Agenda 03-12-12
CITY OF BOYNTON BEACH
HISTORIC RESOURCES PRESERVATION BOARD
MEETING AGENDA
DATE: Monday, March 12, 2012 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Agenda Approval
3. Approval of Minutes
4. Communications and Announcements
5. Old Business:
A. Update on the progress of the Historic Preservation Program
B. Preservation Month
6. New Business:
A. Survey of the city incorporated section of the Trade Winds Estates Subdivision
B. Proposed Board Rules of Procedure
C. Proposed amendments to Historic Preservation Ordinance to meet CLG requirements
7. Other
8. Comments by members
9. Public comments
10. Announce date of next meeting – April 9, 2012
11. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE HISTORIC RESOURCES PRESERVATION BOARD WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH
APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS
PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Document3
City of Boynton Beach
Historic Resources Preservation Board
Rules of Procedure & Bylaws
1. PURPOSE
To establish Procedures and Bylaws for organizing the business of the City of Boynton
Beach Historic Resources Preservation Board, hereafter termed the "Board”, and
processing applications for Certificates of Appropriateness.
2. GENERAL PURPOSE
The Board shall be governed by the terms of the Historic Preservation Ordinance as
contained in the City of Boynton Beach Land Development Regulations, Chapter 4,
Article IX, Section 6 as they may be amended or revised.
3. JURISDICTION
The Board’s jurisdiction for its design review activities shall be within the incorporated
city limits of Boynton Beach, Florida.
4. POWERS AND DUTIES
A.The Powers and Duties of the Board are established in Chapter 1, Article VII,
Section 4 of the Boynton Beach Land Development Regulations and other
appropriate sections of the city Code.
B.The Board shall follow, in the consideration of Historic Preservation decisions
and recommendations and the administration thereof, the Procedures established
in Chapter 1, Article VII, Section 4 of the Boynton Beach Land Development
Regulations.
5. COMPOSITION & DESIGN OF THE BOARD
Members:
A.The Board shall be composed of seven (7) members and two (2)
alternate members who shall be appointed by the City Commission.
Eligibility:
B.Members need not be residents or owners of businesses that are
within the City, but preference shall be given to individuals who shall reside or
have a principal place of business in the City. Where possible, a minimum of two
(2) members shall be chosen from among the disciplines of architecture, history,
architectural history, archaeology, landscape architecture or planning. A
minimum of three (3) additional members of the Board shall be experienced in the
areas of commercial development, real estate, banking or law. The two (2)
remaining members shall be citizen members at large. The two (2) alternate
members shall be from any of the foregoing professions or citizen members at
large. All members shall have demonstrated a special interest, experience or
knowledge in historic preservation or closely related disciplines.
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Terms:
C.Members of the Board shall serve three (3) year terms. Of the initial
appointments, four (4) members shall be appointed for a term of three (3) years
and three (3) members shall be appointed for a term of two (2) years. Alternate
members shall be appointed for a term of two (2) years.
Vacancies:
D. Vacancies on the Board, including expired terms shall be filled within
sixty days by persons with the same background as the original appointee, or
related field, in order to maintain the desired Board makeup. Resignations from
the Board must be submitted in writing to the City Clerk. Any member of the
Board may be removed pursuant to the procedures outlined in the City Code of
Ordinances. If a member is absent from four (4) regular meetings in one year
(January 1 to December 31) without cause, and without prior approval of the
Chair, the Board shall declare the member’s office vacant. Vacancies caused by
resignation or for other reasons shall be filled for the unexpired term in the same
manner as for a full term.
Compensation:
E.All members will serve without compensation, but may be
reimbursed for actual pre-approved expenses incurred in the performance of their
duties.
6. OFFICERS, QUORUM & AFFIRMATION OF MOTIONS
Officers:
A.Election of officers will occur at the voting meeting in April and new
officers will take office on the first day of May following.
Chair:
1.The Board shall elect one of its members as Chair, who will serve
for one year or until a successor is elected. The Chair may be elected for
no more than two consecutive, one-year terms. The Chair shall decide all
points of order and procedure, unless directed otherwise by the majority of
the Historic Preservation Commission Board, subject to these bylaws. The
Chair shall appoint any committees found necessary to facilitate any
business before the Board. The Chair shall have the authority to determine
the need to call for a roll call vote when a voice vote is inconclusive.
Vice Chair:
2. The Board shall elect one of its members as Vice Chair, who
will serve for one year or until a successor is elected. The Vice Chair may
be elected for no more than two consecutive, one-year terms. The Vice
Chair shall serve as Acting Chair of the Board in the absence of the Chair.
Upon the resignation or disqualification of the Chair, the Vice Chair shall
assume the position of Chair for the remainder of the unexpired term.
Following the vacancy of the previous Vice Chair, the Board shall elect a
new Vice Chair at its next regular meeting. Completion of an unexpired
term as Chair by the Vice Chair shall not preclude the Board member from
serving two consecutive and complete one-year terms as Chair.
3.If neither the Chair nor the Vice Chair is present for a meeting, then the
Board shall elect on the record at such meeting, a member who is present
to serve as temporary Acting Chair for that meeting only.
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Historic Preservation Planner
4. shall serve as staff liaison to the Board
and shall not be eligible to vote upon any matter.
Secretary:
5. A secretary will be provided to record minutes, take roll, swear
in speakers at public hearings, and shall also have no vote.
Quorum:
B.Four (4) members shall constitute a quorum for the transaction of
business.
Decisions of the Board:
C.Decisions of the Board shall be by majority vote of the
members present and voting, a quorum being present. In the event of a member’s
abstention based on a conflict of interest or other disqualification, the abstention
shall count as if that member were absent and the number of persons necessary for
a majority shall be reduced accordingly without affecting the quorum. The
decisions of the Board shall be for approval, approval with conditions, denial or
for mutual agreement to extend the time period for the request.
7. BYLAWS & RULES OF PROCEDURE
The membership of the Board shall adopt Rules of Procedure and Bylaws, not in conflict
with the provisions of Chapter 4, Article IX, Section 6 (Historic Preservation
Requirements) of the Land Development Regulations of the City of Boynton Beach.
Notice of the intent to amend and the content of the amendment shall be distributed in
writing to each member of the Historic Preservation Commission Board no less than
three (3) days prior to the meeting at which the vote to amend is taken. A
recommendation for adoption by the majority of the membership of the Board shall be
required to amend or adopt the Rules of Procedure and the Bylaws. For instance, if all
seven (7) Board positions are appointed and filled, four (4) votes are necessary to
recommend the adoption or amendment of the Rules of Procedure or the Bylaws,
regardless of the number of members present at the meeting. The Bylaws and Rules of
Procedure recommended by the Board must be reviewed and approved by the City
Commission.
8. MEETINGS
Meetings of the Board shall be held at the call of the Chair and at such other times as the
Board may determine. All meetings of the Board shall be open to the public. However,
members of the public shall not address the Board until invited to do so by the Chair.
Regular meetings of the Board shall be held monthly.
The Regular Historic Preservation Commission Meeting Schedule
A. is as
follows, unless otherwise announced:
Date2nd Monday of each month
Time6.30pm
LocationCommission Chambers, City Hall
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
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Special Called Meetings
B.may be held as needed by the Chair by giving notice to
all members not less than forty-eight (48) hours prior to the time set for the
meeting. The City Clerk shall be notified of any Special Called Meetings at the
same time as the members are notified and the Clerk shall notify the newspaper,
which serves as the legal organ, not less than forty-eight (48) hours prior to the
meeting time. A notice shall be placed in a public location at the meeting site
indicating the time, date, location and Agenda for the Special Called Meeting.
Special and Emergency Meetings
B. may be called by the Chair or Vice Chair or
by petition signed by not less than four members of the Board. Special or
emergency meetings may be called subject to notification of the members in
sufficient time so they may make arrangements to attend.
Emergency Meetings
C.may be called by the Chair when special circumstances
occur and are so declared by the Board. The first item of business at an
Emergency Meeting shall be to establish special circumstances for the meeting.
The Board may hold a meeting with less than twenty-four (24) hours notice upon
giving such notice of the meeting and subjects expected to be considered at the
meeting as is reasonable under the circumstances, including notice to the
newspaper serving as the legal organ or other newspaper. The Board shall
immediately make the information available upon inquiry to any member of the
public. Any oral notice required or permitted by this subsection may be given by
telephone.
Cancellation of Meetings
D.:
1.Whenever there is no business before the Board, the Chair may dispense
with a regular meeting by giving notice to all members not less than
twenty-four (24) hours prior to the time set for the meeting. The City
Clerk shall be notified of any cancellation of meetings at the same time as
the members are notified, and the Clerk shall notify the newspaper, which
serves as the legal organ, not less than twenty-four (24) hours prior to the
meeting time. A a notice shall be placed in a public location at the meeting
site indicating that the meeting has been cancelled.
2.Whenever the City of Boynton Beach has closed its offices due to
inclement weather, then any meetings of the Board for that day shall be
cancelled.
Adjourned Meetings
E.: Should the Board not complete the business before it, the
Chair may adjourn the same and schedule a continuation of the same meeting
until the Agenda has been completed. However, the adjourned meeting must meet
the same requirements for the notification of the City Clerk and for the posting of
a notice as with a Special Called Meeting.
Committee Meetings and Work Sessions
F. of the Board may be called by the
Chair of the Board or, in the case of Committee Meetings, by the Chair of the
Committee. These meetings, while informal in nature, shall be open to the public
and shall meet the same requirements for notice to the City Clerk and posting of
the agenda or announcement of the meeting as for Special Called Meetings.
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Committees of the Board shall not conduct Administrative Hearings nor shall they
occur at Board Work sessions. Minutes of Committee meetings are not required.
G.Minutes and Agendas:
Minutes:
1.The Board shall keep minutes of its proceedings showing the
vote of each member upon each question, or if absent or failing to vote,
indicating such fact. Minutes shall also include records of the
examinations of the Board and other official actions. Minutes shall be part
of the public record. A recorded tape will serve as the official record of the
meeting. These minutes shall, at a minimum, include the names of the
members present at the meeting, a description of each motion or other
proposal made, and a record of all votes. In the case of a roll-call vote, the
name of each person voting for or against a proposal shall be recorded and
in all other cases it shall be presumed that the action taken was approved
by each person in attendance unless the minutes reflect the name of the
persons voting against the proposal or abstaining. Copies of the recorded
tape minutes are available to the public at the cost of duplication.
Summary Minutes will be prepared and made available to the public after
adoption by the Board. The applicant or any other party to the proceedings
may have a verbatim transcript prepared by an official court reporter,
certified in the State of Florida, at his or her own expense; provided,
however, a copy of the transcript shall be filed with the Board and copies
made available to other parties at actual cost.
Agenda
2.: The Historic Preservation Planner shall prepare the agenda for
each meeting. The agenda shall be posted in a public location no less than
twenty-four hours prior to the meeting. The Board shall receive copies of
the agenda no less than twenty-four hours prior to the regularly scheduled
meeting. The normal order of business at regular meetings shall be as
follows:
a)Pledge of Allegiance.
b)Agenda Approval.
c)Approval of Minutes.
d)Communications & Announcements.
e)Old Business.
f)New Business.
g)Other.
h)Comments by Members.
i)Public Comments.
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j)Announcement of the Next Meeting Date.
k)Adjournment.
9. CONFLICT OF INTEREST
A member shall not cast a vote on any issue before the Board which involves the interests
of that member or an organization in which that member has an ownership interest or
position of control or directly represents. Neither shall a member cast a vote on any
matter which could provide direct financial benefit to that member. Whenever a conflict
of interest situation arises in the conduct of business the following actions shall be taken:
A.The individual member shall divulge the existence and reasons for the potential
conflict;
B.The Board shall decide if such a conflict exists;
C.If it is decided that a conflict exists, the affected member shall refrain from
presenting, voting on, or discussing the project, other than answering a direct
question.
D.Should the Board determine that a conflict of interest does not exist, the nature of
the alleged conflict and the reason(s) for determining a conflict did not exist shall
be entered into the minutes.
10. CODE OF ETHICS
Each member of the Board shall adhere to the most current version of the “Palm Beach
County Code of Ethics” and complete any required ethics training as specified by the
City of Boynton Beach.
11. SITE VISITS AND COMMUNICATIONS
A.Members of the Board shall not decide how they will vote on a matter pending
before the Board until after the conclusion of the evidentiary proceeding on the
application.
B.Board Members shall avoid the appearance of premature decision-making by
adhering to the following rules of conduct.
C.Board Members shall disclose any discussion outside the hearing or decision-
making process, on the record, at the Board meeting at which the subject
application is under review. Such disclosure shall include the name of the person
with whom the matter was discussed and the nature of the conversation.
D.If by virtue of a site visit or otherwise, a Board Member obtains what he or she
considers to be pertinent information concerning a matter under review and such
information is not presented at the hearing or meeting on the matter, such Board
Member shall disclose said information on the record, at the hearing or Board
meeting, and all parties present shall be given a chance to respond.
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12. RULES OF PROCEDURE
Historic Resources Preservation Board Meeting:
A.The following rules of
procedure will be followed regarding items before the Board.
1.City staff will present their report and recommendations on each request.
2.Public Input will be received from the petitioner and any other individuals
or groups that wish to speak in favor of a request.
3.Public Input is then received from anyone who wishes to speak in
opposition of a request.
4.Statements in opposition to the request may be followed, if necessary, by a
brief response from the Petitioner.
5.The Public Input Session will close and no additional public comments
will be accepted, unless requested by the Board.
6.The Board will discuss the request. At the discretion of the Chair, Board
Members may ask for further information from members of the public
who spoke during the Public Input Session.
7.The Board will then entertain a motion and take a vote on the request.
8.Motions can be for approval, approval with conditions, denial or for
mutual agreement to extend the time period for the request.
9.A Sign-In Sheet for those in attendance will be prepared for the meeting
and an announcement requesting that those present add their name and
address to the sheet will be made at the opening of the meeting.
10.Any person speaking to the Board shall be asked to provide their Name
and Home Address. Speakers shall address all comments to the Board and
not to other members of the audience. The following time limits for
speakers shall be observed:
a)The Petitioner or one representative – no more than ten (10)
minutes.
b)Any individual who wishes to speak for or against a petition or
issue shall have three (3) minutes to address the Board.
c)The petitioner will be allowed to clarify any issues during public
comment and shall have a minimum of two (2) minutes to do so.
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Designation of Historic Properties and Districts
B.
Application:
1. Nominations for historic designations shall be made only
on application forms approved by the Board.
Advertising:
2.The Board shall advertise and hold a public hearing in
accordance with the following public noticing requirements. Section
166.041, Florida Statutes.
Notice of the time, place and subject matter of the hearing shall be
published in a newspaper of general circulation in the City, mailed to the
applicant and mailed to any owner of real property within 400 feet of the
property or district subject to potential designation, at least thirty (30) 10
calendar days prior to the date set for the public hearing.
For the proposed designation of an individual site, one (1) sign for each
street frontage of the property shall be posted in a prominent location no
less than 10 calendar days prior to the hearing. In the case of a proposed
historic district, signs will be placed in prominent locations along public
streets at the outer boundaries of the proposed district in such a manner as
will assure that the signs will be seen by as many affected property owners
as possible. Signs shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date, time and
location of the hearing, and a statement that the application being
considered is available for inspection in the Development Department of
the City of Boynton Beach. Minimum sign size shall be 24” wide by 18”
high.
Action on Applications:
3.
Period for Board Decisions:
a)The Board shall make a
recommendation as to the proposed designation at the public
hearing, based on findings of fact which support the
recommendation. The Board’s recommendation shall be
reduced to writing within 15 working days after the hearing
date. Following the Board hearing, a designation application
with a Board recommendation for approval shall be scheduled
for hearing by the City Commission.
Boynton Beach Register of Historic Places:
b) Designated
historic properties and districts shall be listed in the Boynton
Beach Register of Historic Places.
Certificates of Appropriateness (COA)
C.
Application:
1. Requests for Certificates of Appropriateness shall be made
only on application forms approved by the Board.
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Action on Applications:
2.
Period for Decisions.
a) All COA applications requiring Board
review will be scheduled for hearing by the Board at the first
available meeting approximately six (6) weeks after receipt of
the completed application. The Historic Preservation Planner
shall have the authority to reject an application if it is
determined to be incomplete.
Proper Documentation Required.
b) Proper documentation
shall include all information stated on the application form as
developed by the Planning & Zoning Department.
Evidence of Approval.
c) A COA issued in letter form by the
Historic Preservation Planner shall demonstrate evidence of
approval.
Database.
d) The Historic Preservation Planner shall maintain a
database containing the number of the application, name of the
applicant, street number of the premises, date and final
disposition of the case by the Board.
Case Numbers:
3. Applications, including continued applications, filed in
proper form shall be assigned case numbers and placed on the agenda of
the Board. Incomplete applications shall not receive a case number until
all information has been received.
Deadlines:
4. Complete applications must be submitted at least thirty (30)
days prior to the next regular monthly meeting calendar in order to be
assigned to that meeting.
Tabling the Application:
5. The Board can extend the 6-week time period
for taking action on a COA by mutual written agreement between the
applicant and Board. This written agreement shall become part of the
permanent file.
Delegation of Review Authority:
D. The Board may delegate to staff the authority
to administratively review and grant a COA without formal action by the Board.
This delegation of review is depicted in the following “Historic Resources
Preservation Board Certificate of Appropriateness Approval Matrix”.
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CONTRIBUTING NON-CONTRIBUTING
ACTION NO REVIEW STAFF BOARD NO REVIEW STAFF BOARD
ADDITIONS
1.Visible from the street and 10% or less of the
2 2
existing building square footage
2.Not visible from the street and 20% or less of
2 2
the existing building square footage
3.All other additions 3 3
CANVAS AWNINGS
1.On main façade and facades visible from
2 2
street
2.All other facades 1 1
CARPORTS( Addition or enclosure) 3 3
DECKS, PATIOS, PERGOLAS
1.With a structure 2 2
2.Without a structure 1 X
DEMOLITIONS
1.10% or less of a non-historic addition 2 2
2.All other 3 3
DOCKS(with or without a structure)X X
DOORS/GARAGE DOORS
1.Same materials, style & size 1 1
2.Change in materials or style 2 2
3.Change in openings on the main facade 3 2
4.Change in openings on a secondary facade 2 2
DRIVEWAYS & SIDEWALKS 1 1
EXTERIOR WALL FINISH
1.Removal of not historic vinyl/aluminum
2 2
siding
2.All other finishes (including painting of an
3 3
originally unpainted surface)
INTERIORS (Ad Valorem Tax Exemption
3 X
Applications ONLY)
LANDSCAPING X X
MECHANICAL SYSTEMScausing an effect 2 2
NEW CONSTRUCTION 3 2
PAINTING X X
POOLS X X
PORCHES
1.Open an enclosed porch 2 2
2.Enclose a porch on the main facade 3 3
3.Enclose a porch on a secondary/non-visible
2 1
facade
RELOCATION 3 3
REPAIR
1.Same material 1 1
2.Change in material 2 2
ROOF
1.Same material & shape 1 1
2.Change in material 2 2
3.Change in shape 3 3
SHEDS 1 1
SHUTTERS
1.Removable Shutters 1 1
2.Permanent Shutters visible from street 2 2
3.Permanent Shutters not visible from street 2 1
SITE WALL & FENCES
1.Walls / fences behind front facade 1 1
2.Walls / fences in front of front façade or on a
2 2
corner
WINDOWS
1.Same materials, style & size 1 1
2.Change in materials or style 2 2
3.Change in openings on the main facade 3 2
4.Change in openings on a secondary/non-
2 2
visible facade
1 – Review of Building permit application by Planning staff.
2 – Review of Certificate of Appropriateness application and determination by Planning staff.
3 – Review of Certificate of Appropriateness application and determination by Board.
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CITY OF BOYNTON BEACH
Historic Preservation
Part III (LDR), Chapter 1, Article II (Definitions)
HISTORIC PRESERVATION
- Any definition set forth in 36 C.F.R. Part 60 (the then-current
Code of Federal Regulation, as may be amended from time to time) shall be included in the
definition for such term (and shall control to the extent there is a conflict of meaning), or as an
additional definition, if such term is not otherwise defined:
ALTERATION
- Any construction or change of a Resource.
BOARD
- The Boynton Beach Historic Resources Preservation Board (HRPB).
BOYNTON BEACH REGISTER OF HISTORIC PLACES
- An official listing
maintained by the City of all Historic Properties and Historic Districts so designated by
this ordinance.
BUILDING(S)
- A construction, such as a house, garage, church, or hotel, created
principally to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS
- A document evidencing approval by the
Board or the City staff for work proposed by an applicant.
CERTIFICATE OF ECONOMIC HARDSHIP
- A document evidencing approval by
the Board of an application for economic hardship as that term is defined in this
ordinance.
CERTIFIED LOCAL GOVERNMENT (CLG)
- A local government approved by the
Florida Department of State, Division of Historical Resources, to perform certain historic
preservation functions.
CONTRIBUTING PROPERTY
- A Property that contributes to the historic
significance of a Historic District by location, design, setting, materials, workmanship,
feeling, and association and thus adds to the District’s sense of time, place, and historical
development.
DEMOLITION
- Any act or process that partially or totally destroys a Resource.
DESIGN GUIDELINES HANDBOOK
- Document utilized by the City which
illustrates examples of design features, historic styles and treatment options which
preserve the historical, cultural and architectural character of a Historic District or
Property.
DISTRICT
- (see Historic District).
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ECONOMIC HARDSHIP
- An onerous, extreme and exceptional economic burden that
would be placed upon a property owner by the denial of an application for a certificate of
appropriateness or by the imposition of conditions placed on the granting of such
certificate.
EFFECT
- A change in the quality of the historical, architectural, archaeological or
cultural significance of a Property or District, or in the characteristics that qualify the
Property or District as historically important.
FLORIDA MASTER SITE FILE
- An archive and database of all known
archaeological and historical sites and districts recorded within the state of Florida that is
maintained by the Florida Department of State Division of Historical Resources and is
organized alphabetically by county and numerically, as recorded.
HISTORIC DISTRICT
- A geographically definable area designated by the City
Commission as possessing a significant concentration, linkage, or continuity of Properties
united historically or aesthetically by plan or physical development.
HISTORIC PROPERTIES
- Those Properties designated by the City Commission as
being of historical, cultural, architectural or archaeological importance.
NATIONAL REGISTER OF HISTORIC PLACES
- The official Federal list of
Historic Districts, Sites, Buildings, Structures, and Objects significant in American
history, architecture, landscape architecture, engineering, archaeology, and culture.
Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as
each may be amended from time to time, and maintained by the U.S. Department of the
Interior.
NON-CONTRIBUTING PROPERTY
- A classification applied to a Property within a
Historic District signifying that it does not contribute to the qualities that give the
Historic District cultural, historical, architectural, or archaeological significance as
embodied in the criteria for designation of a District, but which because of its location
within a District should follow the review procedures required by this ordinance.
OBJECT
- A primarily artistic item closely linked to the history of the property. Said
item is typically relatively small in scale and simply constructed, such as a statue,
milepost, statuary, or fountain.
PROPERTY
- Area of land containing a single historic resource or a group of resources,
which may include any of a Building, Site, Structure, Object, or District.
RECONSTRUCTION
- The process of reproducing by new construction the exact form
and detail of a demolished Property as it appeared at a certain point in time.
REHABILITATION
- The process of repairing or altering a Property so that an
efficient, sustainable and appropriate contemporary use is achieved, which while
preserving those significant historical, architectural, or cultural features which establish
the character of the Property.
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RELOCATION
- Any change of the location of a Building, Structure or Object from its
present setting to another setting.
RESOURCE
- A Building, Site, Structure, Object, or District that reflects historical,
archaeological, or cultural significance.
RESTORATION
- The process of accurately recovering the form and details of a
Property as it appeared at a particular period of time, which may involve the removal of
later additions or Alterations, or the replacement of missing features.
SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION
- A
federal document set forth in 36 C.F.R. 67, as amended from time to time, which
provides guidance on the sensitive Rehabilitation of a Historic Property.
SETTING
- The physical environment of a Property, including all landscape elements.
SITE
- The location of an event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archaeological value regardless of the value of any existing
structure.
STRUCTURE(S)
- A combination of materials to form a construction, generally used to
distinguish from Buildings those functional constructions made for purposed s other than
creating human shelter. (For example, a bridge, wall, fence, pond).
SURROUNDING BUILDINGS
- For a Property on an interior lot, the properties
adjacent to across the street and on either side of the property across the street from the
subject Property; for a Property on a corner lot, the properties adjacent to, across both
streets, the property on the diagonal corner, and the properties adjacent to the properties
across both streets and adjacent to the diagonal corner from the subject Property.
Part III (LDR) Chapter 1, Article VII, Section 4 (Administrative and Decision Making Bodies)
Section 4. Historic Resources Preservation Board.
A. Terms and Definitions.
See Chapter 1, Article II for all applicable terms and
definitions which pertain to the regulations and standards contained herein.
B. Establishment, Composition and Terms.
The Historic Resources Preservation
Board shall consist of seven (7) members and two (2) alternate members who shall be
appointed by the City Commission. Members need not be residents or owners of
businesses that are within the City, but preference shall be given to individuals who shall
reside or have a principal place of business in the City. Where possible, a minimum of
two (2) members shall be chosen from among the disciplines of architecture, history,
architectural history, archaeology, landscape architecture or planning. A minimum of
three (3) additional members of the Board shall be experienced in the areas of
commercial development, real estate, banking or law. The two (2) remaining members
shall be citizen members at large. The two (2) alternate members shall be from any of the
foregoing professions or citizen members at large. All members shall have demonstrated
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a special interest, experience or knowledge in historic preservation or closely related
disciplines.
Members of the Board shall serve three (3) year terms. Of the initial appointments, four
(4) members shall be appointed for a term of three (3) years and three (3) members shall
be appointed for a term of two (2) years. Alternate members shall be appointed for a term
of two (2) years. Vacancies on the Board, including expired terms shall be filled within
sixty days by persons with the same background as the original appointee, or related
field, in order to maintain the desired Board makeup.
The Board shall hold a minimum of four meetings per year at regular intervals. All
meetings of the Board shall be publicly announced and will have a previously advertised
agenda. The meetings shall be open to the public.
Persons serving on the board are encouraged to attend educational meetings or workshops
to develop a special interest, expertise, experience or knowledge in preservation,
architecture, or quasi-judicial boards.
The City shall appoint a professionally qualified historic preservation planner to advise
and assist the Board, carry out delegated responsibilities, and undertake the requirements
for Certified Local Government certification.
C. Procedures and Quorum.
The Board shall establish adopt rules of procedures,
subject to any limitations prescribed by law. The rules of procedures shall be available
for public inspection upon request. Four (4) members shall constitute a quorum for the
transaction of business.
The Board shall select a chairman and other officers and shall prescribe their duties and
powers. Planning and Zoning staff and a City Attorney shall attend all meetings, acting
in an advisory capacity and participating fully in Board discussions, but having no right
to vote. The Board shall keep minutes of it proceedings, record the vote on each question
and keep records of its discussions, recommendations and other official actions.
Summary minutes will be prepared and made available to the public after adoption by the
Board.
D. Removal.
Any member of the Board may be removed pursuant to the
procedures outlined in the City Code of Ordinances.
E. Powers and Duties of the Board.
The Board shall have the following powers
and duties within the incorporated city limits of Boynton Beach, Florida:
1.
To recommend to the City Commission the following:
a.
Nomination of Properties and Districts to the National Register of
Historic Places, as a required duty of being a Certified Local Government.
b.
Nominations of Properties and Districts to the Boynton Beach
Register of Historic Places.
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c.
Adoption, modification, or replacement of a Design Guidelines
Handbook.
2.
To hold public hearings and to approve or deny applications for
Certificates of Appropriateness or Certificates of Economic Hardship affecting
proposed or designated Properties or Properties within Districts;
3.
To advise and assist owners of Properties on physical and financial aspects
of preservation, renovation, rehabilitation and reuse, and on procedures for
inclusion in the National Register of Historic Places;
4.
To call upon available City staff members as well as other experts for
assistance and/or technical advice;
5.
To testify before all boards and commissions on any matter affecting
historically, culturally, archaeologically, and architecturally significant Properties
and Resources;
6.
To confer recognition upon the owners of Properties and Districts by
means of certificates, plaques or markers;
7.
To recommend amendments or changes to this ordinance;
8.
To inform and educate the citizens of the City concerning the historic,
cultural, archaeological, and architectural heritage of the City;
9.
To participate in survey and planning activities of the Certified Local
Government;
10.
To coordinate with the State of Florida's Division of Historical Resources
Certified Local Government program by satisfying the following
requirements:
a.
The State Historic Preservation Officer shall be given thirty (30)
calendar days prior notice of all meetings and within thirty (30) days
following such meetings shall be provided with the minutes and record of
attendance of the Historic Resources Preservation Board and the public.
b.
The State Historic Preservation Officer shall be notified of any
change of Historic Resources Preservation Board members within thirty
(30) days of their appointment.
c.
Notify the State Historic Preservation Officer immediately of all
new historic designations or alterations to existing designations.
d.
Submit amendments to the ordinance to the State Historic
Preservation Officer for review and comment at least thirty (30) days prior
to adoption.
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e.
Submit an annual report by November 1 covering activities of the
previous October 1 through September 30 and shall include the following
information:
(1) A copy of the Rules of Procedure;
(2) A copy of the Historic Preservation Ordinance;
(3) Resumes of the Historic Resources Preservation Board
members;
(4) Changes to the Historic Resources Preservation Board
membership;
(5) New local designations and National Register listings;
(6) A review of survey and inventory activity with a
description of the system used;
(8) A program report on each grant-assisted activity; and
(9)Number of projects reviewed.
11.
To undertake any other actions or activity necessary or appropriate to the
implementation of its powers and duties or to implementation of the
purpose of this ordinance.
Part III (LDR), Chapter 4, Article IX, Section 6 (Building, Construction, and Historic Preservation)
Section 6. Historic Preservation Requirements.
A. 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:
1.
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;
2.
Ensure the harmonious, orderly, and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
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3.
Strengthen civic pride and cultural stability through neighborhood
conservation;
4.
Contribute to the stabilization of the economy of the city through the
continued use, preservation, conservation and revitalization of its Resources;
5.
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;
6.
Promote the use of Resources for the education, pleasure, and welfare of
the people of the City;
7.
Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions within
the city’s historic districts and neighborhoods;
8.
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;
9.
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;
10.
Avoid demolition, or other adverse effect on historic properties
(Properties) and Districts, which would cause an irreparable loss to the City;
11.
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.
B. 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.
C. 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, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, 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%
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of the Buildings shall normally be at least fifty years old. and / or 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;
b.
Association with the lives of persons significant in the City’s past;
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; or
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
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g. A property achieving significance within the past 50 years if it is of
exceptional importance.
3. Procedures.
a. Eligible Applicants.
Applications for historic designation may be
initiated by only the following:
(1) Historic Resources Preservation Board, herein referred to
as “Board” (see Chapter 1, Article VII, Section 4).
(2) City Commission.
(3) A property owner for designation of a Site.
(4) A simple majority of property owners within the proposed
District under consideration for designation.
Only the Board or the City Commission may initiate designation of
a property or district owned by the City, County, State or by an
entity created by state law. For District designations, each
Property shall be allotted one vote. The identity of the property
owners shall be determined by the most current Palm Beach
County Property Tax Rolls.
b. Application Form.
Nominations for historic designations shall
be made only on application forms approved by the Board.
c. Board Agenda.
Following staff determination that an
application for designation is complete; the application shall be scheduled
for a public hearing by the Board.
d. Board Public Hearing Notice.
The Board shall advertise and
hold a public hearing in accordance with the following public noticing
requirements. Section 166.041, Florida Statutes.
Notice of the time, place and subject matter of the hearing shall be
published in a newspaper of general circulation in the City, mailed to the
applicant and mailed to any owner of real property within 400 feet of the
property or district subject to potential designation, at least 30 10 calendar
days prior to the date set for the public hearing.
For the proposed designation of an individual site, one (1) sign for each
street frontage of the property shall be posted in a prominent location no
less than 10 calendar days prior to the hearing. In the case of a proposed
historic district, signs will be placed in prominent locations along public
streets at the outer boundaries of the proposed district in such a manner as
will assure that the signs will be seen by as many affected property owners
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as possible. Signs shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date, time and
location of the hearing, and a statement that the application being
considered is available for inspection in the Development Department of
the City of Boynton Beach. Minimum sign size shall be 24” wide by 18”
high.
e. No Action Permitted During Pendency.
During the period that
a designation application is pending, no changes to the property or district
shall be made unless first approved by the Board. The application is
considered “pending” until the final decision on the designation is made
by the City Commission.
f. Board Recommendations.
The Board shall make a
recommendation as to the proposed designation at the public hearing,
based on findings of fact which support the recommendation. The Board’s
recommendation shall be reduced to writing within 15 working days after
the hearing date. If the Board votes to recommend approval, it will
forward the application with recommendations to the City Commission. If
the Board recommends denial, no further action is required unless an
applicant, or not less than two-thirds of the affected property owners (in
the case of a District), appeals to the City Commission. In such event the
City Commission may reconsider designation or require the Board to do
so.
g. City Commission Decision.
Following the Board hearing, a
designation application with a Board recommendation for approval shall
be scheduled for hearing by the City Commission. The City Commission
may approve or deny the designation application. Alternatively, the City
Commission may approve the designation with conditions or delay
designation for up to one (1) year. The City commission shall make
written findings of fact on which its decision is based.
h. Boynton Beach Register of Historic Places.
A Resource
designated by the City Commission as historic shall be listed in the
Boynton Beach Register of Historic Places. The Register shall be updated
periodically and the inventory material will be open to the public.
Inventory materials shall be compatible with the Florida Master Site File
and duplicates of all inventory materials will be provided to the State
Historic Preservation Office. Resources listed in, or eligible for listing in
the National Register or on the Boynton Beach Register of Historic Places,
either as a Property or as a Contributing Property within a District, may be
entitled to modified enforcement of the City’s applicable building and
zoning codes, if in accord with the Design Guidelines Handbook.
i. Designation Recorded.
The historic designation ordinance
shall be recorded in the Official Records of Palm Beach County.
Boundaries for historic districts and individual properties identified in the
ordinance shall be clearly established. The designation shall be noted in
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the official records of the City’s Planning & Zoning and Building
Departments to ensure that all City actions taken in connection with the
subject property or district are taken subject to the designation.
j. Historic District Street Signs.
For Districts, the City shall
erect standardized street signs identifying the District within two (2) years
from the date of such designation, subject to economic feasibility. The
design shall be first approved by the Board.
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 a
contributing 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 through prompt
corrections of any of the following defects:
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(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.
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8. Designated Historic Sites
The following Historic Sites have been
established:
a. National Register
Boynton Woman’s Club
(1), 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).
Boynton School
(2), 141 East Ocean Avenue, located on Lot
3, Block 4 of Sawyer’s Addition, City of Boynton Beach,
Florida. (Published 3/7/1994).
D. 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. Board Approval Required.
a. Board Approval.
Utilizing the Design Guidelines Handbook,
the Board reviews applications for Certificates of Appropriateness for
alterations, new construction, demolitions, relocations, and Certificates of
Economic Hardship affecting proposed or designated Properties or
Properties within Districts.
b. Delegation of Review Authority.
The Board may delegate to
staff the authority to administratively review and grant a Certificate of
Appropriateness without formal action by the Board. This delegation of
review shall be depicted in a “Historic Resources Preservation Board
Certificate of Appropriateness Approval Matrix” (the “Matrix”). The
Matrix will contain a list of design features, such as roofing materials,
window types, shutter types, etc. The Matrix will indicate whether such
features may be administratively reviewed or if Board review is required.
The Board shall approve or amend the “Historic Resources Preservation
Board Certificate of Appropriateness Approval Matrix” as needed. This
delegation of review may also be returned to the Board at its discretion. In
conducting its reviews, staff will utilize the Design Guidelines Handbook
as one analytical tool in evaluating any applications.
If staff does not grant administrative approval of an application, the
application will may be referred to the Board for review. Any applicant
may request referral to the Board rather than administrative review. An
application referred by staff or an applicant will be considered in
accordance with the application review schedule contained in Section
2(B)b below.
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2. Application Procedure, Fees and Review.
a. Application and Fees.
Requests for Certificates of
Appropriateness shall be made only on application forms approved by the
Board. Submittal of the application must be made with the appropriate site
plans, drawings, photographs, descriptions, and other documentation
needed to provide staff and the Board with a clear understanding of the
proposed action. Application fees and other applicable charges shall be
established by resolution adopted by the City Commission.
b. Completeness Review and Board Agenda.
Staff shall review all
applications for Certificates of Appropriateness to determine whether an
application is complete. If the application is incomplete, staff will notify
the applicant of what additional information is necessary. An application
will not be reviewed until staff determines that it is complete.
All Certificate of Appropriateness applications eligible for administrative
review will be reviewed in a timely manner and a written decision sent to
the applicant. All Certificate of Appropriateness applications requiring
Board review will be scheduled for hearing by the Board at the first
available meeting approximately six weeks after receipt of the completed
application. The meeting shall be publicly announced and will have a
previously advertised agenda. The Board may suspend action on the
application for a period not to exceed thirty days in order to seek technical
advice from outside its members or to meet further with the applicant to
revise or modify the application. Notice of time, place and subject matter
of the hearing shall be published in a newspaper of general circulation in
the City not less than 10 days before the meeting. A sign stating that an
application will be considered by the Board shall be posted by the
applicant at the Property not less than 10 days before the meeting.
c. 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:
(1) 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 and environment.
(2) 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.
(3) 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.
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(4) Most Properties change over time; those changes that have
acquired historic significance in their own right shall be retained
and preserved.
(5) Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
(6) 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.
(7) Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of buildings or Structures, if appropriate, shall be
undertaken using the gentlest means possible.
(8) Significant archaeological resources affected by a project
shall be protected and preserved. If such resources must be
disturbed, mitigation measures shall be undertaken.
(9) 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.
(10) 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.
d. Additional Criteria.
The above Standards for Rehabilitation shall
be supplemented by the following criteria specific to certain types of
requests:
(1) New Construction and Alterations. The following design
elements and features should be visually compatible with
Resources in the Surrounding Buildings. When the building is
situated within a Historic District, the term Surrounding Buildings,
as utilized in item a. through item i. below, shall be expanded to
include those Contributing Properties within the entire District.
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All new construction and Alterations to existing buildings within a
designated historic district or on an individually designated
property shall be visually compatible.
(a) 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 consistent with that of the existing
buildings in the Historic District. Surrounding Buildings.
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.
(b) Building Height. The height of the Building at
street level should be visually compatible in comparison or
relation to with the height of the existing contributing
buildings in the Historic District. Surrounding Buildings.
(c) Design Styles. New Buildings should take their
design cues from the prevailing architectural styles within
the Historic District. Surrounding Buildings. Traditional or
contemporary design standards and elements should relate
to the existing styles. Surrounding Buildings.
(d) 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.
Surrounding Buildings.
(e) Rhythm of Solids to Voids. The relationship
between solids (walls) and voids (windows and doors) of a
Building should be visually compatible with existing
contributing buildings within the Historic District. the
Surrounding Buildings.
(f) 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.
(g) Relationship of Materials and Textures. The
materials and textures of a Building should be chosen with
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the predominant materials of the Historic District in mind.
Simplicity in such use is preferable.
(h) Roof Shapes. The roof shape of a Building is a
major distinguishing feature. The roof shape of a new
Building should be compatible with the roof shape of
existing contributing buildings within the those of the
Buildings in the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(i) 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 Surrounding Buildings without overwhelming
them.
(2)Additions.
(a) Locate an addition to the rear or least visible sides
of historic structures. Locating an addition on the front
elevation should be avoided.
(b) Minimize the loss of historic materials from the
historic structure and protect character-defining features.
(c) 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.
(d) Differentiate the addition from the historic
structure.
(e) 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.
(f) Continue the design elements on all elevations of
the new construction, not only those elevations that can be
viewed from the street.
(g) Design and construct the addition so that, if
removed in the future, the essential form and integrity of
the historic structure will be unimpaired.
(h) Limit the size and number of openings between the
old and new building by utilizing existing doors or by
enlarging existing windows.
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(3) Demolition.
(a) 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 a good cause showing that such
requirement would be unduly harsh or would result in a
substantial hardship to the Property owner.
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 a 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:
(i) The Resource contributes significantly to the
historic character of a designated Property or
District.
(ii) The Resource is listed on the National
Register.
(iii) The Resource is one of the last remaining
examples of its kind in the neighborhood or City.
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(iv) The Resource is capable of being repaired
and reused in a practical and feasible manner.
(v) 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.
(vi) Granting a Certificate of Appropriateness
for the Demolition would result in an irreparable
loss to the City of a significant Resource.
(vii) The plans for the simultaneous new
construction (if the Demolition is granted) are not
compatible with the Property or District.
(b) 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.
(c) Salvage and Preservation of Specific Features.
The City Commission upon recommendation by the
Board may require the Property owner, at City expense, to
salvage and preserve specified classes of building
materials, architectural details, ornaments, fixtures and the
like.
(d) 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
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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.
(4) Relocation. The existence of one or more of the
following conditions may be the basis for denial of a relocation
application:
(a) 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.
(b) There are no definite plans for the area to be
vacated.
(c) There are definite plans for the area to be vacated
that may adversely affect the character of the District.
(d) The Resource cannot be moved without significant
damage to its physical integrity.
(e) The proposed relocation area is not compatible with
the historic, cultural, and architectural character of the
Resource.
(f) 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. Decisions.
Decisions regarding application for Certificates of
Appropriateness shall be based on the application, the application’s
compliance with this Ordinance, and the evidence and testimony presented
in connection with the application.
In reviewing an application, staff and the Board shall be aware of the
importance of finding a way to meet the current needs of the property
owner. The Staff and the Board shall also recognize the importance of
recommending approval of plans that will be reasonable for the property
owner to carry out. Any conditions or requirements imposed shall be
reasonably related to the Certificate of Appropriateness sought by the
applicant.
f. Notice of Decision on Application.
Staff shall notify the
applicant in writing of any decision on the application within five (5)
working days from the date of the decision.
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g. 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.
E. Certificate of Economic Hardship.
Prior to taking an appeal of a decision to the
Board City Commission on an application for Certificate of Appropriateness, an applicant
may file an application for a Certificate of Economic Hardship.
1. Application and Procedures.
a. Application.
A Certificate of Economic Hardship application
must be submitted within 30 days of the date of the hearing at which the
Board’s decision on the application is announced.
b. Board Agenda and Notice.
The Board shall schedule a public
hearing within 60 working days from the receipt of the application and
shall provide notice of such hearing in the same manner as for the
Certificate of Appropriateness application.
c. Negotiations Prior to Certificate of Economic Hardship
Hearing.
During the period between receipt of the Certificate of
Economic Hardship application and the Board’s public hearing, the
applicant shall discuss the proposed action with staff, other City officials
and local preservation organizations to consider alternatives that will
avoid an economic hardship and have the least adverse effect to the
Property and/or the District. Staff may request information from various
City departments and other agencies in order to negotiate an alternative
resolution that is in the best interest of the applicant and the City. If
negotiations are successful, staff shall make written recommendations to
the Board regarding such alternatives.
d. Determination of Economic Hardship.
The applicant has the
burden of proving by competent substantial evidence that the Board’s
decision regarding the Certificate of Appropriateness application has
caused or will cause an unreasonable economic hardship. To determine
economic hardship, the Board may request the following:
(1)Proposed construction, alteration, demolition and removal
costs;
(2)structural and condition reports from a licensed
professional with experience in assessing historic buildings;
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(3)estimates as to the economic feasibility of rehabilitation or
reuse;
(4) the purchase price of the property, recent appraisals,
assessments, and real estate taxes;
(5)details of any income obtained from the property and cash
flows;
(6) the status of any leases or rentals; and,
(7)all other information considered necessary by the Board to
determine whether the property does or may yield a
reasonable return to the owner.
The effect of denial of the application for Certificate of Economic
Hardship is that the decision regarding the Certificate of Appropriateness
is upheld. If the application for Certificate of Economic Hardship is
granted, the Board may issue the Certificate of Economic Hardship
without conditions. Alternatively, the Board may issue the Certificate with
conditions that will avoid the economic hardship and have the least
adverse effect to the Property and the District.
Such conditions may include, but are not limited to: ad valorem tax relief,
loans or grants, requiring the owner to market and offer the Property for
sale for a fair market price with appropriate preservation protections for a
period of time not to exceed six (6) months, acquisition by a third party for
a fair market value, Building and Zoning Code modifications, relaxation
of the provisions of this ordinance, recommendation by the City Manager
some or all of the applicable Board fees be waived, or such other relief as
appropriate.
F. Appeal of Certificate of Appropriateness and Certificate of Economic
Hardship Decisions.
Any applicant may appeal a decision of the Board to the City
Commission regarding an application for Certificate of Appropriateness and/or an
application for Certificate of Economic Hardship. The applicant shall file a written
notice of the appeal with staff within 30 days of the date of the hearing at which the
Board’s decision on the application is announced. The City Commission shall place the
matter on the Commission’s agenda within 45 working days from the date of the written
notice of appeal. The meeting at which the appeal is placed on the agenda shall be no
later than 60 working days from the date of the written notice of appeal.
Consideration of the appeal by the City Commission shall be de novo review. The City
Commission shall be required to apply the applicable standards and criteria set forth in
this ordinance.
A decision of the City Commission may be appealed to a court of competent jurisdiction
within thirty (30) days after the hearing at which the decision is announced.
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G. Enforcement and Penalties.
The City or any other legal authority shall enforce
any violation of this article pursuant to the penalty provisions contained in Chapter 1,
Article I, Section 7 of these Land Development Regulations.
H. Miscellaneous.
1. Historic Preservation Property Tax Exemption Program.
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 Properties listed in
the Boynton Beach Register of Historic Places and the National Register of
Historic Places qualifying properties.
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 ten (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.
1A. Tax Exemption for Historic Properties
a. Definitions.
(1) Alteration. Any construction or change of the exterior of a
building, site, or structure designated as a site or site within a
district. For buildings, sites, or structures, alteration shall include,
but is not limited to the changing of roofing or siding materials;
changing, eliminating, or adding doors, moldings, fretwork, door
frames, windows, window frames, shutters, fences, railings,
porches, balconies, signs, or other ornamentation; regrading; fill;
imploding or other use of dynamite. Alteration shall not include
ordinary repair or maintenance, or changing of paint color.
(2) Noncontributing Property. A building, site, structure, or
object which does not add to the historic architectural qualities,
historic associations, or archaeological values for which a district
is significant because 1) it was not present during the period of
significance; 2) due to alterations, disturbances, additions, or other
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changes, it no longer possess historic integrity reflecting its
character at that time or is incapable of yielding important
information about the period; or 3) it does not independently meet
the National Register of Historic Places criteria for evaluation.
(3) Notice. To an Interested Party, notice shall be by U.S. Mail
and deemed given as of the date of mailing. For all other persons,
notice shall be by publication.
b. Tax Exemption for Historic Properties.
(1) The City Commission hereby creates a tax exemption for
the 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 renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant
to section 9(b) or section 12, Article VII, of the Florida
Constitution; or
(c) Personal property.
c. Qualifying Properties and Improvements.
(1) 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:
(a) Is individually listed in the National Register of
Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended; or
(b) Is a contributing property to a national register-
listed district; or
(c) 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
(d) Has been certified by the Board as satisfying
subparagraphs (1)(a), (1)(b), or (1)(c) above.
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The exemption does not apply to improvements made to non-
contributing principal buildings or non-contributing accessory
structures.
(2) For an improvement to a historic property to qualify the
property for an exemption, the improvement must:
(a) Be consistent with the United States Secretary of
Interior's Standards for Rehabilitation, as amended,
(b) Be determined by the Board to meet criteria
established in rules adopted by the Department of State,
Division of Historical Resources, FAC lA-38, as amended,
and
(c) Be consistent with any ordinance of the city
designating the property as historic or designating the
historic district in which the property is located.
d. 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.
e. 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
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Department of State, Division of Historical Resources and applicable for
the term for which the exemption is granted.
f.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.
g.Review of Preconstruction Application.
A review of the
Preconstruction Application shall be completed by the City in accordance
with the established schedule and process.
(1) 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.
(2) 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.
h. Appeals to the Historic Resources Preservation Board.
(1) Within ten (10) days of receipt of notice that the City has
denied a Preconstruction Application, the applicant may file an
appeal of the denial to the Board. The appeal shall be filed on a
form prepared by the City and 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 properties.
(2) If the Board denies the appeal, the applicant may appeal the
action of the Board to the City Commission.
i.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
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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.
j.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.
k.Final Application and Request for Review of Completed Work.
(1) 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.
(2) 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.
(3) 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.
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l.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.
m. 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.
n.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 3) the resolution
of the City Commission approving the Final Application and authorizing
the tax exemption.
o. 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.
p.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:
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(1) Revocation Proceedings.
(a) 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;
(b) 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;
(c) 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;
(d) 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
(2) 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.
q.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
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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.
2. 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.
3. Unsafe Buildings and Structures.
Should the Building Official
determine that a Historic Property 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. Where reasonably feasible, 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 affecting a Historic Property
or a 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.
4. 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 satisfactorily 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
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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).
5. 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. 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.
6. 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.
I. Standards for Archaeological Work; Discovery of Archaeological 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.
Archaeological surveys, assessments,
excavations, and other work required by this ordinance shall be conducted by a
qualified, professional archaeologist 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.
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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.
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