e. A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master plan,and when no
other building or structure with the same association has survived;or
PR
f. A property primarily commemorative in intent if design,age,tradition,or
symbolic value has invested it with its own exceptional significance;or
g. A property achieving significance within the past 50 years if it is of exceptional
importance.
3. Procedures. See Chapter 2,Article II,Section 6.
4. Removal of Designation. A designation may be removed by the City
Commission based upon the Board's recommendation. Such recommendation shall be
based upon new and compelling evidence and evaluation of work or natural cause
producing an adverse effect to a Property or District.The same guidelines and the same
procedures established for designation shall be considered for a removal of designation.
5. Designation of County,State or Other Political Subdivision Properties. County,
state or political subdivision entity-owned Properties may be designated as a Property
or District if such designation is not prohibited or preempted by law,or otherwise
provided for in the Intergovernmental Coordination Element of the Comprehensive
Plan. In the absence of prohibition,preemption,or other agreement,such other
government may only avoid designation of its Property by bearing the burden of proof
that public interests,on balance,are best served by avoiding such designation. Such
determination shall be established by the process as set forth in this ordinance. Once
designated, unless reversed upon appeal,such designated Property or District shall
comply with and be regulated by all regulations contained in this ordinance.
6. Maintenance and Repair of Designated Properties; Demolition by Neglect
Prohibited.
a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to
prevent the ordinary maintenance or repair of any exterior elements of any building or
structure that does not involve a change of design,appearance or material,and which
does not require a building permit.
b. Affirmative Maintenance Required. The owner of a property designated
pursuant to this chapter either individually or as part of a district or zone shall comply
with all applicable codes, laws and regulations governing the maintenance of property. It
is the intent of this section to preserve from deliberate or inadvertent neglect the exterior
features of such properties and the interior portions thereof when maintenance is
necessary to prevent deterioration and decay of the property.All such properties shall
be preserved against decay and deterioration and shall be free from structural defects
though prompt corrections of any of the following defects:
(1) Facades that fall and injure the subject property,adjoining property or
members of the public;
(2) Deteriorated or inadequate foundations,defective or deteriorated flooring or
floor supports,deteriorated walls or other vertical structural supports;
(3) Members of ceilings,roofs ceiling and roof supports or other structural
members that may rot,sag,split or buckle due to defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls,roofs,foundations
or floors,including broken, unsecured or missing windows or doors.
(5) Any fault or defect in the property that renders it structurally unsafe,
insufficiently protected from weathering,or not properly watertight.
7. Nominations to the National Register of Historic Places.As part of the duties
under the Certified Local Government program,the Historic Resources Preservation
Board shall receive all nominations of local property to the National Register of Historic
Places following the regulations of the State Historic Preservation Office.
a. Appropriate local officials,owners of record,and applicants shall be given a
minimum of thirty calendar days and not more than seventy-five calendar days prior
notice to Historic Resources Preservation Board meetings in which to comment on or
object to the listing of a property in the National Register.
b. Objections to being listed in the National Register by property owners must be
notarized and filed with the State Historic Preservation Officer. Within thirty(30)days
after its meeting the Board shall forward to the State Historic Preservation Officer its
action on the nomination and the recommendations of the local officials.Appropriate
local officials,the owner and the applicant shall be notified of the board's action.
c. The State Historic Preservation Officer will take further steps on the
nomination in accordance with federal and state regulations. If either the Board or the
local officials or both support the nomination,the State Historic Preservation Officer will
schedule the nomination for consideration by the state review board for the National
Register at its next regular meeting. If both the Board and the local officials recommend
that a property not be nominated to the National Register,the State Historic
Preservation Officer will take no further action on the nomination unless an appeal is
filed with the State Historic Preservation Officer.
8. Designated Historic Sites. The following Historic Sites have been established:
a. National Register.
(1) Boynton Woman's Club, 1010 South Federal Highway,located on Lots 4, 5,
6,and 7 less the West 35 feet thereof, Parker Estate,according to the plat thereof
recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida.
(Published 4/26/1979).
(2) Boynton School, 141 East Ocean Avenue, located on Lot 3,Block 4 of
Sawyer's Addition, City of Boynton Beach,Florida.(Published 3/7/1994).
C. Certificate of Appropriateness. The Board or staff shall review actions affecting
the exterior of Properties and all Resources, including non-contributing Properties,
within Districts.
1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an
application,the Secretary of the Interior's Standards for Rehabilitation(as may be
amended from time to time)shall be applied.The current version is as follows:
pQ.
a. A Property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the Building and its site an
environment.
b. The historic character of a Property shall be retained and preserved.The
removal of historic materials or alteration of features and spaces that characterize a
Property shall be avoided.
c. Each Property shall be recognized as a physical record of its time,place, and
use.Changes that create a false sense of historical development,such as adding
conjectural features or architectural elements from other buildings,shall not be
undertaken.
d. Most Properties change over time;those changes that have acquired historic
significance in their own right shall be retained and preserved.
e. Distinctive features,finishes,and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
f. Deteriorated historic features shall be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature,the new
feature shall match the old in design,color,texture,and other visual qualities and,
where possible,materials. Replacement of missing features shall be substantiated by
documentary,physical,or pictorial evidence.
g. Chemical or physical treatments,such as sandblasting,that cause damage to
historic materials shall not be used.The surface cleaning of Structures,if appropriate,
shall be undertaken using the gentlest means possible.
h. Significant archaeological resources affected by a project shall be protected
and preserved. If such resources must be disturbed,mitigation measures shall be
undertaken.
i. New additions,exterior Alterations,or related new construction shall not
destroy historic materials that characterize the Property. The new work shall be
differentiated from the old and shall be compatible with the massing,size,scale,and
architectural features to protect the historic integrity of the Property and its environment.
j. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future,the essential form and integrity of the
historic Property and its environment would be unimpaired.
2. Additional Criteria. The above Standards for Rehabilitation shall be
supplemented by the following criteria specific to certain types of requests:
a. New Construction and Alterations.All new construction and Alterations to
existing buildings within a designated historic district or on an individually designated
property shall be visually compatible,and meet the following guidelines.
(I) Setting,Orientation and Setbacks. The Building should be situated
approximately the same distance from the street as adjacent Buildings,to create a
continuous street edge. The orientation of the Building should be visually compatible
pR.p,
with that of the buildings in the Historic District. The Setting should be designed with
the overall environment in mind. It should take into account the compatibility of
landscaping, parking,service areas,walkways,and accessory structures.
(2) Building Height. The height of the Building at street level should be visually
compatible in comparison or relation to the height of the existing contributing buildings
in the Historic District.
(3) Design Styles. New Buildings should take their design cues from the
prevailing architectural styles within the Historic District. Traditional or contemporary
design standards and elements should relate to the existing styles.
(4) Proportion of Openings. The openings of any building within a Historic
District should be visually compatible with the openings in existing contributing buildings
within the Historic District. The relationship of the width of windows and doors to the
height of windows and doors should be visually compatible with the existing contributing
buildings within the Historic District.
(5) Rhythm of Solids to Voids. The relationship between solids(walls)and
voids(windows and doors)of a Building should be visually compatible with the
Surrounding Buildings.
(6) Rhythm of Spacing along the Street. The relationship of Buildings to the
open space between them should be compatible with the other Buildings on each side
of the street in that block.
(7) Relationship of Materials and Textures. The materials and textures of a
Building should be chosen with the predominant materials of the Historic District in
mind. Simplicity in such use is preferable.
(8) Roof Shapes. The roof shape of a Building is a major distinguishing
feature. The roof shape of a Building should be compatible with the roof shape of
existing contributing buildings within the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(9) Size,Scale,Bulk,Mass and Volume. The physical size,scale, bulk, mass
and volume should be compatible with the existing contributing buildings within the
Historic District without overwhelming them.
b. Additions. All additions to historic structures or structures within a Historic
District shall meet the following guidelines.
(1) Locate an addition to the rear or least visible sides of historic structures.
Locating an addition on the front elevation should be avoided.
(2) Minimize the loss of historic materials from the historic structure and protect
character-defining features.
(3) Design the addition to be compatible in terms of massing,size,scale,
relationship of solids to voids,and architectural features. An addition should be
subordinate to the historic building.
PR.`'
(4) Differentiate the addition from the historic structure.
(5) If permitted, rooftop additions should generally be limited to one story in
height, should be set back from the wall plane and should be as inconspicuous as
possible.
(6) Continue the design elements on all elevations of the new construction, not
only those elevations that can be viewed from the street.
(7) Design and construct the addition so that, if removed in the future,the
essential form and integrity of the historic structure will be unimpaired.
(8) Limit the size and number of openings between the old and new building by
utilizing existing doors or by enlarging existing windows.
c. Demolition. All demolitions involving structures on historic sites,e#-ktistoris
contributing structures within a Historic DistricLas-well-asand structures identified as Formatted:Strikethrough
potentially significant •- - - - -.• - shall comply with Formatted:Strikethrough
the following:
(1) Simultaneous certificates required. No Building or Structure on a Property
or located within a District shall be demolished without first receiving a Certificate of
Appropriateness for new construction. The applications for demolition and new
construction shall be reviewed by the Board simultaneously. The requirement of a
Certificate of Appropriateness for new construction may be waived by the Board upon 1)
a good cause showing that such requirement would be unduly harsh or would result in a
substantial hardship to the Property owner;2)upon preliminary review the property
would not meet the guidelines for designation per Chapter 4,Article IX, Section 6,-was (Formatted:Strikethrough
• --• .. - ••••• -. . -• . . . - ,or 3)the demolition does not
involve a contributing element or structure on the site.
A showing of good cause may include, but is not limited to, evidence that the
Property owner is unable to comply with the requirement for simultaneous new
construction due to advanced age, infirmity, physical or other debilitating handicap, or
financial hardship.
If an application for Certificate of Appropriateness for Demolition is approved,
the owner shall,at his/her expense,fully record the building prior to Demolition.At a
minimum,the owner shall provide an architectural description,floor plan with interior
and exterior dimensions, interior and exterior photographs,and any other information
requested by the Board. Said record shall be deposited in the local archives,where it
will be made available to the public.
Upon approval by the Board of a Certificate of Appropriateness for Demolition,
the demolition permit shall not be issued until all demolition and new construction plans
for the Property have received all other required governmental approvals.
The existence of one or more of the following conditions may be the basis for
denial of a demolition application:
(a) The Resource contributes significantly to the historic character of a
designated Property or District.
(b) The Resource is listed on the National Register.
(c) The Resource is one of the last remaining examples, or is an exceptional
representative of its kind in the neighborhood or City.
(d) The Resource is capable of being repaired and reused in a practical and
feasible manner.
(e) Retention of the Resource would promote the general welfare of the City
by providing an opportunity to study local history,architecture and design,or by
developing an understanding of the importance and value of a particular culture or
heritage.
(f) Granting a Certificate of Appropriateness for the Demolition would result in
an irreparable loss to the City of a significant Resource.
(g) The plans for the simultaneous new construction(if the Demolition is
granted)are not compatible with the Property or District.
(2) Demolition Delay Period. The Board may grant a Certificate of
Appropriateness for Demolition which may contain a delayed effective date. The
effective date will be determined by the Board based on the relative significance of the
Resource and the probable time required to arrange a possible alternative to
demolition. The Board may delay demolition for up to three(3)months. During the
demolition delay period,the Board may take such steps as it deems necessary to
preserve the Resource. Such steps may include, but are not limited to:consultations
with community groups, public agencies and interested citizens; recommendations for
acquisition of the Property by public or private bodies,or agencies; an exploration of the
possibility of moving the Resource.
(3) Salvage and Preservation of Specific Features. For designated sites, Tthe
Board may require the Property owner to salvage and preserve specified classes of
building materials, architectural details,ornaments,fixtures and the like.
(4) Authority to Initiate Designation. If an undesignated property warrants it
and it is otherwise authorized under this ordinance,staff may initiate, or recommend
that the Board initiate,the designation application and review process. Staff may further
request that the Board require that the issuance of a demolition permit be stayed
pending the Board's review of the application and the City Commission's decision to
designate or deny designation of the property. However, the maximum period during
which the issuance of a demolition permit may be stayed pursuant to this paragraph is
one hundred twenty(120)days, unless extended by the City Commission. If for any
reason the designation process is not completed and the demolition application is
approved,the owner shall, at his/her expense,fully record the building prior to
Demolition and attempt to salvage and preserve specified classes of building materials,
architectural details,ornaments, fixtures and the like.
Pg
d. Relocation. The existence of one or more of the following conditions may be
the basis for denial of a relocation application:
(1) The historic character or aesthetic interest of the Resource contributes to its
present setting in such a manner that relocation would result in a substantial loss to the
setting or District.
(2) There are no definite plans for the area to be vacated.
(3) There are definite plans for the area to be vacated that may adversely affect
the character of the District.
(4) The Resource cannot be moved without significant damage to its physical
integrity.
(5) The proposed relocation area is not compatible with the historic,cultural,
and architectural character of the Resource.
(6) Little or no effort has been made to consider relocation within the same
District or within another District with compatible historic, aesthetic, cultural,or design
qualities with the relocated Resource.
e. Changes in Approved Work. Any change in the proposed work following the
issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed
change does not materially affect the historic character or the proposed change is in
accordance with the Board's decision,staff may administratively approve the change. If
the proposed change is not in accordance with the Board's decision, a new Certificate of
Appropriateness application for such change must be submitted for review.
D. Historic Preservation Property Tax Exemption Program.
1. General.
a. The granting of tax exemptions to owners who make improvements to Historic
Properties was authorized by an amendment to the Florida Constitution and codified in
Section 196.1997 and 196.1998 Florida Statute(1992). The ad valorem tax exemption
program was established by Palm Beach County in 1995(Ordinance 95-41),and may
be implemented in the City through an interlocal agreement with the County and a local
Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance
authorizes granting exemptions from increases to ad valorem taxes for qualified
improvements to qualifying properties.
b. Exemptions. Exemptions for Historic Properties are intended for the physical
improvements necessary to Restore or Rehabilitate the Historic Resource,which may
include additions,Alterations and new construction. The improvements must comply
with the Secretary of the Interior's Standards for Rehabilitation.
The City and County will process the application following mutually established
procedures through both the City and County Commissions. This program will provide
an exemption from tax increases on the improvements to the Property for up to a 10
year period. The exemption is conveyed through a covenant that accompanies the
deed of the Property and may be transferred to future owners during the abatement
period.
2. Tax Exemption for Historic Properties.
a. The City Commission hereby creates a tax exemption for the appropriate
restoration,renovation or rehabilitation of qualifying historic properties designated
herein. Qualifying property shall be exempt from that portion of ad valorem taxation
levied by the City on one hundred percent(100%)of the increase in assessed value
resulting from any appropriate renovation,restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
b. The above exemption does not apply to:
(1) Taxes levied for payment of bonds;
(2) Taxes authorized by a vote of the electors pursuant to section 9(b)or
section 12,Article VII,of the Florida Constitution;or
(3) Personal property.
3. Qualifying Properties and Improvements.
a. The following real property in the City is qualifying property for the purposes of
this subsection if at the time the exemption is approved by the City Commission,the
property:
(1) Is individually listed in the National Register of Historic Places pursuant to
the National Historic Preservation Act of 1966,as amended;or
(2) Is a contributing property to a national register-listed district;or
(3) Is designated as a historic property,or as a contributing property to a
historic district,under the terms of the City's historic preservation ordinance;and
(4) Has been certified by the Board as satisfying subparagraphs(I)(a),(I)(b),or
(I)(c)above.
The exemption does not apply to improvements made to non-contributing
principal buildings or non-contributing accessory structures.
b. For an improvement to a historic property to qualify the property for an
exemption,the improvement must:
(1) Be consistent with the United States Secretary of Interior's Standards for
Rehabilitation,as amended.
(2) Be determined by the Board to meet criteria established in rules adopted by
the Department of State, Division of Historical Resources,FAC 1A-38,as amended,
and
(3) Be consistent with any ordinance of the city designating the property as
historic or designating the historic district in which the property is located.
4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to
Title XIV, Chapter 196.1998, Florida Statutes,which allows for exemption from ad
valorem taxation of up to one hundred percent(100%)of the assessed value of the
property as improved,a property is being used for government or nonprofit purposes if
the sole occupant of at least sixty-five percent(65%)of the useable space is an agency
of the federal,state or a local government unit or a nonprofit organization certified by
the Department of State under Chapter 617.013, Florida Statutes.As for being
"regularly and frequently open"for public access, the property shall be open to the
public not less than twelve(12)days per year on an equitably spaced basis, and at
other times by appointment. Nothing herein shall prohibit the owner from charging a
reasonable nondiscriminatory admission fee,comparable to fees charged at similar
facilities in the area.
5. Application for Exemption; Fees. An applicant desiring an ad valorem tax
exemption for proposed improvements to a historic property must file a request
accompanied by its corresponding fee and all documentation required by the application
checklist. The request shall be made on the two-part Historic Preservation Property Tax
Exemption Application,approved by the State of Florida, Division of Historical
Resources and promulgated in accordance with Rule 1A-38, Florida Administrative
Code,and include additional information and documentation of the cost of the qualifying
improvement. Part 1 of the application,the Preconstruction Application shall be
submitted before qualifying improvements are initiated and Part 2,the Final
Application/Request for Review of Completed Work,shall be submitted to the City for
review upon completion of the qualifying improvements. The Final Application/Request
for Review of completed Work shall contain the Historic Preservation Exemption
Covenant as established by the Department of State, Division of Historical Resources
and applicable for the term for which the exemption is granted.
6. Preconstruction Application. The review process shall be initiated with the
submittal of a Preconstruction Application to the City. The Preconstruction Application
shall contain a copy of the application for Certificate of Appropriateness, information on
project cost, and a copy of the most recent tax bill for the subject property from the Palm
Beach County Property Appraiser. Upon the receipt of the Preconstruction Application
by the City,the City shall conduct a review for eligibility in accordance with the
requirements stated herein.
7. Review of Preconstruction Application. A review of the Preconstruction
Application shall be completed by the City in accordance with the established schedule
and process.
a. Once the City determines that the work as proposed is a qualifying
improvement and is in compliance with the review standards contained herein,the City
shall approve the Preconstruction Application and issue a written notice to the applicant
with a copy to the Board.
b. If the City determines that the work as proposed is not a qualifying
improvement or is not in compliance with the review standards contained herein, a
written notice shall be provided to the applicant, including recommendations concerning
the changes to the proposed work necessary to make it a qualifying improvement and
bring it into compliance with the review standards.
8. Appeals to the Historic Resources Preservation Board.
a. Within ten(10)days of receipt of notice that the City has denied a
Preconstruction Application,the applicant may file a written notice of appeal of the
denial to the Board. The appeal shall be processed in accordance with the public
meeting and notification procedures required of the City's quasi-judicial hearing process,
except that public notices need only be mailed to owners of abutting or adjacent
property as determined by the Historic Preservation Planner.
b. If the Board denies the appeal,the applicant may appeal the action of the
Board to the City Commission.
9. Issuance of Other Permits or Approval. If all or part of the proposed
improvements require a building permit or other necessary approval of the City or any
other governmental agency,the improvements shall also be reviewed pursuant to any
other applicable code provisions of the City and require such corresponding approval.A
Preconstruction Application shall not be approved by the City and issued until such
permit or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until the Final
Application has been approved by the City Commission and all appeal proceedings
have been completed.
10. Completion of Work. An applicant must complete all work within two(2)years
following the date of approval of a Part 1, Preconstruction Application by staff. A
Preconstruction Application shall be automatically revoked if the property owner has not
submitted a Final Application/Request for Review of Completed Work within two(2)
years following the date of approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for
completion of a substantial improvement in accordance with the procedures of the City's
Building Code.
11. Final Application and Request for Review of Completed Work.
a. The Final Application/Request for Review of Completed Work shall be
accompanied by documentation of the total cost of the qualifying
improvements. Appropriate documentation may include, but is not limited to paid
contractor's bills, cancelled checks,and an approved building permit application listing
the cost of work to be performed. Upon the receipt of a Final Application/Request for
Review of Completed Work and all required supporting documents,the City shall
inspect the completed improvements to ensure compliance with the Preconstruction
Application,Certificate of Appropriateness, and any approved amendments.
b. If the City determines that the work is a qualifying improvement and is in
compliance with the review standards contained herein,the Final Application/Request
for Review of Completed Work shall be approved and forwarded to the Board for
review,and written notice shall be provided to the applicant.
c. If the City determines that the work as completed is not in compliance with the
Preconstruction Application or the established timeframe as described in this section,
the applicant shall be given written explanation for such findings, including
recommendations concerning the changes to the proposed work necessary to make it a
qualifying improvement and bring it into compliance with the review standards. The
application will be forwarded to the Board for review once the applicant makes the
adequate changes necessary for compliance,or upon receiving notice from the
applicant that no further changes will be made to the project.
12. Recommendations to Historic Resources Preservation Board and City
Commission. On completion of the review of a Final Application/Request for Review of
Completed Work,the City shall present such Final Application in a regularly scheduled
meeting of the Board and recommend that such Board grant or deny the
exemption. The recommendation and explanation shall be provided in writing to the
applicant and Board for consideration at a public meeting.The application,along with a
recommendation of approval or denial shall subsequently be forwarded by the Board to
the City Commission for final consideration.
13. Approval by the City Commission. Upon approval of a Final
Application/Request for Review of Completed Work by the Board,the Final Application
shall be placed by resolution on the agenda of the City Commission for approval.The
resolution to approve the Final Application shall indicate the property owner,property
address and legal description,time period that exemption will remain in effect and
expiration date,and shall require the owner to record the restrictive covenant in the
Official Record Book of Palm Beach County.The applicant shall provide the City with
two(2)certified copies of the recorded covenant.
14. Notice of Approval to the Property Appraiser. The City shall transmit the
following certified copies to the Palm Beach County Property Appraiser: 1)recorded
restrictive covenant;2)approved Final Application/Request for Review of Completed
Work;and the resolution of the City Commission approving the Final Application and
authorizing the tax exemption.
15. Effective Date and Duration of Tax Exemption. When the City Commission
approves a historic preservation tax exemption,the covenant shall be in effect for ten
(10)years;however,the City Commission has the discretion to approve a shorter time
frame if petitioned by the property owner.The effective date of the exemption shall be
January 1 of the following year from when the covenant and resolution are recorded
with the Palm Beach County Clerk of the Court.
16. Property Maintenance, Penalty,and Revocation. The character of the property
and qualifying improvements are to be maintained during the period that the exemption
is granted.Such covenant shall be binding on the current property owner,transferees,
and their heirs,assigns and successors.A violation of the covenant shall result in the
revocation of the granted tax exemption,and the property owner being subject to the
payment of taxes that would have been owed had the exemption not been initially
granted(see subparagraph(2)below).The revocation process shall occur as follows:
a. Revocation Proceedings.
(1) Staff or the Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant,or subsequent owner or
successors in interest to the property,fails to maintain the property according to the
terms and conditions of the covenant;
(2) The Board shall provide notice to the current owner of record of the
property and hold a revocation public hearing,and make a recommendation to the City
Commission;
(3) The City Commission shall review the recommendation of the Board and
make a determination as to whether the tax exemption shall be revoked. Should the
City Commission determine that the tax exemption shall be revoked,a written resolution
revoking the exemption and notice of penalties as provided herein shall be provided to
the owner,the Palm Beach County Property Appraiser and filed in the official records of
Palm Beach County;
(4) Upon receipt of the resolution revoking the tax exemption,the Palm Beach
County Property Appraiser shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of revocation;and
b. Notice of Penalties. The resolution revoking the tax exemption shall include a
statement that a penalty equal to the total amount of taxes that would have been due in
March of each of the previous years in which the tax exemption and covenant were in
effect had the property not received the exemption, less the amount of taxes actually
paid in those years, plus interest on the difference calculated as provided in Section
212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for
violation of the terms, conditions and standards of the Historic Preservation Exemption
Covenant.
17. Annual Report.The City shall prepare an annual report to the City Commission
regarding the tax exemption proposed in this article.The report shall be filed in January
of each calendar year, and shall summarize the activities of the City and Board related
to this article during the previous calendar year.The information shall include, but not
be limited to,a list of the properties for which a Part 1, Preconstruction Application,and
Part 2, Final Application/Request for Review of Completed Work were made during the
preceding year; an explanation of the disposition of each application;the expenditures
on each approved qualifying improvement during the calendar year; the total number of
properties currently participating in the program provided within this article; and any
other information requested by the City Commission.
E. Standards for Archeological Work;Discovery of Archeological Site.
1. The Historic Preservation Planner shall be responsible for identifying, protecting,
managing and promoting all cultural resources(historic and prehistoric sites and
districts)within the municipal bounds.
2. Archaeological Work. Archeological surveys, assessments,excavations, and
other work required by this ordinance shall be conducted by a qualified, professional
archeologist and be consistent with the guidelines for such work promulgated by Palm
Beach County that are consistent with accepted professional standards and regulations
developed by the Florida Department of State Division of Historical Resources and the
United States Department of the Interior,or their successor agencies.
3. Site Discovered During the Development Process. In the event that
archaeological materials are discovered by ground disturbing activities on any property
within the City, such activities in the immediate vicinity of the archaeological site shall be
discontinued immediately and the Planning&Zoning Department notified.The site shall
be inspected and may be required to be assessed by a qualified professional
archaeologist at the expense of the property owner.
4. Unmarked Human Graves. If a discovery is made of an unmarked human grave
or graves,then the procedures for notifying the State Archaeologist and County Medical
Examiner shall be followed,consistent with state law.
(Ord. 10-025, passed 12-7-10;Am. Ord. 11-006, passed 2-15-11;Am. Ord. 12-008,
passed 5-15-12;Am. Ord. 12-016, passed 10-2-12)
pg.
ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
Sec. 1. Overview.
A. General. Pursuant to Chapter 1, Article Ill, Section 5.B., any given parcel of land in the
city shall have a zoning district that corresponds with the Future Land Use Map (FLUM)
classification of the Comprehensive Plan.
B. Residential Building and Site Regulations (Table 3-1).
RESIDENTIAL R-1 R-1 R- R-1 R- R-3 IPUD PUD MHPD
AAB AA 1A 13 2 Duplex 73 Multi
Density(dwelling units per 5 5.5 6 7.5 10 11 Flexible1° Flexible10 Flexible10
acre):
Project Area,Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+
(acres)
Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200
Minimum(square feet):
Lot Frontage,Minimum 90 75 60 60 75 100 Flexible Flexible N/A
(feet):
Living Area,Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A
(square feet):
Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A
Floor-Area-Ratio(FAR)for N/A N/A N/A N/A N/A N/A N/A N/A N/A
Non-Residential,Maximum:
Structure Height,Maximum 30 30 30 30 30 456 45' 456 30
(feet):
Building Setbacks,
Minimum(feet):
Front: 25 25 25 25 25 40 Flexibles Flexibles 20
Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5
Corner side: 254 254 254 254 254 40 Flexibles Flexibles 1011
Rear: 204 204 204 204 254 40 Flexibles Flexibles 1011
Special rear yard setback Maximum Percentage of Reduction:
reductions for 1-story
building additions abutting:
1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A
(ICWW):
Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Canal wider than 150 50% 50% 50% 50% N/A N/A N/A N/A N/A
feet:
Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A
150 feet:
Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A
Perimeter wall abutting 50% 50% 50% 50% N/A N/A N/A N/A N/A
non-residential:
Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback):
Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A
Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A
Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A
General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11
1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not
be used in conjunction with the setback reductions allowed by administrative adjustments.
2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building
line of a legally non-conforming single-family structure, or a building line previously approved by a variance.
3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes
shall conform to the R-2 district requirements.
4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot
shall provide for front yard setbacks along both streets. When two (2)front yard setbacks are provided for on a
corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed.
5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family
residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the
setbacks of the adjacent development based upon the orientation of structures with said development. Also,
perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in
excess of thirty(30)feet. Project design along abutting roadway(s), including setbacks, shall be based on
existing development patterns or applicable recommendation from the respective development plan.
6. See Note#5 for additional setback requirements relative to building height.
7. A lesser building height may be required for compatibility with adjacent properties. See Note#5 for more
setback requirements relative to building height.
8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard
shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975.
9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit(also see
Chapter 4, Article Ill, Section 8.).
10. The maximum allowable density is determined by the applicable future land use classification of the
Comprehensive Plan.
11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent
zoning district(s), but with a minimum of the setback required for a single-family residence.
12. Multi-family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in
R-3 require twenty thousand (20,000)square feet.
13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that(1)
were originally platted or(2)were existing parcels as of April 1, 2020 may use the development regulations within
this section to develop a single-family residence:
C. Non-Residential Building and Site Regulations (Table 3-2).
NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU
Density(dwelling units N/A N/A N/A N/A N/A N/A N/A Flexible" N/A N/A
per acre):
Project Area, Minimum N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A
(acres)
Lot Area, Minimum 9,00 0 5,000 15,0 00 5,0 00 15,0 00 Flexible 10,000 Flexible 43,5 60 8,000
(square feet):
Lot Frontage, 75 50 75 50 75 Flexible 0 Flexible 100 75
Minimum:
Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A
Lot Coverage, 40% 40% 40% 40% 75%18 40%1' 60% 60% N/A N/A
Maximum:
Floor-Area-Ratio 0.40 0.50 0.50 0.5 0 N/A 0.50 0.50 0.50 0.50 1.00
(FAR), Maximum:
Structure Height, 304 259 45 45 45 45 45 45 45 45
Maximum(feet):
Building Setbacks,
Minimum(feet)14•:
Front 30 30 20 25 0 40 15 30 25 2513
Rear 20 20 202 205 206 40 203 30 25 2513
Interior side 10 15 01 155 0 30 154 20 25 1513
Corner side 10 20 20 155 8' 30 15 30 25 1513
Building Setbacks,
Minimum if abutting
a residential district
(feet)"'.:
Rear 30 30 30 30 N/A N/A 30 N/A N/A 30
Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30
Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A
Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A
1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15)feet
shall be provided on one (1) side.
2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half
(1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10)feet.
3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10)
feet.
4. Where rear yard abuts a paved alley or street, then no side setback shall be required.
5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10)feet and
no side yard shall be required, except on corner lots.
6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8)feet at
first floor level, in which case, no setback shall be required at all other floor levels.
7. Eight (8)feet is required at first floor level. No setback shall be required at all other floor levels.
8. Waterfront setbacks shall be measured from the property where the body of water is under different
ownership than the subject property line. However, setbacks are measured from the mean high water line if the
body of water is under the same ownership as the subject property.
9. Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five (35)feet
but only with conditional use approval.
10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%) of
the plot on which they are constructed.
11. Contiguous acres.
12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use
classification. Maximum residential densities shall be in accordance with the thresholds established for the
respective DRI.
13. For hospital buildings, additional setbacks in excess of thirty(30)feet shall be required for any height over
forty-five (45)feet. The additional setback shall be measured by calculating three (3) additional feet of setback for
each foot in height above forty-five (45)feet, not including minimal rooftop equipment that are eligible for height
exception pursuant to Chapter 2, Article II, Section 4.
14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays.
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE, URBAN 13.14 MU-1 MU-2 MU-3 MU-4 MU-C
MIXED USE, URBAN 13'14 MU-1 MU-2 MU-3 MU-4 MU-C
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
All other uses 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 100 2 1502 200 2 200 2
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.); 45 65 75 100 150/1254
Maximum Density(DUs/Acre)10• 20 40 50 60 80
12
Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0
Build-to-line(ft.)8
All sides abutting a collector or Factor of Pedestrian Zone Requirement'
arterial road
Abutting a Local street 0' 0' 0' 0' 0'
Interior side 0' 07 0' 0' 07
Building Setback,Minimum(ft.)8
Rear abutting:
Residential single-family 255/05.6 255 255 255 255
Intracoastal waterway 255 255 255 255 255
Side abutting
Residential single-family 255/05.6 255 255 255 255
Usable Open Space,Minimum(sq. N/A N/A 0.5% 1% 2%
ft.)9
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Project sites must front on two(2) intersecting rights-of-way and must have an uninterrupted lot frontage. An
exception shall be made when the interruption is attributed to the existence of a designated historic site, or a site
currently on the List of Potentially Significant Sites. Project design shall maximize compatibility with the historic
site so as to allow the historic site to mutually-contribute to the streetscape. Design considerations should include
transitional design elements such as building separation, facade treatments and open space, and plazas and
landscaping. Pedestrian Zone requirements shall be required to continue uninterpreted by the historic site,
including streetscape, landscaping and pedestrian amenities.
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is
thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where
adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these
regulations. Height bonus may be granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five (125)feet for the entire project where property abuts any
other MU or residential zoning district not separated by a right-of-way.
5. Plus one (1) additional foot for each foot of height over thirty-five (35)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. Buildings and structures shall be located no farther than zero (0)feet from the property line, except in
conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when
additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of
roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is
comprised of three components: 1) a five (5)foot wide street tree area, measured from the back of the curb, or
future curb on roads requiring a right-of-way dedication, 2) an eight(8)foot wide sidewalk (ten-foot (10')wide
sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan),
free from obstructions, measured from the centerline of street trees, and 3)an eight-foot (8')wide active area,
measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right-
of-way regulations. See Section 5.C.2 below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be
devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section
8_for additional regulations.
10. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have minimum
densities as follows: MU-1 -fifteen (15), MU-2 -twenty-five (25), MU-3 -thirty-five (35), MU-4 -forty-five (45) and
MU-C - sixty(60) dwellings per acre.
11. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have a minimum
FAR as follows: MU-3 -one and three-quarters (1.75), MU-4 (2.0) and MU-C -two (2.0). Maximum FAR for MU-3
may be increased to 3.5 if abutting property with the Mixed Use High future land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District (the Station
Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying
zoning district through participation in the City's Workforce Housing Program.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE
requirement by including commercial uses serving the general public such as retail, restaurants, bars,
entertainment, personal services, and offices. Resident-only serving amenities such as lounges, gyms, common
rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial
requirements.
14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the Federal Highway
District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet
ACTIVE USE requirement by using design features - including street-fronting access -to allow residential use to
engage with the street and provide the opportunity for interaction. Such features may be combined with building
amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor.
Sec. 5. Nonconforming Uses.
A. Definition. See Chapter 1 , Article II, Definitions.
B. Existing Uses.
1 . General. Any lawful use of land or structures existing on the effective date of the
adoption or amendment of these zoning regulations, but which would become a
nonconforming use under the terms of these Regulations or future amendments hereto, shall
be permitted to continue, subject to the provisions of this section pertaining to its extension,
alteration, reconstruction, business tax renewal, discontinuance or change.
Any use or structure in lawful existence at the time of adoption or amendment of these
zoning regulations which would thereafter require a conditional use approval under its
provisions shall be construed to be a nonconforming use. Such uses or structures may
become conforming upon application, review, and approval as a conditional use according to
the procedures and standards set forth in these zoning regulations for conditional use
approvals. However, if approval of a conditional use is not granted for such use or structure,
then it shall continue to be construed as nonconforming. Any enlargement, increase,
extension, or intensification of a use or structure would require such approval as if it were a
new use or structure. Any alteration or movement of such use which the Development Director
finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use
approval, but shall conform to all other applicable provisions contained in the Boynton Beach
Land Development Regulations.
2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in
possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance,
but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to
Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business
operations and/or associated building by up to twenty percent (20%), provided it does not expand onto
an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on
the Quantum Park Master Site Development Plan.
C. Nonconforming Use Limitations.
1 . Use of Land. No nonconforming use of land shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied on the effective date of the
adoption or amendment of these Regulations, unless such use is subsequently changed to a
use permitted in the district in which such use is located.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot
or parcel occupied by such use on the effective date of the adoption or amendment to these
Regulations, nor shall such nonconforming use be moved to any other parcel or located in any
district within which said use is not permitted.
No additional structures or buildings shall be erected in connection with such nonconforming
use of land.
2. Use of Structures. Any nonconforming use which occupies a portion of a building or
other structure not originally designed or intended for such use shall not be extended to any
other part of the building or structure. No nonconforming use may be extended to occupy any
•
land outside the building or structure, nor any additional building or structure on the same plat,
which was not used for such nonconforming use at the effective date of the adoption or
amendment of these Regulations.
No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or
structurally altered, unless the use is changed to one which complies with the provisions of
these Regulations. However, ordinary repairs, maintenance and improvements, such as
plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall
be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed
value of the building or structure for that year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the preceding paragraph and provided such
work does not increase the cubic volume of the structure, the floor area devoted to the
nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent
compliance with applicable laws or ordinances relative to the safety and sanitation of a building
occupied by nonconforming use.
D. Change of Use. Any part of a structure or land occupied by a nonconforming use which
is changed to or occupied by a conforming use shall not thereafter be used or occupied by a
nonconforming use. A nonconforming use of land or structure shall not be changed to any
other use except one which would be permitted as a conforming use in the district in which the
land or building is located. However, no change shall be required in the plans, construction, or
designed use of any structure for which a building permit was lawfully issued pursuant
to Chapter 4, Article IX, and upon which construction has actually begun prior to the effective
date of the adoption or amendment of these Regulations.
E. Discontinuance. If for any reason a nonconforming use of land, structure or any part
thereof ceases or is discontinued for a period of more than six (6) consecutive months, except
when government action impedes access thereto, the land shall not thereafter be used for a
nonconforming use. The issuance or existence of a required business tax receipt, permit, or
other governmental authorization to conduct such nonconforming use shall not mean that the
use has not ceased, but that the lack of the same shall create a refutable presumption that the
use has ceased.
F. Nonconforming Lots/Structures. See Chapter 3, Article V, Section 11 for the regulations
pertaining to nonconforming lots and structures.
G. Designated Historic Sites. The restrictions of this Section that limit the extension,
alteration, reconstruction, business tax renewal, discontinuance or change of a non-conforming
use of property do not apply to a property that is listed on the City's Register of Historic Places.