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12-008 1 2 ORDINANCE NO. 12 -008 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING PART III — LAND 5 , DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, 6 DEFINITIONS; AMENDING CHAPTER 1, ARTICLE VII, 7 1 ADMINISTRATIVE AND DECISION MAKING BODIES, SECTION 4; 81 AMENDING CHAPTER 4, ARTICLE IX, BUILDING, CONSTRUCTION 9, AND HISTORIC PRESERVATION, SECTION 6, ALL AMENDMENTS 10 ARE NECESSARY FOR CERTIFIED LOCAL GOVERNMENT 11 CERTIFICATION FROM THE DEPARTMENT OF STATE, DIVISION 12 OF HISTORICAL RESOURCES; PROVIDING A CODIFICATION, 13 SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. 14', i 15 WHEREAS, the City is in the process of applying to the Department of State, 16 ' Division of Historical Resources for Certified Local Government (CLG) certification;; and. 17 WHEREAS, the benefits of CLG certification include eligibility to apply for federal 18 funds allocated for CLG certified municipalities, participation in the review and approval of 1 19 nominations to the National Register, technical training and assistance and formal recognition 20 that the City Historic Preservation Program meets state and federal standards; and � 21 WHEREAS, upon staff recommendation, the City Commission approves the i 1 221 amendments contained herein to the City's Historic Preservation Ordinance so that Certified 231 Local Government certification can be obtained from the Department of State, Division of 24 Historical Resources. , 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 ; THE CITY OF BOYNTON BEACH, FLORIDA that: 1 27 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 28 ratified and confirmed by the City Commission. 1 1 1 Section 2. Chapter 1, Article II, Definitions, of the Land Development 2 Regulations, is hereby amended by adding the words and figures in underlined type, as 3 follows: 4 ... 5 HISTORIC PRESERVATION - Any definition set forth in 36 C.F.R. Part 60 (the 6 then- current Code of Federal Regulation, as may be amended from time to time) shall 7 be included in the definition for such term (and shall control to the extent there is a 8 conflict of meaning), or as an additional definition, if such term is not otherwise 9 defined: i 10 ALTERATION - Any construction or change of a Resource. ' 11 ' BOARD - The Boynton Beach Historic Resources Preservation Board 12 (HRPB). 13 BOYNTON BEACH REGISTER OF HISTORIC PLACES - An official 14 listing maintained by the City of all Historic Properties and Historic Districts 15 so designated by this ordinance. 16 BUILDING(S) - A construction, such as a house, garage, church, or hotel, 17 created principally to shelter any form of human activity. 18 CERTIFICATE OF APPROPRIATENESS - A document evidencing 19 approval by the Board or the City staff for work proposed by an applicant. 20 CERTIFICATE OF ECONOMIC HARDSHIP - A document evidencing 21 approval by the Board of an application for economic hardship as that term is 22 I defined in this ordinance. 23 ' CERTIFIED LOCAL GOVERNMENT (CLG) - A local government 24 I approved by the Florida Department of State, Division of Historical Resources, 25 ! to perform certain historic preservation functions. 26 CONTRIBUTING PROPERTY - A Property that contributes to the historic 271 significance of a Historic District by location, design, setting, materials, 28 ; workmanship, feeling, and association and thus adds to the District's sense of 29 ! time, place, and historical development. 30 DEMOLITION - Any act or process that partially or totally destroys a 31 i Resource. 32 DESIGN GUIDELINES HANDBOOK - Document utilized by the City 33 ' which illustrates examples of design features, historic styles and treatment 34 j j options which preserve the historical, cultural and architectural character of a 35 i I Historic District or Property. i' i 2 vi 1 DISTRICT - (see Historic District). 2 ECONOMIC HARDSHIP - An onerous, extreme and exceptional economic 3 burden that would be placed upon a property owner by the denial of an 4 application for a certificate of appropriateness or by the imposition of 5 conditions placed on the granting of such certificate. 6 EFFECT - A change in the quality of the historical, architectural, 7 ' archaeological or cultural significance of a Property or District, or in the 8 characteristics that qualify the Property or District as historically important. 9 FLORIDA MASTER SITE FILE - An archive and database of all known 10 archaeological and historical sites and districts recorded within the state of 11 Florida that is maintained by the Florida Department of State Division of 12 Historical Resources and is organized alphabetically by county and 13 ` numerically, as recorded. 14 HISTORIC DISTRICT - A geographically definable area designated by the 15 City Commission as possessing a significant concentration, linkage, or 16 continuity of Properties united historically or aesthetically by plan or physical 17 ` development. 18 HISTORIC PROPERTIES - Those Properties designated by the City 19 . Commission as being of historical, cultural, architectural or archaeological 20 ; importance. 21 ' NATIONAL REGISTER OF HISTORIC PLACES - The official Federal 22, list of Historic Districts, Sites, Buildings, Structures, and Objects significant in 23 American history, architecture, landscape architecture, engineering, 24 archaeology, and culture. Authorized under the National Historic Preservation 25 Act of 1966, and by 36 C.F.R. 60 as each may be amended from time to time, 26 and maintained by the U.S. Department of the Interior. 27 NON- CONTRIBUTING PROPERTY - A classification applied to a 28 Property within a Historic District signifying that it does not contribute to the 29' qualities that give the Historic District cultural, historical, architectural, or 30 I archaeological significance as embodied in the criteria for designation of a 311 District, but which because of its location within a District should follow the 321 review procedures required by this ordinance. 33 ■ OBJECT - A primarily artistic item closely linked to the history of the 34 ' property. Said item is typically relatively small in scale and simply 35 constructed, such as a statue, milepost, statuary, or fountain. 36 1 , PROPERTY - Area of land containing a single historic resource or a group of 37 ; resources, which may include any of a Building, Site, Structure, Object, or 381; District. 1 I it 3 1 RECONSTRUCTION - The process of reproducing by new construction the 2 exact form and detail of a demolished Property as it appeared at a certain point 3 in time. 4 REHABILITATION - The process of repairing or altering a Property so that 5 an efficient, sustainable and appropriate contemporary use is achieved, which 6 while preserving those significant historical, architectural, or cultural features 7 which establish the character of the Property. 8 RELOCATION - Any change of the location of a Building, Structure or 9 Object from its present setting to another setting. 10 RESOURCE - A Building, Site, Structure, Object, or District that reflects 11 historical, archaeological, or cultural significance. 12 RESTORATION - The process of accurately recovering the form and details 13 of a Property as it appeared at a particular period of time, which may involve 14 the removal of later additions or Alterations, or the replacement of missing 15 features. 16 SECRETARY OF THE INTERIOR'S STANDARDS FOR 17 REHABILITATION - A federal document set forth in 36 C.F.R. 67, as 18 amended from time to time, which provides guidance on the sensitive 19 Rehabilitation of a Historic Property. 20 ; SETTING - The physical environment of a Property, including all landscape 21 elements. 22 j SITE - The location of an event, a prehistoric or historic occupation or 23 activity, or a building or structure, whether standing, ruined, or vanished, 24 where the location itself possesses historic, cultural, or archaeological value 25 regardless of the value of any existing structure. 4 26 STRUCTURE(S) - A combination of materials to form a construction, 27 ; generally used to distinguish from Buildings those functional constructions 28 made for purposed s other than creating human shelter. (For example, a bridge, 29 wall, fence, pond). 30 SURROUNDINC BUILDINCS For a Property on an interior lot, the 31 32 -- . 33 properties adjacent to, across both strcets, the property on the diagonal corner, 34 and the properties adjacent to the properties across both streets and adjacent to 35 - - . _ . - • - - .. • - ' .. - . 36�° 4 1 II 1 Section 3. Chapter 1, Article VII, Administrative and Decision Making Bodies, 2 Section 4, of the Land Development Regulations is hereby amended by adding the words and 3 figures in underlined type, as follows: 4 5 Section 4. Historic Resources Preservation Board. 6 7 A. Terms and Definitions. See Chapter 1, Article II for all 8 applicable terms and definitions which pertain to the regulations and standards 9 contained herein. 10 11 B. Establishment, Composition and Terms. The Historic Resources 12 Preservation Board shall consist of seven (7) members and two (2) alternate 13 members who shall be appointed by the City Commission. Members need not 14 be residents or owners of businesses that are within the City, but preference 15 shall be given to individuals who shall reside or have a principal place of 16 business in the City. Where possible, a minimum of two (2) members shall be 17 chosen from among the disciplines of architecture, history, architectural 18 history, archaeology, landscape architecture or planning. A minimum of three 19 (3) additional members of the Board shall be experienced in the areas of 20 commercial development, real estate, banking or law. The two (2) remaining 21 members shall be citizen members at large. The two (2) alternate members 22 shall be from any of the foregoing professions or citizen members at large. All 23 members shall have demonstrated a special interest, experience or knowledge 24; in historic preservation or closely related disciplines. 25; 26 Members of the Board shall serve three (3) year terms. Of the initial 27 1 appointments, four (4) members shall be appointed for a term of three (3) years 28 ! and three (3) members shall be appointed for a term of two (2) years. Alternate 291 ! members shall be appointed for a term of two (2) years. Vacancies on the 30! ' Board, including expired terms shall be filled within sixty days by persons 31 with the same background as the original appointee, or related field, in order to 32 I maintain the desired Board makeup. 33 34 The Board shall hold a minimum of four meetings per year at regular intervals. 351 All meetings of the Board shall be publicly announced and will have a 36 previously advertised agenda. The meetings shall be open to the public. 371 38 `, ' Persons serving on the board are encouraged to attend educational meetings or 39 workshops to develop a special interest, expertise, experience or knowledge in 40; preservation, architecture, or quasi-judicial boards. 411 5 IE i I it 1 The City shall appoint a professionally qualified historic preservation planner 2 to advise and assist the Board, carry out delegated responsibilities, and 3 undertake the requirements for Certified Local Government certification. 4 5 C. Procedures and Quorum. The Board shall establish adopt rules of 6 procedures, subject to any limitations prescribed by law. The rules of 7 procedures shall be available for public inspection upon request. Four (4) 8 members shall constitute a quorum for the transaction of business. 9 10 The Board shall select a chairman and other officers and shall prescribe their 11 duties and powers. Planning and Zoning staff and a City Attorney shall attend 12 all meetings, acting in an advisory capacity and participating fully in Board 13 discussions, but having no right to vote. The Board shall keep minutes of it 14 proceedings, record the vote on each question and keep records of its 15 discussions, recommendations and other official actions. Summary minutes 16 will be prepared and made available to the public after adoption by the Board. 17 18 D. Removal. Any member of the Board may be removed pursuant to 19 the procedures outlined in the City Code of Ordinances. 20 21 E. Powers and Duties of the Board. The Board shall have the 22 following powers and duties within the incorporated city limits of Boynton 23 Beach, Florida: 24 25 1. To recommend to the City Commission the following: 26; 27' a. Nomination of Properties and Districts to the National 28' 1 Register of Historic Places, as a required duty of being a 291 Certified Local Government. 30,! 311 ' b. Nominations of Properties and Districts to the Boynton 321 Beach Register of Historic Places. 33 34 ' c. Adoption, modification, or replacement of a Design 35 Guidelines Handbook. 36 37 , 2. To hold public hearings and to approve or deny applications for 381 Certificates of Appropriateness or Certificates of Economic Hardship 391 affecting proposed or designated Properties or Properties within 401 Districts; 411' 42 3. To advise and assist owners of Properties on physical and 43 financial aspects of preservation, renovation, rehabilitation and reuse, 441 and on procedures for inclusion in the National Register of Historic 45 ! Places; 46; 6 1 4. To call upon available City staff members as well as other 2 experts for assistance and /or technical advice; 3 4 5. To authorize a member of the Board to testify before ally boards 5 andor commissions on any matter affecting historically, culturally, 6 archaeologically, and architecturally significant Properties and 7 Resources; 8i 9 6. To confer recognition upon the owners of Properties and 10 ' Districts by means of certificates, plaques or markers; 11 12 7. To recommend amendments or changes to this ordinance; 13 14 8. To inform and educate the citizens of the City concerning the 15 historic, cultural, archaeological, and architectural heritage of 16 , the City; 17', 18 9. To participate in survey and planning activities of the Certified 19 Local Government; 20I 21 ' 10. To coordinate with the State of Florida's Division of Historical 22 ; ' Resources Certified Local Government program by satisfying 23 ; ' the following requirements: 24', 25I a. The State Historic Preservation Officer shall be given 261 thirty (30) calendar days prior notice of all meetings and within 27 i . thirty (30) days following such meetings shall be provided with 28 the minutes and record of attendance of the Historic Resources 29 ' Preservation Board and the public. 30 31 : b. The State Historic Preservation Officer shall be notified 32 of any change of Historic Resources Preservation Board 33 members within thirty (30) days of their appointment. 34 35 c. Notify the State Historic Preservation Officer 36 immediately of all new historic designations or alterations to 37 existing designations. 38 39 d. Submit amendments to the ordinance to the State 40 , Historic Preservation Officer for review and comment at least 41 thirty (30) days prior to adoption. 42 43 ; e. Submit an annual report by November 1 covering 44 i activities of theprevious October 1 through September 30 and 45 shall include the following information: 46 7 it 1 (1) A copy of the Rules of Procedure; 2 3 (2) A copy of the Historic Preservation Ordinance; 4 5 (3) Resumes of the Historic Resources Preservation 6 Board members; 7 8 (4) Changes to the Historic Resources Preservation 9 , Board membership; 10 11. (5) New local designations and National Register 12 listings; 13 14 ` (6) A review of survey and inventory activity with a 15 , description of the system used; 16'. 17 (8) A program report on each grant- assisted activity; 18 and 19 20 (9) Number of projects reviewed. 21, 22 ; 11. To undertake any other actions or activity necessary or 23 appropriate to the implementation of its powers and duties or to 24 i implementation of the purpose of this ordinance. 25H 26 Section 4. Chapter 4, Article IX, Building, Construction and Historic Preservation 27 ; Requirements, Section 6, of the Land Development Regulations is hereby amended by adding 28 j the words and figures in underlined type, as follows: 30; Section 6. Historic Preservation Requirements. 31 32 ! A. Purpose and Intent. These provisions are designed to identify, 33 I ; protect, restore and encourage the reuse of Resources, all of which are essential 34 ' to the City's health, safety, morals and its economical, educational, cultural, 35 and general welfare. These valid public purposes shall be fulfilled by the 36 j ordinance, to achieve the following goals: 37 38 ; i 1. Preserve, protect, enhance and perpetuate Resources which 39 represent distinctive and significant elements of the City's historical, 40 cultural, social, economical, political, archaeological, and architectural 41 j identity; and/ or serve as visible reminders of the City's culture and 42 heritage; 43 8 II 1 2. Ensure the harmonious, orderly, and efficient growth, prosperity 2 and development of the City through retention and reuse of its historic 3 and cultural Resources; 4 5 3. Strengthen civic pride and cultural stability through 6 neighborhood conservation; 7 8 4. Contribute to the stabilization of the economy of the city 9 through the continued use, preservation, conservation and revitalization 10 of its Resources; 11 } 12 5. Protect and enhance the city's historic, cultural and architectural 13 , attractions to tourists and visitors and the support and stimulus to 14 ; business and industry thereby provided; 15, 16 6. Promote the use of Resources for the education, pleasure, and 17 welfare of the people of the City; 18 19 ' 7. Provide a review process for the continued preservation and 20 appropriate, compatible and sensitive development of new construction 21 i and additions within the city's historic districts and neighborhoods; 22! 23 8. Protect and enhance the scale, character and stability of existing 24 neighborhoods, and protect against destruction of or encroachment 25 upon areas which contribute to the character of the City; 26 , I 27 , ' 9. Facilitate the creation of a convenient, harmonious and 28 attractive community, and protect the architectural beauty, special 29 architectural features, and special landscape features of the City; 30 31 10. Avoid demolition, or other adverse effect on historic properties 32 (Properties) and Districts, which would cause an irreparable loss to the 33 ' City; 34' 35 11. Assist neighborhoods to achieve a positive neighborhood 36 identity and sense of place. 37 38 In addition, these provisions are designed to implement, be consistent 39 with, and assist in the achievement of the goals, objectives and policies, 40 as specifically required by the City's Comprehensive Plan, with respect 41 to historic, conservation, and neighborhood Resources. 42, 43 j B. Terms and Definitions. See Chapter 1, Article II for all 44 applicable terms and definitions which pertain to the historic preservation 45 regulations and standards contained herein. 46 9 1 C. Designation of Historic Properties and Districts. 2 3 1. Guidelines for Historic Designation. To qualify as a 4 Property or a District, individual properties must have significance in 5 American history, architecture, archaeology, engineering or culture and 6 possess integrity of location, design, setting, materials, workmanship, 7; and association. For Districts, eligibility is based on the establishment 8 of historic contexts or themes which describe the historical relationship 9 of the Properties within the district. Individual Buildings shall 10 normally be at least 50 years old and, in the case of a District, at least 11 50% of the Buildings shall normally be at least fifty years old. a ar 12 Buildings shall also be significant in one or more of the following 13 areas: 14; 15' a. Association with events that have made a significant 16 contribution to the broad patterns of the City' s history; 17 18 , b. Association with the lives of persons significant in the 19 ' City's past; 20 21 c. Embodies the distinctive characteristics of a type, period 221 or method of construction, or represents the work of a master, or 231 possesses high artistic values, or represents a significant and 241 distinguishable entity whose components may lack individual 25 , distinction; OF 26 27 d. Has yielded, or may be likely to yield, information 28 important in prehistory or history; or 29 301 e. Is listed in the National Register of Historic Places. 31 321 2. Criteria Considerations. Ordinarily cemeteries, 33 birthplaces, graves of historical figures, properties owned by religious 341 institutions or used for religious purposes, structures that have been 35 I moved from their original locations, reconstructed historic buildings, 36 ! ! properties primarily commemorative in nature, and properties that have 371 achieved significance within the past 50 years shall not be considered 381 eligible for the Boynton Beach Register of Historic Places. However, 39' such properties will qualify if they are integral parts of districts that do 40 ; meet the criteria or if they fall within the following categories: 41 42 a. A religious property deriving primary significance from 43 architectural or artistic distinction or historical importance; or 44 I I 45 b. A building or structure removed from its original location but 46 I which is primarily significant for architectural value, or which 10 II 1 is the surviving structure most importantly associated with a 2 historic person or event; or _ 3 4 c. A birthplace or grave of a historical figure of outstanding 5 importance if there is no appropriate site or building associated 6 with his or her productive life; or 7 8 d. A cemetery that derives its primary importance from graves 9 of persons of transcendent importance, from age, from 10 distinctive design features, or from association with historic 11 events; or 12 13 e. A reconstructed building when accurately executed in a 14 suitable environment and presented in a dignified manner as 15 part of a restoration master plan, and when no other building or 16; structure with the same association has survived; or 17 18' f. A property primarily commemorative in intent if design, age, 19 : tradition, or symbolic value has invested it with its own 201 exceptional significance; or 21 22 g. A property achieving significance within the past 50 years if 23 it is of exceptional importance. 24 25' 3. Procedures. 26'' 27, ' a. Eligible Applicants. Applications for historic 281 designation may be initiated by only the following: 291 30' (1) Historic Resources Preservation Board, herein 31' � referred to as "Board" (see Chapter 1, Article VII, 32 i Section 4). 33'' 34; (2) City Commission. 35 36 (3) A property owner for designation of a Site. 37 ' 38 (4) A simple majority of property owners within the 39 ' proposed District under consideration for designation. 40� 41' Only the Board or the City Commission may initiate 42 , designation of a property or district owned by the City, 43 County, State or by an entity created by state law. For 44 ' District designations, each Property shall be allotted one 451; vote. The identity of the property owners shall be 11 I 11 si 1 determined by the most current Palm Beach County 2 Property Tax Rolls. 3 4 b. Application Form. Nominations for historic 5 designations shall be made only on application forms approved 6 by the Board. 7 8 c. Board Agenda. Following staff determination that 9 an application for designation is complete; the application shall 10 be scheduled for a public hearing by the Board. 11 12 d. Board Public Hearing Notice. The Board shall 13 I advertise and hold a public hearing in accordance with the 14 following public noticing requirements. Section 166.041, 15 Florida Statutes. 16' 17 Notice of the time, place and subject matter of the hearing shall 18 ' ' be published in a newspaper of general circulation in the City, 19 �� mailed to the applicant and mailed to any owner of real property 20 , within 400 feet of the property or district subject to potential 21 , ; designation, at least 38 10 calendar days prior to the date set for 22 ; the public hearing. 23 24 I For the proposed designation of an individual site, one (1) sign 25 for each street frontage of the property shall be posted in a 26 prominent location no less than 10 calendar days prior to the 27 hearing. In the case of a proposed historic district, signs will be 28 ; placed in prominent locations along public streets at the outer 29' ' boundaries of the proposed district in such a manner as will 30 f , assure that the signs will be seen by as many affected property 31 ; owners as possible. Signs shall be legible from a distance of 100 32 ' feet and shall contain a description of the approval being 33 I sought, the date, time and location of the hearing, and a 34 ' statement that the application being considered is available for 35 ; inspection in the Development Department of the City of 36 Boynton Beach. Minimum sign size shall be 24" wide by 18" 37 high. 38 39 e. No Action Permitted During Pendency. During the 40 ! period that a designation application is pending, no changes to 41 ; the property or district shall be made unless first approved by 42 the Board. The application is considered "pending" until the 43 final decision on the designation is made by the City 44 I ' Commission. 45 1 I i � 1 12 1 f. Board Recommendations. The Board shall make a 2 recommendation as to the proposed designation at the public 3 hearing, based on findings of fact which support the 4 recommendation. The Board's recommendation shall be 5 reduced to writing within 15 working days after the hearing 6 date. If the Board votes to recommend approval, it will forward 7 the application with recommendations to the City Commission. 8 If the Board recommends denial, no further action is required 9 unless an applicant, or not less than two - thirds of the affected 10 property owners (in the case of a District), appeals to the City 11 Commission. In such event the City Commission may 12 reconsider designation or require the Board to do so. 13 14 g. City Commission Decision. Following the Board 15 hearing, a designation application with a Board 16 recommendation for approval shall be scheduled for hearing by 17 the City Commission. The City Commission may approve or 18 deny the designation application. Alternatively, the City 19 Commission may approve the designation with conditions or 20 delay designation for up to one (1) year. The City commission 21 shall make written findings of fact on which its decision is 22 based. 23 24 h. Boynton Beach Register of Historic Places. A 25 Resource designated by the City Commission as historic shall 26 be listed in the Boynton Beach Register of Historic Places. The 27 Register shall be updated periodically and the inventory 28 material will be open to the public. Inventory materials shall be 29 compatible with the Florida Master Site File and duplicates of 30 all inventory materials will be provided to the State Historic 31 Preservation Office. Resources listed in, or eligible for listing 32' in the National Register or on the Boynton Beach Register of 33. Historic Places, either as a Property or as a Contributing 34' Property within a District, may be entitled to modified 35 , enforcement of the City's applicable building and zoning codes, 36 if in accord with the Design Guidelines Handbook. 37 38 i i. Designation Recorded. The historic designation 39 , ordinance shall be recorded in the Official Records of Palm 40; Beach County. Boundaries for historic districts and individual 41 properties identified in the ordinance shall be clearly 42 ' established. The designation shall be noted in the official 43 records of the City's Planning & Zoning and Building 44 ; j Departments to ensure that all City actions taken in connection 45 ; with the subject property or district are taken subject to the 46 ; designation. 13 �� I it 1 2 j. Historic District Street Signs. For Districts, the 3 City shall erect standardized street signs identifying the District 4 within two (2) years from the date of such designation, subject 5 to economic feasibility. The design shall be first approved by 6 the Board. 7 8 4. Removal of Designation. A designation may be removed by 9 the City Commission based upon the Board's recommendation. Such 10 recommendation shall be based upon new and compelling evidence and 11 evaluation of work or natural cause producing an adverse effect to a 12, Property or District. The same guidelines and the same procedures 13 established for designation shall be considered for a removal of ' 14,1 designation. 15 ' 16 5. Designation of County, State or Other Political Subdivision 1 17 . Properties. County, state or political subdivision entity -owned 18 , Properties may be designated as a Property or District if such 191 designation is not prohibited or preempted by law, or otherwise 20I i provided for in the Intergovernmental Coordination Element of the 21 Comprehensive Plan. In the absence of prohibition, preemption, or 22 . , other agreement, such other government may only avoid designation of 23 , ; its Property by bearing the burden of proof that public interests, on 24 ; balance, are best served by avoiding such designation. Such 25' ! determination shall be established by the process as set forth in this 26 ! ordinance. Once designated, unless reversed upon appeal, such 27 designated Property or District shall comply with and be regulated by 281 all regulations contained in this ordinance. 29' 301 6. Maintenance and Repair of Designated Properties; 311 Demolition by Neglect Prohibited. 32' 33 a. Ordinary Maintenance or Repair. Nothing in this 34 chapter shall be construed to prevent the ordinary maintenance 35 or repair of any exterior elements of any building or structure 36 that does not involve a change of design, appearance or 37 material, and which does not require a building permit. 38 H 39 b. Affirmative Maintenance Required. The owner 40 of a property designated pursuant to this chapter either 41 individually or as a contributing part of a district or zone shall 42 j comply with all applicable codes, laws and regulations 43 j governing the maintenance of property. It is the intent of this 44 1 1 , section to preserve from deliberate or inadvertent neglect the 45 ' ' exterior features of such properties and the interior portions 46 1 f thereof when maintenance is necessary to prevent deterioration I 14 1 1 and decay of the property. All such properties shall be preserved 2 against decay and deterioration and shall be free from structural 3 defects through prompt corrections of any of the following 4 defects: 5 6 (1) Facades that fall and injure the subject property, 7 adjoining property or members of the public; 8 9 (2) Deteriorated or inadequate foundations, defective 10 or deteriorated flooring or floor supports, deteriorated 11 walls or other vertical structural supports; 12 13 (3) Members of ceilings, roofs,. ceiling and roof 14 supports or other structural members that may rot, sag, 15 split or buckle due to defective material or deterioration; 16 17 (4) Deteriorated or ineffective waterproofing of 18 exterior walls, roofs, foundations or floors, including 19 broken, unsecured or missing windows or doors. 20 21 (5) Any fault or defect in the property that renders it 22 structurally unsafe, insufficiently protected from 23 weathering, or not properly watertight. 24 25 7. Nominations to the National Register of Historic Places. 26 As part of the duties under the Certified Local Government 27 program, the Historic Resources Preservation Board shall receive all 28 nominations of local property to the National Register of Historic 29 Places following the regulations of the State Historic Preservation 30 Office. 31 32 a. Appropriate local officials, owners of record, and 33 applicants shall be given a minimum of thirty calendar days and 34 not more than seventy -five calendar days prior notice to 35 Historic Resources Preservation Board meetings in which to 36 comment on or object to the listing of a property in the National 37 Register. 38 39 b. Objections to being listed in the National Register by 40 property owners must be notarized and filed with the State 41 Historic Preservation Officer. Within thirty (30) days after its 42 meeting the Board shall forward to the State Historic 43 Preservation Officer its action on the nomination and the 44 recommendations of the local officials. Appropriate local 45 i officials, the owner and the applicant shall be notified of the 46 j board's action. 15 3 Il 1 2 c. The State Historic Preservation Officer will take further 3 steps on the nomination in accordance with federal and state 4 regulations. If either the Board or the local officials or both 5 support the nomination, the State Historic Preservation Officer 6 will schedule the nomination for consideration by the state 7 review board for the National Register at its next regular 8 meeting. If both the Board and the local officials recommend 9 that a property not be nominated to the National Register, the 10 State Historic Preservation Officer will take no further action on 11 the nomination unless an appeal is filed with the State Historic 12 Preservation Officer. 13 14 8. Designated Historic Sites The following Historic Sites have 15 been established: 16 17 a. National Register 18 19 (1) Boynton Woman's Club, 1010 South Federal 20 Highway, located on Lots 4, 5, 6, and 7 less the 21 West 35 feet thereof, Parker Estate, according to 22 the plat thereof recorded in Plat Book 10, Page 23 37 of the Public records of Palm Beach County, 24' Florida. (Published 4/26/1979). 25 26 , (2) Boynton School, 141 East Ocean Avenue, 27' , located on Lot 3, Block 4 of Sawyer's Addition, 28 City of Boynton Beach, Florida. (Published 291 3/7/1994). 30, 31 32 D. Certificate of Appropriateness. The Board or staff shall review 33'; ! actions affecting the exterior of Properties and all Resources, including non- 341 contributing Properties, within Districts. 35 3611 1 1. Board Approval Required. 37I 381 i I a. Board Approval. Utilizing the Design Guidelines 39; Handbook, the Board reviews applications for Certificates of 40I Appropriateness for alterations, new construction, demolitions, 41 " relocations, and Certificates of Economic Hardship affecting 42 I proposed or designated Properties or Properties within Districts. 43 441 b. Delegation of Review Authority. The Board may 45 I delegate to staff the authority to administratively review and 461 grant a Certificate of Appropriateness without formal action by il I; j" 16 i 1 I II 1 the Board. This delegation of review shall be depicted in a 2 "Historic Resources Preservation Board Certificate of 3 Appropriateness Approval Matrix" (the "Matrix "). The Matrix 4 will contain a list of design features, such as roofing materials, 5 window types, shutter types, etc. The Matrix will indicate 6 whether such features may be administratively reviewed or if 7 Board review is required. The Board shall approve or amend the 8 "Historic Resources Preservation Board Certificate of 9 Appropriateness Approval Matrix" as needed. This delegation 10 of review may also be returned to the Board at its discretion. In 11 conducting its reviews, staff will utilize the Design Guidelines 12 Handbook as one analytical tool in evaluating any applications. 13 ' 14 If staff does not grant administrative approval of an application, 15 the application wi41 may be referred to the Board for review. 16 Any applicant may request referral to the Board rather than 17 administrative review. An application referred by staff or an 18 applicant will be considered in accordance with the application 19 review schedule contained in Section 2(B)b below. 20 21 2. Application Procedure, Fees and Review. 22 23 a. Application and Fees. Requests for Certificates 24 of Appropriateness shall be made only on application forms 25 1 approved by the Board. Submittal of the application must be 261 G made with the appropriate site plans, drawings, photographs, 27 descriptions, and other documentation needed to provide staff 28 ' and the Board with a clear understanding of the proposed 29 ! action. Application fees and other applicable charges shall be 30 t established by resolution adopted by the City Commission. 3111 32 b. Completeness Review and Board Agenda. Staff shall 33 ; review all applications for Certificates of Appropriateness to 34 I determine whether an application is complete. If the application 35 i is incomplete, staff will notify the applicant of what additional 36 information is necessary. An application will not be reviewed 37 until staff determines that it is complete. 38 39 All Certificate of Appropriateness applications eligible for 40 administrative review will be reviewed in a timely manner and a 41 written decision sent to the applicant. All Certificate of 42 i Appropriateness applications requiring Board review will be 43 , scheduled for hearing by the Board at the first available meeting 44 1 , approximately six weeks after receipt of the completed 45 j ( application. The meeting shall be publicly announced and will 46 have a previously advertised agenda. The Board may suspend 17 .1 1 action on the application for a period not to exceed thirty days 2 in order to seek technical advice from outside its members or to 3 meet further with the applicant to revise or modify the 4 application. Noticc of time, place and subject matter of the 5 hearing shall be published in a newspaper of general circulation 6 in the City not less than 10 days before the meeting. A sign 7 ... • - - :.., . -. 8 be posted by the applicant at the Property not less than 10 days 9 before the meeting. 10 11 c. Secretary of the Interior's Standards for 12 Rehabilitation. In reviewing an application, the Secretary 13 of the Interior's Standards for Rehabilitation (as may be 14 amended from time to time) shall be applied. The current 15 version is as follows: 16 17 (1) A Property shall be used for its historic purpose 18 or be placed in a new use that requires minimal change 1 19 to the defining characteristics of the Building and its site 20 and environment. 21 22 (2) The historic character of a Property shall be 23, retained and preserved. The removal of historic 24, materials or alteration of features and spaces that 251 characterize a Property shall be avoided. 26i 27 (3) Each Property shall be recognized as a physical 281 i record of its time, place, and use. Changes that create a 291 false sense of historical development, such as adding 301 conjectural features or architectural elements from other 31 buildings, shall not be undertaken. 321; 33 (4) Most Properties change over time; those changes 341 that have acquired historic significance in their own 351 right shall be retained and preserved. 36! 37 1 (5) Distinctive features, finishes, and construction 38' techniques or examples of craftsmanship that 39i 1 characterize a historic property shall be preserved. 401 41 (6) Deteriorated historic features shall be repaired 42 rather than replaced. Where the severity of deterioration 43 requires replacement of a distinctive feature, the new 44' feature shall match the old in design, color, texture, and 451 other visual qualities and, where possible, materials. 18 (1 1 1 Replacement of missing features shall be substantiated 2 by documentary, physical, or pictorial evidence. 3 4 (7) Chemical or physical treatments, such as 5 sandblasting, that cause damage to historic materials 6 shall not be used. The surface cleaning of b i' 7 Structures, if appropriate, shall be undertaken using the 8 gentlest means possible. 9 10 (8) Significant archaeological resources affected by 11 a project shall be protected and preserved. If such 12 resources must be disturbed, mitigation measures shall 13 be undertaken. 14 15 (9) New additions, exterior Alterations, or related 16 new construction shall not destroy historic materials that 17 characterize the Property. The new work shall be 18 differentiated from the old and shall be compatible with 19 the massing, size, scale, and architectural features to 20 protect the historic integrity of the Property and its 21 environment. 22 23 (10) New additions and adjacent or related new 24 construction shall be undertaken in such a manner that if 25 removed in the future, the essential form and integrity of 26 the historic Property and its environment would be 27 unimpaired. 28 29 d. Additional Criteria. The above Standards for 30 Rehabilitation shall be supplemented by the following criteria 31 specific to certain types of requests: 32 33 i (1) New Construction and Alterations. The 34 1 : _ - - -- - - and features should be 35 - 36! :.'. . .. ._ ._ _ - 38 utilized in item a. through item i. - � g below, shall be - 40 , within the entire District. 41 }! 42 All new construction and Alterations to existing 43 1 buildings within a designated historic district or on an 44 I individually designated property shall be visually 45 compatible, and meet the following guidelines. 46 I ii 1 19 tt ' 1 (a) Setting, Orientation and Setbacks. The 2 Building should be situated approximately the 3 same distance from the street as adjacent 4 Buildings, to create a continuous street edge. The 5 orientation of the Building should be visually 6 compatible consistent with that of the existing 7 buildings in the Historic District. Sig 8 Buildings. The Setting should be designed with 9 the overall environment in mind. It should take 10 into account the compatibility of landscaping, 11 parking, service areas, walkways, and accessory 12 structures. 13 14 (b) Building Height. The height of the 15 Building at street level should be visually 16 compatible in comparison or relation to with the 17 height of the existing contributing buildings in 18 the Historic District. Surrounding Buildings. 19 20 (c) Design Styles. New Buildings should 21 take their design cues from the prevailing 22 architectural styles within the Historic District. 23 SuffeithEling Buildings. Traditional or 24 contemporary design standards and elements 25 should relate to the existing styles. Surrounding 26; Buildings. 271 281 i (d) Proportion of Openings. The 291 openings of any building within a Historic 301 ! District should be visually compatible with the 31 openings in existing contributing buildings 32 within the Historic District. The relationship of 331 the width of windows and doors to the height of 341; windows and doors should be visually 351 1 compatible with the existing contributing 361 buildings within the Historic District. 371 Surrounding Buildings. 381 39 (e) Rhythm of Solids to Voids. The 401 relationship between solids (walls) and voids 41 a (windows and doors) of a Building should be 421 visually compatible with existing contributing 431 buildings within the Historic District. the 441 I 45 20 1 (f) Rhythm of Spacing along the Street. The 2 relationship of Buildings to the open space 3 between them should be compatible with the 4 other Buildings on each side of the street in that 5 block. 6 7 (g) Relationship of Materials and Textures. 8 The materials and textures of a Building 9 should be chosen with the predominant materials 10 of the Historic District in mind. Simplicity in 11 such use is preferable. 12 13 (h) Roof Shapes. The roof shape of a 14 Building is a major distinguishing feature. The 15 roof shape of a flew Building should be 16 compatible with the roof shape of existing 17 contributing buildings within the those of the 18 Buildings in the Historic District. The roof shape 19 shall be consistent with the architectural style of 20 the Building. 21 22 (i) Size, Scale, Bulk, Mass and Volume. The 23 physical size, scale, bulk, mass and volume 24 should be compatible with the existing 25 contributing buildings within the Historic 26 District Surrounding Buildings without 27 overwhelming them. 28 29 (2) Additions. All additions to historic structures or 30 structures within a Historic District shall meet 31 the following guidelines. 32, 33 (a) Locate an addition to the rear or least 34 1 1 visible sides of historic structures. Locating an 35 addition on the front elevation should be 36 avoided. 37 38 (b) Minimize the loss of historic materials 39 from the historic structure and protect character - 40 I defining features. 41 42 (c) Design the addition to be compatible in 43 ( terms of massing, size, scale, relationship of 44 ; I solids to voids, and architectural features. An 45 i j addition should be subordinate to the historic 461 building. 21 II o 1 2 (d) Differentiate the addition from the 3 historic structure. 4 5 (e) If permitted, rooftop additions should 6 generally be limited to one story in height, 7 should be set back from the wall plane and 8 should be as inconspicuous as possible. 9 10 (f) Continue the design elements on all 11 elevations of the new construction, not only 12 those elevations that can be viewed from the 13 street. 14 15 (g) Design and construct the addition so that, 16 if removed in the future, the essential form and 17 integrity of the historic structure will be 18 unimpaired. 19 20 (h) Limit the size and number of openings 21 between the old and new building by utilizing 22 existing doors or by enlarging existing windows. 23 24 (3) Demolition. All demolitions of historic 25 structures or structures within a Historic District shall 26 comply with the following: 27 28 (a) Simultaneous certificates required. No 29 Building or Structure on a Property or located 30 within a District shall be demolished without 31 first receiving a Certificate of Appropriateness 32 for new construction. The applications for 33 demolition and new construction shall be 34 reviewed by the Board simultaneously. The 35 requirement of a Certificate of Appropriateness 36 for new construction may be waived by the 37 Board upon a good cause showing that such 38' requirement would be unduly harsh or would 39 result in a substantial hardship to the Property 40 owner. 411 42 j f A showing of good cause may include, but is not 43 ( limited to, evidence that the Property owner is 44 I unable to comply with the requirement for 45 simultaneous new construction due to advanced I� f 22 , I ii 1 age, infirmity, physical or other debilitating 2 handicap, or financial hardship. 3 4 If an application for a Certificate of 5 Appropriateness for Demolition is approved, the 6 owner shall, at his /her expense, fully record the 7 building prior to Demolition. At a minimum, the 8 owner shall provide an architectural description, 9 floor plan with interior and exterior dimensions, 10 interior and exterior photographs, and any other 11 information requested by the Board. Said record 12 shall be deposited in the local archives, where it 13 will be made available to the public. 14 15 Upon approval by the Board of a Certificate of 16 Appropriateness for Demolition, the demolition 17 permit shall not be issued until all demolition 18 and new construction plans for the Property have 19 received all other required governmental 20 approvals. 21 22 The existence of one or more of the following 23 conditions may be the basis for denial of a 24 demolition application: 25 26 (i) The Resource contributes 27 significantly to the historic character of a 28 designated Property or District. 29 30 (ii) The Resource is listed on the 31 National Register. 32 33 1 (iii) The Resource is one of the last 34 , remaining examples of its kind in the 35 1 neighborhood or City. 36 37 ; (iv) The Resource is capable of being 38 I repaired and reused in a practical and 39 ' feasible manner. 40 1 41 (v) Retention of the Resource would 42 promote the general welfare of the City 43 ( by providing an opportunity to study 44 local history, architecture and design, or 45 i by developing an understanding of the I' � I 23 I 1 importance and value of a particular 2 culture or heritage. 3 4 (vi) Granting a Certificate of 5 Appropriateness for the Demolition 6 would result in an irreparable loss to the 7 City of a significant Resource. 8 9 (vii) The plans for the simultaneous 10 new construction (if the Demolition is 11 granted) are not compatible with the 12 Property or District. 13 14 (b) Demolition Delay Period. The Board 15 may grant a Certificate of Appropriateness for 16 Demolition which may contain a delayed 17 effective date. The effective date will be 18 determined by the Board based on the relative 19 significance of the Resource and the probable 20 time required to arrange a possible alternative to 21 demolition. The Board may delay demolition for 22 up to three (3) months. During the demolition 23 delay period, the Board may take such steps as it 24 deems necessary to preserve the Resource. Such 25 steps may include, but are not limited to: 26 consultations with community groups, public 27 agencies and interested citizens; 28 recommendations for acquisition of the Property 29 by public or private bodies, or agencies; an 30 exploration of the possibility of moving the 31 Resource. 32 33 (c) Salvage and Preservation of Specific 34 Features. The City Commission upon 35 endation by Tthe Board may require the 36 Property owner, t C,ty expense, to salvage and 37 preserve specified classes of building materials, 38 architectural details, ornaments, fixtures and the 39 like. 40 I 41 (d) Authority to Initiate Designation. If 42 an undesignated property warrants it and it is 43 j , otherwise authorized under this ordinance, staff 44 I may initiate, or recommend that the Board 45 I initiate, the designation application and review 46 process. Staff may further request that the Board 24 1 require that the issuance of a demolition permit 2 be stayed pending the Board's review of the 3 application and the City Commission's decision 4 to designate or deny designation of the property. 5 However, the maximum period during which the 6 issuance of a demolition permit may be stayed 7 pursuant to this paragraph is one hundred twenty 8 (120) days, unless extended by the City 9 Commission. 10 11 (4) Relocation. The existence of one or more of 12 the following conditions may be the basis for denial of a 13 relocation application: 14 15 (a) The historic character or aesthetic interest 16 of the Resource contributes to its present setting 17 in such a manner that relocation would result in a 18 substantial loss to the setting or District. 19 20 (b) There are no definite plans for the area to 21 be vacated. 22 23 (c) There are definite plans for the area to be 24 vacated that may adversely affect the character 25 of the District. 26 27 (d) The Resource cannot be moved without 28 significant damage to its physical integrity. 29 30 (e) The proposed relocation area is not 31 compatible with the historic, cultural, and 32 architectural character of the Resource. 33 34 (f) Little or no effort has been made to 35 consider relocation within the same District or 36 within another District with compatible historic, 37 aesthetic, cultural, or design qualities with the 38 relocated Resource. 39 40 e. Decisions. Decisions regarding application for 41 Certificates of Appropriateness shall be based on the 42 application, the application's compliance with this Ordinance, 43 and the evidence and testimony presented in connection with 44 I the application. 45, 25 11 1 1 In reviewing an application, staff and the Board shall be aware 2 of the importance of finding a way to meet the current needs of 3 the property owner. The Staff and the Board shall also 4 recognize the importance of recommending approval of plans 5 that will be reasonable for the property owner to carry out. Any 6 conditions or requirements imposed shall be reasonably related 7 to the Certificate of Appropriateness sought by the applicant. 8 9 f. Notice of Decision on Application. Staff shall notify 10 the applicant in writing of any decision on the application 11 within five (5) working days from the date of the decision. 12 13 g. Changes in Approved Work. Any change in the 14 proposed work following the issuance of a Certificate of 15 Appropriateness shall be reviewed by staff. If the proposed 16 change does not materially affect the historic character or the 17 proposed change is in accordance with the Board's decision, 18 staff may administratively approve the change. If the proposed 19 change is not in accordance with the Board's decision, a new 20 Certificate of Appropriateness application for such change must 21 be submitted for review. 22 23 E. Certificate of Economic Hardship. Prior to taking an appeal of a 24 decision to the Beard City Commission on an application for Certificate of 25 Appropriateness, an applicant may file an application for a Certificate of 26 Economic Hardship. 27 28 1. Application and Procedures. 29 30 a. Application. A Certificate of Economic Hardship 31 application must be submitted within 30 days of the date of the 32 hearing at which the Board's decision on the application is 33 announced. 34 35 b. Board Agenda and Notice. The Board shall schedule 36 a public hearing within 60 working days from the receipt of the i 37 application and shall provide notice of such hearing in the same 38 manner as for the Certificate of Appropriateness application. 39 40 c. Negotiations Prior to Certificate of Economic 41 Hardship Hearing. During the period between receipt of the 42 Certificate of Economic Hardship application and the Board's 43 public hearing, the applicant shall discuss the proposed action 44 ' with staff, other City officials and local preservation 451 organizations to consider alternatives that will avoid an 46' E economic hardship and have the least adverse effect to the I ' 26 1 11 1 Property and /or the District. Staff may request information from 2 various City departments and other agencies in order to 3 negotiate an alternative resolution that is in the best interest of 4 the applicant and the City. If negotiations are successful, staff 5 shall make written recommendations to the Board regarding 6 such alternatives. 7 8 d. Determination of Economic Hardship. The 9 applicant has the burden of proving by competent substantial 10 evidence that the Board's decision regarding the Certificate of 11 Appropriateness application has caused or will cause an 12 unreasonable economic hardship. To determine economic 13 hardship, the Board may request the following: 14 15 (1) Proposed construction, alteration, demolition and 16 removal costs; 17 18 (2) structural and condition reports from a licensed 19 professional with experience in assessing historic 20 buildings; 21 22 (3) estimates as to the economic feasibility of 23 rehabilitation or reuse; 24 25 (4) the purchase price of the property, recent 26 appraisals, assessments, and real estate taxes; 27 28 (5) details of any income obtained from the property 29 and cash flows; 30 31 (6) the status of any leases or rentals; and, 32 33 (7) all other information considered necessary by the 34 Board to determine whether the property does or 35 may yield a reasonable return to the owner. 36 37 The effect of denial of the application for Certificate of 38 Economic Hardship is that the decision regarding the Certificate 39 of Appropriateness is upheld. If the application for Certificate 40' ; of Economic Hardship is granted, the Board may issue the 41 Certificate of Economic Hardship without conditions. 42 Alternatively, the Board may issue the Certificate with 43 conditions that will avoid the economic hardship and have the 441 least adverse effect to the Property and the District. 45!' i I � I 27 1 II 1 1 Such conditions may include, but are not limited to: ad valorem 2 tax relief, loans or grants, requiring the owner to market and 3 offer the Property for sale for a fair market price with 4 appropriate preservation protections for a period of time not to 5 exceed six (6) months, acquisition by a third party for a fair 6 market value, Building and Zoning Code modifications, 7 relaxation of the provisions of this ordinance, recommendation 8 by the City Manager some or all of the applicable Board fees be 9 waived, or such other relief as appropriate. 10 11 F. Appeal of Certificate of Appropriateness and Certificate of 12 Economic Hardship Decisions. Any applicant may appeal a decision of 13 the Board to the City Commission regarding an application for Certificate of 14 Appropriateness and /or an application for Certificate of Economic Hardship. 15 The applicant shall file a written notice of the appeal with staff within 30 days 16 of the date of the hearing at which the Board's decision on the application is 17 announced. The City Commission shall place the matter on the Commission's 18 agenda within 45 working days from the date of the written notice of appeal. 19 The meeting at which the appeal is placed on the agenda shall be no later than 20 60 working days from the date of the written notice of appeal. 21 22 Consideration of the appeal by the City Commission shall be de novo review. 23 The City Commission shall be required to apply the applicable standards and 24 criteria set forth in this ordinance. 25 26 A decision of the City Commission may be appealed to a court of competent 27 jurisdiction within thirty (30) days after the hearing at which the decision is 28 announced. 29' 30 G. Enforcement and Penalties. The City or any other legal authority 31 shall enforce any violation of this article pursuant to the penalty provisions 32 contained in Chapter 1, Article I, Section 7 of these Land Development 33 Regulations. 34 35 H. Miscellaneous. 36 37 1. Historic Preservation Property Tax Exemption Program. 38 The granting of tax exemptions to owners who make 39 improvements to Historic Properties was authorized by an amendment 40 to the Florida Constitution and codified in Section 196.1997 and 41 196.1998 Florida Statute (1992). The ad valorem tax exemption 42 program was established by Palm Beach County in 1995 (Ordinance 43 95 -41), and may be implemented in the City through an interlocal 44 agreement with the County and a local Tax Abatement Exemption 45 ordinance. The Tax Abatement Exemption Ordinance authorizes 46 granting exemptions from increases to ad valorem taxes for qualified 28 II 1 improvements to Properties listed in the Boynton Bc ch- Rcgistcr of 2 Historic Places and the National Register of Historic Places qualifying 3 properties. 4 5 Exemptions for Historic Properties are intended for the physical 6 improvements necessary to Restore or Rehabilitate the Historic 7 Resource, which may include additions, Alterations and new 8 construction. The improvements must comply with the Secretary of the 9 Interior's Standards for Rehabilitation. 10 11 The City and County will process the application following mutually 12 established procedures through both the City and County Commissions. 13 This program will provide an exemption from tax increases on the 14 improvements to the Property for up to a ten (10) year period. The 15 exemption is conveyed through a covenant that accompanies the deed 16 of the Property and may be transferred to future owners during the 17 abatement period. 18 19 1A. Tax Exemption for Historic Properties 20 21 a. Definitions. 22 23 (1) Alteration. Any construction or change of the 24 exterior of a building, site, or structure designated as a 25 site or site within a district. For buildings, sites, or 26 , structures, alteration shall include, but is not limited to 27 ! the changing of roofing or siding materials; changing, 28 i eliminating, or adding doors, moldings, fretwork, door 29 ! frames, windows, window frames, shutters, fences, 30' railings, porches, balconies, signs, or other 311 ornamentation; regrading; fill; imploding or other use of 321 dynamite. Alteration shall not include ordinary repair or 331 maintenance, or changing of paint color. 34' 351 (2) Noncontributing Property. A building, site, 36 structure, or object which does not add to the historic 371 architectural qualities, historic associations, or 38 archaeological values for which a district is significant 39' because 1) it was not present during the period of 401 significance; 2) due to alterations, disturbances, 41 additions, or other changes, it no longer possess historic 421 integrity reflecting its character at that time or is 43 j incapable of yielding important information about the 44 I period; or 3) it does not independently meet the National 451 Register of Historic Places criteria for evaluation. 46 l i l l 29 1 ii 1 1 (3) Notice. To an Interested Party, notice shall be by 2 U.S. Mail and deemed given as of the date of mailing. 3 For all other persons, notice shall be by publication. 4 5 b. Tax Exemption for Historic Properties. 6 7 (1) The City Commission hereby creates a tax 8 exemption for the restoration, renovation or 9 rehabilitation of qualifying historic properties designated 10 herein. Qualifying property shall be exempt from that 11 portion of ad valorem taxation levied by the City on one 12 hundred percent (100 %) of the increase in assessed 13 value resulting from any renovation, restoration or 14 rehabilitation of the qualifying property made on or after 15 the effective date of this ordinance. 16 17 (2) The above exemption does not apply to: 18 19 (a) Taxes levied for payment of bonds; 20 21 (b) Taxes authorized by a vote of the electors 22 pursuant to section 9(b) or section 12, Article 23 VII, of the Florida Constitution; or 24 25 (c) Personal property. 26 27 c. Qualifying Properties and Improvements. 28 29'i (1) The following real property in the City is 30 qualifying property for the purposes of this subsection if 31 at the time the exemption is approved by the City 32' Commission, the property: 33 34 (a) Is individually listed in the National 35 Register of Historic Places pursuant to the 36 National Historic Preservation Act of 1966, as 37' amended; or 38 39 (b) Is a contributing property to a national 40 register- listed district; or 41 42 (c) Is designated as a historic property, or as 43 a contributing property to a historic district, 44 under the terms of the City's historic preservation 45 ordinance; and 46 30 di Iv 1 (d) Has been certified by the Board as 2 satisfying subparagraphs (1)(a), (1)(b), or (1)(c) 3 above. 4 5 The exemption does not apply to improvements made to 6 non- contributing principal buildings or non - contributing 7 accessory structures. 8 9 (2) For an improvement to a historic property to 10 qualify the property for an exemption, the improvement 11 must: 12 13 (a) Be consistent with the United States 14 Secretary of Interior's Standards for 15 Rehabilitation, as amended, 16 17 (b) Be determined by the Board to meet 18' criteria established in rules adopted by the 19 Department of State, Division of Historical 20 Resources, FAC 1A -38, as amended, and 21 22 (c) Be consistent with any ordinance of the 23 city designating the property as historic or 24 ' designating the historic district in which the 25 property is located. 26 27 d. Evaluation of Property Used for Government or 28 Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, 29 , Florida Statutes, which allows for exemption from ad valorem 30 taxation of up to one hundred percent (100 %) of the assessed 31 value of the property as improved, a property is being used for 32 government or nonprofit purposes if the sole occupant of at 33 least sixty -five percent (65 %) of the useable space is an agency 34 ; of the federal, state or a local government unit or a nonprofit 1 35 organization certified by the Department of State under Chapter 36 617.013, Florida Statutes. As for being "regularly and ' 37 1 frequently open" for public access, the property shall be open to 38 the public not less than twelve (12) days per year on an 39 equitably spaced basis, and at other times by appointment. 40 ; Nothing herein shall prohibit the owner from charging a 41 ! reasonable nondiscriminatory admission fee, comparable to fees 42 charged at similar facilities in the area. 43 i� 44 1 e. Application for Exemption; Fees. An applicant 45 desiring an ad valorem tax exemption for proposed 46 improvements to a historic property must file a request 31 ,, f 1 accompanied by its corresponding fee and all documentation 2 required by the application checklist. The request shall be made 3 on the two -part Historic Preservation Property Tax Exemption 4 Application, approved by the State of Florida, Division of 5 Historical Resources and promulgated in accordance with Rule 6 1A -38, Florida Administrative Code, and include additional 7 information and documentation of the cost of the qualifying 8 improvement. Part 1 of the application, the Preconstruction 9 Application, shall be submitted before qualifying improvements 10 are initiated and Part 2, the Final Application/ Request for 11, Review of Completed Work, shall be submitted to the City for 12 review upon completion of the qualifying improvements. The 131 Final Application/Request for Review of completed Work shall 14' contain the Historic Preservation Exemption Covenant as 15 established by the Department of State, Division of Historical 16 Resources and applicable for the term for which the exemption 17' is granted. 181 19, f. Preconstruction Application. The review process 20 shall be initiated with the submittal of a Preconstruction 21; Application to the City. The Preconstruction Application shall 22', contain a copy of the application for Certificate of 23' Appropriateness, information on project cost, and a copy of the 24! most recent tax bill for the subject property from the Palm 25 Beach County Property Appraiser. Upon the receipt of the 261 Preconstruction Application by the City, the City shall conduct 27 i a review for eligibility in accordance with the requirements 2811 stated herein. 29; ; 30; 1 g. Review of Preconstruction Application. A review of 31 i the Preconstruction Application shall be completed by the City 32 in accordance with the established schedule and process. 33 34 (1) Once the City determines that the work as 35 proposed is a qualifying improvement and is in 36 compliance with the review standards contained herein, 1 37; the City shall approve the Preconstruction Application ' 38j and issue a written notice to the applicant with a copy to 39 the Board. 40 41 (2) If the City determines that the work as proposed 42' is not a qualifying improvement or is not in compliance 43 with the review standards contained herein, a written 44 notice shall be provided to the applicant, including 45 recommendations concerning the changes to the 46j proposed work necessary to make it a qualifying I . 32 1 improvement and bring it into compliance with the 2 review standards. 3 4 h. Appeals to the Historic Resources Preservation 5 Board. 6 7 (1) Within ten (10) days of receipt of notice that the 8 City has denied a Preconstruction Application, the 9 applicant may file an appeal of the denial to the Board. 10 The appeal shall be filed on a form prepared by the City 11 and processed in accordance with the public meeting 12 and notification procedures required of the City's quasi - 13 judicial hearing process, except that public notices need 14 only be mailed to owners of abutting properties. 15 16 (2) If the Board denies the appeal, the applicant may 17, appeal the action of the Board to the City Commission. 18 19 i. Issuance of Other Permits or Approval. If all or 20 part of the proposed improvements require a building permit or 21 other necessary approval of the City or any other governmental 22 agency, the improvements shall also be reviewed pursuant to 23 any other applicable code provisions of the City and require 24 such corresponding approval. A Preconstruction Application 25 shall not be approved by the City and issued until such permit 26 ; or other approvals have been granted. 27 281 No certificate of occupancy or completion shall be issued by the 29 City until the Final Application has been approved by the City 30 Commission and all appeal proceedings have been completed. 31, 321 j. Completion of Work. An applicant must 33 1, complete all work within two (2) years following the date of 34' approval of a Part 1, Preconstruction Application by staff. A 35, ! Preconstruction Application shall be automatically revoked if 36' the property owner has not submitted a Final 37' 1 Application/Request for Review of Completed Work within two 38' ( (2) years following the date of approval of the Preconstruction 39; Application. 40 41 The Board, upon the recommendation of the City, may extend 42; ! the time for completion of a substantial improvement in 43 accordance with the procedures of the City's Building Code. 441 451 k. Final Application and Request for Review of 46 Completed Work. 33 1 2 (1) The Final Application/Request for Review of 3 Completed Work shall be accompanied by 4 documentation of the total cost of the qualifying 5 improvements. Appropriate documentation may 6 include, but is not limited to paid contractor's bills, 7 cancelled checks, and an approved building permit 8 application listing the cost of work to be performed. 9 Upon the receipt of a Final Application/Request for 10 Review of Completed Work and all required supporting 11 documents, the City shall inspect the completed 12 improvements to ensure compliance with the 13, Preconstruction Application, Certificate of 14 Appropriateness, and any approved amendments. 15 16 (2) If the City determines that the work is a 17 ' qualifying improvement and is in compliance with the 18 review standards contained herein, the Final 19'' Application/Request for Review of Completed Work 20; ' shall be approved and forwarded to the Board for 21 review, and written notice shall be provided to the 22 applicant. 23 24 i (3) If the City determines that the work as completed 25 is not in compliance with the Preconstruction 26 , Application or the established timeframe as described in 271 this section, the applicant shall be given written 28 explanation for such findings, including 29 ; , recommendations concerning the changes to the 30! i proposed work necessary to make it a qualifying 31 ' improvement and bring it into compliance with the 32 review standards. The application will be forwarded to 33 I the Board for review once the applicant makes the 34 adequate changes necessary for compliance, or upon 35 j receiving notice from the applicant that no further 36 changes will be made to the project. 37 i 38 39 1. Recommendations to Historic Resources 40 i Preservation Board and City Commission. On 41 i completion of the review of a Final Application/Request for 42 ' Review of Completed Work, the City shall present such Final 43 i Application in a regularly scheduled meeting of the Board and 44 I 1 recommend that such Board grant or deny the exemption. The 45 recommendation and explanation shall be provided in writing to 46 ∎ the applicant and Board for consideration at a public meeting. i 34 i 1 The application, along with a recommendation of approval or 2 denial shall subsequently be forwarded by the Board to the City 3 Commission for final consideration. 4 5 m. Approval by the City Commission. Upon 6 approval of a Final Application/Request for Review of 7 Completed Work by the Board, the Final Application shall be 8 placed by resolution on the agenda of the City Commission for 9 approval. The resolution to approve the Final Application shall 10 indicate the property owner, property address and legal 11 description, time period that exemption will remain in effect 12 and expiration date, and shall require the owner to record the 13 restrictive covenant in the Official Record Book of Palm Beach 14 County. The applicant shall provide the City with two (2) 15 ! certified copies of the recorded covenant. 16 17 n. Notice of Approval to the Property Appraiser. The 18 City shall transmit the following certified copies to the Palm 19 Beach County Property Appraiser: 1) recorded restrictive 201 covenant; 2) approved Final Application/Request for Review of 21, Completed Work; and 3) the resolution of the City Commission 22 approving the Final Application and authorizing the tax 231 j exemption. 24 251 o. Effective Date and Duration of Tax Exemption. 26 When the City Commission approves a historic 27, preservation tax exemption, the covenant shall be in effect for 281 1 ten (10) years; however, the City Commission has the discretion 291 j to approve a shorter time frame if petitioned by the property 301 i owner. The effective date of the exemption shall be January 1 311 i of the following year from when the covenant and resolution are 32 recorded with the Palm Beach County Clerk of the Court. 331 34 p. Property Maintenance, Penalty, and Revocation. The 35, character of the property and qualifying improvements are to be 361 maintained during the period that the exemption is granted. 37 Such covenant shall be binding on the current property owner, 381 1 transferees, and their heirs, assigns and successors. A violation 39 of the covenant shall result in the revocation of the granted tax 40 ° exemption, and the property owner being subject to the payment 41, of taxes that would have been owed had the exemption not been 421 initially granted (see subparagraph (2) below). The revocation 43 process shall occur as follows: 44; 4511 46' i I l 1 1 35 1 .. i 1 (1) Revocation Proceedings. 2 3 (a) Staff or the Board may initiate 4 proceedings to revoke the ad valorem tax 5 exemption provided herein, in the event the 6 applicant, or subsequent owner or successors in 7 interest to the property, fails to maintain the 8 property according to the terms and conditions of 9 the covenant; 10 11 (b) The Board shall provide notice to the 12 current owner of record of the property and hold 13 a revocation public hearing, and make a 14 recommendation to the City Commission; 15 16 (c) The City Commission shall review the 17 recommendation of the Board and make a 18, determination as to whether the tax exemption 19 shall be revoked. Should the City Commission 20' determine that the tax exemption shall be 21i revoked, a written resolution revoking the 22° exemption and notice of penalties as provided 231 herein shall be provided to the owner, the Palm 24, Beach County Property Appraiser and filed in 25 the official records of Palm Beach County; 26 27 (d) Upon receipt of the resolution revoking 281 the tax exemption, the Palm Beach County 29 1 ; Property Appraiser shall discontinue the tax 301 ! exemption on the property as of January 1 of the 311 year following receipt of the notice of 32 revocation; and 33 34' ! (2) Notice of Penalties. The resolution revoking 351 the tax exemption shall include a statement that a 361 penalty equal to the total amount of taxes that would 37 have been due in March of each of the previous years in 381 which the tax exemption and covenant were in effect 39 I had the property not received the exemption, less the 401 amount of taxes actually paid in those years, plus 41 interest on the difference calculated as provided in 42 , Section 212.12, Florida Statutes shall be imposed by the 431 Palm Beach County Tax Collector for violation of the 44' terms, conditions and standards of the Historic 45 Preservation Exemption Covenant. 46 i 1 36 i 1 q. Annual Report. The City shall prepare an annual 2 report to the City Commission regarding the tax exemption 3 proposed in this article. The report shall be filed in January of 4 each calendar year, and shall summarize the activities of the 5 City and Board related to this article during the previous 6 calendar year. The information shall include, but not be limited 7 to, a list of the properties for which a Part 1, Preconstruction 8 Application, and Part 2, Final Application/Request for Review 9 of Completed Work were made during the preceding year; an 10 explanation of the disposition of each application; the 11 expenditures on each approved qualifying improvement during 12 the calendar year; the total number of properties currently 13 participating in the program provided within this article; and 14 any other information requested by the City Commission. 15 16 2. Certified Local Government Review. The City 17 Commission is a Certified Local Government (CLG) approved by the 18 Florida Department of State, Division of Historical Resources. The City 19 Commission as a CLG is required to participate in the Florida National 20 Register of Historic Places nomination process, be involved in the 21 Section 106 process, and is eligible to receive grants from the Certified 22 Local Government Section of the Florida Department of State, 23 Historical Resources Grants -In -Aid program. 24 25 3. Unsafe Buildings and Structures. Should the Building 26 Official determine that a Historic Property or a Property within a 27 Historic District is unsafe, the Planning and Zoning staff and Historic 28 Resources Preservation Board shall be notified of such findings. Where 29 . reasonably feasible, within applicable laws and regulation, the Building 30 i Official shall endeavor to have the Resource repaired rather than 31 ; demolished and shall take into account any comments and 32 ' recommendation by the Board. The Board may take appropriate 33 I ; actions to Effect and accomplish the preservation of the Resource, 341 ' including, but not limited to, negotiations with the owner and other 35 Interested Parties, provided that such actions do not interfere with the 36 I Florida Building Codes. 37 38 In the case where the Building Official determines that there are 39 ; emergency conditions dangerous to the life, health or property affecting 401 a Historic Property or a Property within a Historic District, and timely 41 ! Demolition is the only course of action, the Building Official may order 42 the Demolition and notify the Planning and Zoning Division of the 43 I impending action. In this instance, a Certificate of Appropriateness 44 will not be required and the Historic Resources Preservation Board will 45 I promptly be notified of the action being taken. 46 1 I i 1 37 1 1 4. Waiver of Technical Requirements. The provisions of 2 the technical codes relating to the construction, alteration, repair, 3 enlargement, restoration or moving of Buildings may not be mandatory 4 for those Resources listed in the Boynton Beach Register of Historic 5 Places and the National Register of Historic Places, when evaluated by 6 a Florida registered architect or engineer and satisfactorily 7 demonstrated to the Building Official to be safe and in the public 8 interest of health, safety and welfare. 9 10 Resources or portions thereof that do not strictly comply with the 11 Florida Building Code may be considered to be in compliance, if it can 12 be shown to the satisfaction of the Building Official that equivalent 13 protection has been provided or that no hazard will be created or 14 continued through noncompliance. (Life safety and property 15 conservation shall be provided in accordance with Chapter 11, Sections 16 1105 and 1106 of the 2007 Florida Building Code, or as subsequently 17 amended). 18 19 Alterations to Resources listed in the Boynton Beach Register of 20 Historic Places and the National Register of Historic Places may 21 receive exemption from accessibility requirements. (Pursuant to 22 Chapter 11, Section 11 -4.1.7 of the 2007 Florida Building Code, or as 23; , subsequently amended, the Building Official may determine that 241' compliance for accessible routes (exterior and interior), ramps, 25 entrances, or toilets would threaten or destroy the historic significance 26 of the Building, in which case the alternative requirements in Chapter 271 11, Section 11- 4.1.7(3) may be utilized). 28 29! 5. Administrative and Board Approval of Zoning Code 301 Variances. Alterations to Resources listed in the Boynton Beach 31 ; Register of Historic Places and the National Register of Historic Places 321 may receive variances to zoning code regulations, if such regulations 33 would adversely impact or threaten the historic significance of the 34 Resource. The responsibility for review and approval of an application 35 for a variance in association for a Certificate of Appropriateness for 36 Alterations of Resources listed in the Boynton Beach Register of 37 Historic Places and the National Register of Historic Places will rest 38 with staff, unless the corresponding Certificate of Appropriateness 39 i requires Historic Resources Preservation Board (HRPB) action, in 401 which case the HRPB will have review and approval responsibility. 41 Such requests for variance shall be made on a separate application, 421 approved by the Board. Said application fee and other applicable 431 charges shall be established by resolution adopted by the City 44 Commission. 45 38 ie I 1 6. Sustainable Building Practices. The application of 2 sustainable, energy efficient and green building practices to 3 improvements associated with historic properties is encouraged 4 whenever they are compatible with best historic preservation practices. 5 Whenever possible, equipment such as solar panels, wind generation 6 devices, mechanical equipment, etc., should not be affixed to the 7 building, but sited in the rear or side yard locations and fully screened 8 with landscaping, fence or wall. When placement upon the building is 9 unavoidable, such equipment, as well as skylights, shall be located on a 10 non- character defining elevation or roof slope that is not visible from 11 the street. In no instance, shall the equipment be allowed to be placed 12 upon any character defining feature. Expedited review shall be afforded 13 to those applicants who propose the placement of such equipment on 14 other than the building facades or roof 15 16 I. Standards for Archaeological Work; Discovery of Archaeological 11 Site. 18 19 1. The Historic Preservation Planner shall be responsible for 20 identifying, protecting, managing and promoting all cultural resources 21 (historic and prehistoric sites and districts) within the municipal 22 bounds. 23 24 2. Archaeological Work. Archaeological surveys, 25 assessments, excavations, and other work required by this ordinance 26 shall be conducted by a qualified, professional archaeologist and be 21 consistent with the guidelines for such work promulgated by Palm 28 Beach County that are consistent with accepted professional standards 29 and regulations developed by the Florida Department of State Division 30 of Historical Resources and the United States Department of the 31i Interior, or their successor agencies. 34 3 3. Site Discovered During the Development Process. In 34 the event that archaeological materials are discovered by ground 35 disturbing activities on any property within the City, such activities in 36 the immediate vicinity of the archaeological site shall be discontinued 37� immediately and the Planning & Zoning Department notified. The site 3� shall be inspected and may be required to be assessed by a qualified 391 professional archaeologist at the expense of the property owner. 4q 411 4. Unmarked Human Graves. If a discovery is made of 42 an unmarked human grave or graves, then the procedures for notifying 4 the State Archaeologist and County Medical Examiner shall be 44� followed, consistent with state law. 4� 46 39 1 Section 5. All laws and ordinances applying to the City of Boynton Beach in 2 I conflict with any provision of this ordinance are hereby repealed. 3 Section 6. Should any section or provision of this Ordinance or any portion 4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 5 affect the remainder of this Ordinance. 6 Section 7. Authority is hereby given to codify this Ordinance and to conform the 7 numbering and lettering sequence to the recently adopted Land Development Regulations. 8 Section 8. This Ordinance shall become effective immediately. 9 FIRST READING this 1st day of May, 2012. 10 1 1 SECOND, FINAL READING AND PASSAGE this /5 day of / 4 4 , / , 2012. 12' 13 . CITY OF BOYNTON BEACH, FLORIDA 14 15 16 (i .4 171 , Mayor — W. I ay 18ir -- 19j� 201 ��..�� 21! Vice a • ,�.. c ray 22 1 ' 23 7 ,f i 241 i � 251 Commissioner — William Orlove 26 271 281 29 , Commissioner — Steven Holzman 30 311 ATTEST: 32 33 Commissioner — Marlene Ross 34;1 a� • • • 35 , Jan ;� . •, MMC 36 ' 37 381 •rte . e Seal) r "''' 40