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.
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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
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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.
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25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 ; THE CITY OF BOYNTON BEACH, FLORIDA that:
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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:
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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;
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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;
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9 6. To confer recognition upon the owners of Properties and
10 ' Districts by means of certificates, plaques or markers;
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12 7. To recommend amendments or changes to this ordinance;
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14 8. To inform and educate the citizens of the City concerning the
15 historic, cultural, archaeological, and architectural heritage of
16 , the City;
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18 9. To participate in survey and planning activities of the Certified
19 Local Government;
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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:
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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:
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1 (1) A copy of the Rules of Procedure;
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3 (2) A copy of the Historic Preservation Ordinance;
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5 (3) Resumes of the Historic Resources Preservation
6 Board members;
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8 (4) Changes to the Historic Resources Preservation
9 , Board membership;
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11. (5) New local designations and National Register
12 listings;
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14 ` (6) A review of survey and inventory activity with a
15 , description of the system used;
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17 (8) A program report on each grant- assisted activity;
18 and
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20 (9) Number of projects reviewed.
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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.
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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.
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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;
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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;
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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;
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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;
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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;
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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
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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
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27 d. Has yielded, or may be likely to yield, information
28 important in prehistory or history; or
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301 e. Is listed in the National Register of Historic Places.
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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
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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.
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25' 3. Procedures.
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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.
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36 (3) A property owner for designation of a Site.
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38 (4) A simple majority of property owners within the
39 ' proposed District under consideration for designation.
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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
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1 determined by the most current Palm Beach County
2 Property Tax Rolls.
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4 b. Application Form. Nominations for historic
5 designations shall be made only on application forms approved
6 by the Board.
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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.
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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.
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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.
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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.
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301 6. Maintenance and Repair of Designated Properties;
311 Demolition by Neglect Prohibited.
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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
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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:
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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.
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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
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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'
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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
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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