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Agenda 08-10-20 CITY OF BOYNTON BEACH HISTORIC RESOURCES PRESERVATION BOARD REGULAR MEETING AGENDA DATE: Monday, August 10, 2020 TIME: 6:30 P.M. PLACE: City Hall, 100 E. Ocean Avenue 1. Pledge of Allegiance 2. Agenda Approval 3. Approval of Minutes — March 9, 2020 4. Communications and Announcements 5. Old Business: None 6. New Business: A. Program Overview and Orientation of New Members — Topics to be presented include program background and components, CLG designation, property inventories, historic designations, local projects, and Board responsibilities. (No accompany staff report; materials to be provided at the meeting). 7. Future Agenda Items A. Old High School (nka the Cultural Center) —Status on renovation project and plans for occupancy and use. B. Woman's Club of Boynton Beach — Update on renovation project and plans for use and leasing. C. Historic Trail Markers —Status of replacing damaged and removed trail markers. D. Historic plaques for designated properties —Status of establishing a marker program for designated properties. E. Website development—Status of website information for public access to property designations and resources 8. Other 9. Comments by members 10. Public comments 11. Announce date of next meeting —September 14, 2020 12. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or designee Planning and Development Board Meeting Page 2 Agenda August 23, 2011 will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561)742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Minutes of the Historic Resources Preservation Board Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Monday, March 9, 2020, AT 6:30 P.M. Present: Barbara Ready, Chair Mike Rumpf, Board Liaison Ben Lowe Mike Wilson Also Present: Eleanor Krusell, Communications Manager. A quorum was not present and the meeting did not take place; however, Eleanor Krusell, Communications Manager, was present to make a presentation about the City's Centennial activities. Ms. Krusell reported part of the planned activities was to give a historic tour. She was asking the Board to assist and form some type of a working group. Two main tasks were to identify sites for the tour and who might help in terms of speaking to tour attendees on a bus tour on a mapped-out route. Discussion followed the tour should not be limited to designated sites on the local or national registry, it could include other sites in the City that have history behind it. As an example, the SE Headquarters for Motorola was in Renaissance Commons and it is part of the City's past. There are a couple of businesses in town that also have a long history. Ms. Krusell explained the City Commission approved what she presented a month ago and she distributed a City Calendar containing Centennial activities each month. There were funds allocated for the bus. The free tour would be held during Historic Preservation Month and could be offered several times if necessary. She read the activities as contained in the meeting material. She thanked the Historical Society for providing additional postcards and explained she hoped to get 100 volunteers involved in the event. They have a website people can visit and sign up to volunteer. A Steering Committee was appointed by the City Commission and Ms. Krusell agreed to send Chair Ready the list of appointees. They wanted representation from each district. This month, the City is holding a logo contest. The Post Office will allow the City to put a "Barefoot Mailman" postmark on mail distributed in Boynton Beach, and stamps to purchase online throughout the year. There will be a postcard campaign in the schools teaching students to write and to send postcards and the City will pay to mail them. Thursday will be a free day at the Beach from 8 to 5, as on March 12t", 99 years ago, the City bought land for the beach. The City will advertise the Centennial at the Blarney Bash and there will be hidden Centennial coins. If attendees find Centennial coins they can cash them and receive a discount on item that will be at the 4t" of July event. The City will unveil a large artwork on the corner of the Town Square on March 27th. April will feature the Easter Eggstravaganza and staff will hide the Centennial coins. The Fire Station opens April 15th so there will be history included. On Earth Day at Sara Sims Park, the City will distribute seed packs and trees native to Boynton Beach. May is Preservation Month, but the City has not yet selected a date for the proclamation. Students will write letters for the time capsule telling future students what school was like 100 years past, and the developer will place the time capsule in a vault with a plaque. The newly renovated Woman's Club will host a Mother's Day Tea with 100 year old tea cups. In June, the Police Department Headquarters opens. The Police Department is creating a history book as the Department is also 100 years old and will have a Grand Opening. Lionfish Derby will take place and the City incorporate history there. The Golf Course opened June 7th and feature free play for the day for the first 100 people. The City incorporated 1921 on July 21St, The July main event is the 4th of July with expanded fireworks and the City will provide a veteran's tent that 100 year- olds can use to watch the show. Additional bus service from Boynton Beach Mall will be available and the Post Office will be on site stamping postcards people fill out. The new Town Square Grand Opening will be on July 21St and the City will be offering tours of the Cultural Center, Museum, Kapok tree and City Hall. The first City Commission meeting they will place the time capsule in new lobby with postcards and staff is creating a coffee table book. There will be an August Block Party at Sara Sims Park. There will be a Back to School Bash at the pool. September is the Cultural Center's public Grand Opening. In October, the Coalition of Clergy will have dinner and music at the church and kinetic art installations will take place for the Avenue of the Art. Pirates Fest will take place in October on Ocean Avenue with coins and November will feature 100 turkey giveaways. December is the tree lighting. The tree lighting and parade is separate. Ms. Krusell explained the City wants 100 parade entries for the Centennial. It is the City's 50th parade and they hope to get a Grand Marshal that is 100 years old. The tree lighting will be by City Hall. A platform created for the tree similar to by the Schoolhouse Children's Museum will be historically decorated for the Centennial. December 12th is the Centennial Gala upstairs with music and a sit down dinner. Ms. Krusell explained the City needs volunteers to assist in the planning process. All the activities are based on funding and volunteer music. Mr. Lowe inquired if the City was looking for someone born in Boynton Beach that is 100. Ms. Krusell responded they were. She noted the hospital was just celebrating its 50th so any potential candidates likely had to be born at Saint Mary's Hospital. Ms. Ready suggested contacting Dr. Weens daughter as her father delivered probably more than 7,500 babies in his 46-year career. A suggestion was also made to contact Harvey Oyer. It was noted he would help with a video. Mr. Lowe inquired if the High School was open and learned it was not. He hoped they could tour It on the 21St. It was noted some classes would start there, but it is the parking that will be the challenge. The City planned to move staff there the last week in June, plus parking is needed for the Children's Museum. Ms. Krusell advised there will be a temporary lot. Mr. Rumpf asked the members what they may want to contribute to the effort, or who they could get to participate that is knowledgeable. Mr. Rumpf advised he will send an email talking about that and try to arrange a kick-off brainstorming meeting about sites (map) and who can contribute information to it. Mr. Rumpf thought the meeting would last three or four hours. Ms. Ready noted all the historic sites already had QR codes. The tour could also drive by the historic cemetery. Mr. Lowe suggested having a long tour and a short tour to rotate. Some people may want a two-hour walking tour, but it would all hinge on what they have to look at. Mr. Lowe noted Janet DeVries-Naughton took people on a two-hour walking tour in the past. There will be a trolley on the 21St to show off the art on the Avenue. Discussion followed Boynton was home to Indian Alligator Shows and, a sponsor of the show, Pepsident bought the land. The mangroves had deep roots in Boynton and it will be the topic of a Historical Society's presentation on April 19th at the First Presbyterian Church. Next Monday, Ms. DeVries-Naughton will speak about women's suffrage. In 1966, Sunshine Square was a stand-alone building facing Woolbright Road. It was a two-lane country road but the aerial showed it to the south of the mangos. Pineapples also grew on Ocean Avenue and tomatoes were also sold. Mr. Wilson noted Boynton Billiards had an old broadcasting studio and someone told him about a room there. He thought a walking tour may be appropriate. Ms. Ready suggested a Teach your kid how to fish at the marina would generate excitement from the younger generation and she offered to help. The events will be advertised in the water bill. The City will print a tri-fold brochure, and have additional advertising via billboards and social media, etc. There are light poles on Boynton Beach Boulevard and by the bridge that can be used to help celebrate the events as the City has done for past celebrations. Ms. Krusell also found some records and a re-enactment and a skit about the incorporation may be popular. Mr. Wilson recalled for years incorporation kept surfacing but the residents did not want I, but in 1919, 1920 there was consensus. Ms. Ready recalled Boynton used to have a beauty pageant at the marina, and community fish-frys where the boat captains would come back with their catch. She thought the City could pre-sell tickets and Kim Kelley and her husband may be interested. The Sea Mist and Buds have also been around for a long time. Ms. Ready agreed to help Mr. Rumpf agreed to email all the members about what kind of ideas they have. 8/10/2020 HISTORIC RESOURCES PRESERVATION BOARD August lO,2020 Item 6.A Historic Preservation-Program Overview & Orientation Intro and Program Video i I 1 8/10/2020 Summary of Selected Milestones & - Accomplishments •1979-Boynton Woman's Club Nationally Registered •1994-"Boynton School"Nationally Registered •1996-Inventory of Historic Sites •1996-First LDRs added to promote HP •2009-Ad hoc Committee •2010-PSA prepared and aired to promote preservation Summary of Selected Milestones & Accomplishments (Cont.) •2011-in historic preservation planner hired --Warren Warren Adams City's 1st HP Planner: Warren Adams MA MRICS �. r . i r •Certificate in Building Construction Mgt.(Scotland) •B.Sc.in Land Economics(Paisley,Scotland) 3 5 •M.A.(with distinction)in Conservation Studies(York,England) •Member of the Royal Institution of Chartered Surveyors(Americas) 2 8/10/2020 •City of Delray Beach Pr ', •City of West Palm Beach •City of Dania Beach •Broward Trust for Historic Preservation �-•� •Historic Scotland •English Heritage •National Trust for Scotland •Heritage Lottery Fund •Member of the Palm Beach County Historic Resources Review Board •Former Chair of the Boynton Beach Historic Preservation Ad Hoc Committee •Former member-Florida State Citizens' Advisory Board on Historic Preservation •RICS media contact for historic preservation issues in Scotland •Delegate-Ntl Trust conference-Little Houses Improvement Scheme •Yorkshire Group Organizer-Society for the Protection of Ancient Buildings Summary of Selected Milestones & Accomplishments Cont.) •2011-LDRs updated with complete HP Program •2011-Ruth Jones Cottage Relocated to 480 E.Ocean Ave •2012-CLG Status Achieved •2012-1s'Local Registry Designation;331 NW in Ave. •2013-Established HP Design Guidelines 3 8/10/2020 - Pro ram Overview •Inventory of Historic Assets •CLG •Designation of historic properties(local and national) •Designation of local districts _ •Asset Education •Certificate of Appropriateness _ •Establishment of Historic Districts •Tax Exemption Program CLG Reg uirements J eneral •Adopt/maintain structured program •Maintain active Preservation Board;meet min.4xs/yr •Report meetings,and changes in Board to State Office •Maintain list of properties,submit changes •Submit changes in the local preservation regulations •Submit an annual report •Participate in CLG evaluations •Filing of Sate Master Site File Forms Board's Principal Responsibilities •Administer/Sustain the HP Program •Consider initiatives to advance the HP Program - - •Historic Property Designation •District Reviews&Recommendations to Commission •Certificates of Appropriateness reviews&determinations 4 8/1O/2020 Boynton Beach High School Before(Oct.2011)& � After ` , w u , I ' t S lti�1 , lst Floor Hallway In Floor Below �s Gymnasium 1��s+ 5 s/10/2020 Gymnasium t Gymnasium — HISTORIC RESOURCES - -- PRESERVATION BOARD August 10,2020 - 6 3 HISTORIC PRESERVATION BOARDAugust 1,Oo, 0 'HANDOUTS, 7 Regular members- 2 Alternates Established 2/15/11 2 year staggered terms for all members Ordinance No. 10-25&11-007 2020 HISTORIC RESOURCES PRESERVATION MEMBER EXPIRES PH NE PROFE SIQN Ramiccio,Thomas 12/20 561-386-7812 Retired Gov 4065 Trovita Blvd. (33436) Appt 5/5/20 :r rail awl Official Feldman,Jesse 12/21 954-770-2179 Attorney 117 South Seacrest Blvd. (33435) Appt'd 12/4/18I—es .,r b ¢ , ldmig) r s„W, rn Wright, Bernard 12/21 754-246-0767 Minister/Robert 713 NW 2nd Street(33435) Appt'd 4/21/20 r and rem y@hgg E. Wells Fndtn. +Ready, Barbara 12/20 313-5185 (c) Banking 34001 Baez Bay(33436) Appt'd 5/17/11 fivr aol. i *Lowe, Dr. Ben 12/21 317-5174 Chair, FAU 751 SW 35th Avenue (33435) App'd 4/2/19I„ vim( IIsi History Dept. Tidwell III, Hollis 12/20 561-707-4501 Architect 324 SW 3'd Avenue(33435) Appt'd 8/4/15 h Ijj ` e ai LrchfteqaQQM Wilsocs, Michael 12/21 561-260-1296 Land to Sea 1224 Isle Ct. (33426) Appt'd 5/17/16 l ::i t ga'rr�comes�t. t Photography- Owner ALTERNATES: Vacant _ 12/20 __ _..___. ..�.....��_.... _ . .. Small,Jerome 12/21 561.572.7680 Field Engineer 1246 Sweet Violet, WPB (33415) Appt'd 6/16/20rsld4 ra61m CITY EMPLOYEE REPRESENTATIVE: Mike Rumpf, Director of Development *2 members—Architecture, history,architectural history,archaeology, landscape architecture or planning +3 members—commercial development real estate, banking or law #2 members—at large S:\CC\WP\BOARDS\LISTS\2020 Board Lists\HISTORIC RESOURCES PRESERVATION BD.docx P Art. I . Definitions HISTORIC PRESERVATION -Any definition set forth in 36 C.F.R. Part 60 (the then- current Code of Federal Regulation, as may be amended from time to time) shall be included in the definition for such term (and shall control to the extent there is a conflict of meaning), or as an additional definition, if such term is not otherwise defined: 1. ALTERATION - Any construction or change of a resource. 2. BOARD - The Boynton Beach Historic Resources Preservation Board (HRPB). 3. BOYNTON BEACH REGISTER OF HISTORIC PLACES - An official listing maintained by the city of all historic properties and historic districts so designated by these Regulations. 4. BUILDING(S) - A construction, such as a house, garage, church, or hotel, created principally to shelter any form of human activity. 5. CERTIFICATE OF APPROPRIATENESS - A document evidencing approval by the Board or the city staff for work proposed by an applicant. 6. CERTIFICATE OF ECONOMIC HARDSHIP - A document evidencing approval by the Board of an application for economic hardship as that term is defined in these Regulations. 7. CERTIFIED LOCAL GOVERNMENT (CLG) - A local government approved by the Florida Department of State, Division of Historical Resources, to perform certain historic preservation functions. 8. CONTRIBUTING PROPERTY- A property that contributes to the historic significance of a historic district by location, design, setting, materials, workmanship, feeling, and association and thus adds to the district's sense of time, place, and historical development. 9. DEMOLITION -Any act or process that partially or totally destroys a resource. 10. DESIGN GUIDELINES HANDBOOK- Document utilized by the city which illustrates examples of design features, historic styles and treatment options which preserve the historical, cultural and architectural character of a historic district or property. 11. DISTRICT - (see "Historic District" below). 12. ECONOMIC HARDSHIP - An onerous, extreme and exceptional economic burden that would be placed upon a property owner by the denial of an application for a certificate of appropriateness or by the imposition of conditions placed on the granting of such certificate. 1 - A change in the qualityi t ric 1, architectural, archeological or cultural i i is ce of a property or district, or in the characteristicsqualify property or district i t II important. 14. FLORIDA MASTER SITE FILE - An archivef all known archaeological i i I sites and districtswithin the StateFlorida is maintainedthe Floridat of StateDivision Historical Resources and i organized I tic ll county and numerically, recorded. 1 . HISTORIC DISTRICT -A geographicallyt i tCity Commission i significant r i , linkage, or continuity of properties ited historically or aestheti I l physical development. 1 . HISTORIC PROPERTIES -Those propertiesi y the City Commission i f historical, cl reitectural or archaeological ic . 17. official federal lit of historic districts, sites, buildings, structures, and objects significantin Americanhistory, architecture, r it engineering, s I , and culture. Authorized under the National Historic Preservationc be amended from time to time, maintained t of the Interior. 18. NON-CONTRIBUTING PROPERTY A classification appliproperty within i t ric district signifyingit does not contribute to the qualitiesiv the historic i tris cultural, i ric I, architectural, or archaeologicali i is c embodiedin the criteria r designation of a district, but whichc its location within a district should followreview r required I i . 1 primarily i tic item c!osely linked i the property. Said item is typically relati l ll in scalesimply constructed, suc t , milepost, statuary, or fountain. 20. PROPERTY - Area of land containingihistoric r c resources, is includei ing, site, structure, object, or district. 1. RECONSTRUCTION -The process of reproducing by new construci detailexact form and of a demolishedr it appeared at a certainint in time. process22. REHABILITATION - The iri altering r efficient, sustainable rite contemporary use is achieved, i{ preserving those significant i i I, architectural, or cultural is establish character r 23. RELOCATION - Any change of the location f a building, structure or obj ct from its present settingr setting. 24. RESOURCE - A building, site, structure, object, r district that reflects historical, c l is 1, or cultural si i i . 25. RESTORATION - The process accurately recovering rdetails of propertyit appearedt a particularperiod i is involve the removal of later additions or alterations, or the replacement of missing features. 26. SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - A federal document set forth in 36 C.F.R. 67, as amended from time to time, which provides guidance on the sensitive rehabilitation of a historic property. 27. SETTING - The physical environment of a property, including all landscape elements. 28. SITE - The location of an event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure. 29. STRUCTURE(S) - A combination of materials to form a construction, generally used to distinguish from buildings those functional constructions made for purposes other than creating human shelter. (For example, a bridge, wall, fence, pond). C'h_ 2 Art It, Sec. 6. Historic Preservation _A pplications. A. Certificate of Appropriateness. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well-defined application process, and information to guide in the review of Certificate of Appropriateness submittals. b. Applicability. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. Utilizing the Design Guidelines Handbook, the Board reviews applications for Certificates of Appropriateness for alterations, new construction, demolitions, relocations affecting proposed or designated Properties or Properties within Historic Districts. c. Terms and Definitions. See Chapter 1, Article 11 for definitions and terms associated with historic preservation. d. Review Authority. The required level of review shall be depicted in a "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" (the "Matrix"). The Matrix will contain a list of design features, such as roofing materials, window types, shutter types, etc. The Matrix will indicate whether such features may be administratively reviewed or if Board review is required. The Board shall approve or amend the "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" as needed. If staff does not grant administrative approval of an application, the application may be referred to the Board for review. Any applicant may request referral to the Board rather than administrative review. An application referred by staff or an applicant will be considered in accordance with the application review schedule contained in Section 2.b. below. 2. Submittal Requirements. a. Application and Fees. Requests for Certificates of Appropriateness shall be made only on application forms approved by the Board. Submittal of the application must be made with the appropriate site plans, drawings, photographs, descriptions, and other documentation needed to provide staff and the Board with a clear understanding of the proposed action. Application fees and other applicable charges shall be established by resolution adopted by the City Commission. b. Completeness Review and Board Agenda. Staff shall review all applications for Certificates of Appropriateness to determine whether an application is complete. If the application is incomplete, staff will notify the applicant of what additional information is necessary. An application will not be reviewed until staff determines that it is complete. All Certificates of Appropriateness applications eligible for administrative review will be reviewed in a timely manner and a written decision sent to the applicant. All Certificate of Appropriateness applications requiring Board review will be scheduled for hearing by the Board at the first available meeting approximately six (6) weeks after receipt of the completed application. The meeting shall be publicly announced and will have a previously advertised agenda. The Board may suspend action on the application for a period not to exceed thirty days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. 3. Review Criteria. See Chapter 4, Article IX, Section 6.D. for the review criteria applicable to the Certificate of Appropriateness. 4. Approval Process. a. Decisions. Decisions regarding application for Certificates of Appropriateness shall be based on the application, the application's compliance with this Ordinance, and the evidence and testimony presented in connection with the application. Any conditions or requirements imposed shall be related to the Certificate of Appropriateness sought by the applicant. If conditions or requirements are imposed as a condition of approval, the Board may direct staff to review the amended plans and approve the COA if all conditions or requirements have been addressed. b. Notice of Decision on Application. Staff shall notify the applicant in writing of any decision on the application within five (5)working days from the date of the decision. 5. Certificate of Economic Hardship. Prior to taking an appeal of a decision to the City Commission on an application for Certificate of Appropriateness, an applicant may file a request in writing for a Certificate of Economic Hardship. Utilizing information supplied by the applicant, the Board reviews requests for Certificates of Economic Hardship to determine if a decision regarding a Certificate of Appropriateness application has caused or will cause an economic hardship. a. Application. A request for a Certificate of Economic Hardship must be submitted in writing within 30 days of the date of the hearing at which the Board's decision on the Certificate of Appropriateness application is announced. b. Board Agenda and Notice. The Board shall schedule a public hearing within 60 working days from the receipt of the application and shall provide notice of such hearing in the same manner as for the Certificate of Appropriateness application. c. Negotiations Prior to Certificate of Economic Hardship Hearing. During the period between receipt of the Certificate of Economic Hardship application and the Board's public hearing, the applicant shall discuss the proposed action with staff, other City officials and local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the Property and/or the District. Staff may request information from various City departments and other agencies in order to negotiate an alternative resolution that is in the best interest of the applicant and the City. If negotiations are successful staff shall make written recommendations to the Board regarding such alternatives. d. Determination of Economic Hardship. The applicant has the burden of proving by competent substantial evidence that the Board's decision regarding the Certificate of Appropriateness application has caused or will cause an economic hardship. To determine economic hardship, the applicant shall submit the following with the request for a Certificate of Economic Hardship: (1) Proposed construction, alteration, demolition and removal costs; (2) Structural and condition reports from a licensed professional with experience in assessing historic buildings; (3) Estimates as to the economic feasibility of rehabilitation or reuse; (4) The purchase price of the property-details of annual debt service or mortgage payments, recent appraisals, assessments, and real estate taxes; (5) Details of any income obtained from the property and cash flows for the previous two (2) years; (6) The status of any leases or rentals; and (7) Details of any listings of the property for sale or rent for the previous two (2) years. The applicant may submit or the Board may request any further additional information relevant to the determination of economic hardship. The effect of denial of the application for Certificate of Economic Hardship is that the decision regarding the Certificate of Appropriateness is upheld. If the application for Certificate of Economic Hardship is granted, the Board may issue the Certificate of Economic Hardship without conditions. Alternatively, the Board may issue the Certificate with conditions that will avoid the economic hardship and have the least { adverse effect to the Property and the District. Such conditions include, r limited t valorem relief, loans grants,or requiring to market and offer the Property for saleit market price it ri preservation r ciperiod time x i acquisition it fir market value, Building Zoning modifications, relaxation of the provisionsi i c , recommendation i Manager some or I of the applicablefees be waived, c relief as appropriate. Appeal6. of Certificatei i i Hardship Decisions. li I a decisionthe CityCommission regarding an appli ti r Certificate of Appropriateness / application for Certificate is Hardship. The applicantI ile a written noticethe appeal with staff withint i is decision application is i Commission II place the mafter on the Commission's within r !ng days from the dateinotice of appeal. The meetingis the appeal is placedI! be no later than 60 working from the itten notice of appeal. Consideration of the appeal by the CityCommission II be de novo, review. City i i ll be required I applicable rit i forth in thisi c . decision i Commission I to a court jurisdiction wit i i ( ) days after the hearingis c! i is announced. B. Historic District or Properties Designation. 1. General. a. Purpose and Intent. The purposeintent of thisi is to set forth a uniformed r r , well-defined lic i process, information designating i is "historic" fi in these Land DevelopmentI i . b. Applicability. r application ll be applicableimproved property that meetscriteria i te IX, Section 6.C. Applicationshistoric designation initiated Iy the following: (1) Historic Resources Preservationherein referred r " Chapter 1, Article VII, Section 4). ( ) City Commission. (3) A property ownerr designation of a Site. ( simple j ity of property ownersi in the proposedDistrict r consideration r designation. For District designations, l be allotted (1) vote. identity t ll be determinedy the most currentI County Tax Rolls. Only the Board or the City Commission may initiate designation of a property or district owned by the City, County, State or by an entity created by state law. c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation. 2. Submittal Requirements. Nominations for historic designations shall be made only on application forms approved by the Board. 3. Review Criteria. See Chapter 4, Article IX, Section 6.C. for the review criteria applicable to designating a district as historic. 4. Approval Process. a. Board Agenda. Following staff determination that an application for designation is complete; the application shall be scheduled for a public hearing by the Board. b. Board Public Hearing Notice. The Board shall advertise and hold a public hearing in accordance with the following public noticing requirements: (1) For the proposed designation of an individual site, the applicant, at least ten (10) calendar days prior to the date set for the public hearing, shall: (a) Mail a notice of the time, place and subject matter of the public hearing to any owner of abutting or adjacent property as determined by the Historic Preservation Planner. (b) Post one (1) sign for each street frontage of the property in a prominent location. (2) For the proposed designation of a historic district, the applicants), at least ten (10) calendar days prior to the date set for the public hearing, shall: (a) Mail a notice of the time, place and subject matter of the hearing to any owner of real property within 400 feet of district subject to potential designation. (b) Post signs in prominent locations along public streets at the outer boundaries of the proposed district in such a manner as will assure that the signs will be seen by as many affected property owners as possible Signs shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high. c. No Action Permitted During Pendency. During the period that a designation application is pending, no changes to the property or district shall be made unless first approved by the Board. The application is considered "pending" until the final decision on the designation is made by the City Commission. d. Board Recommendations. The Board shall make a recommendation as to the proposed designation at the public hearing, based on findings of fact which support the recommendation. The Board's recommendation shall be reduced to writing within 15 working days after the hearing date. If the Board votes to recommend approval, it will forward the application with recommendations to the City Commission. If the Board recommends denial, no further action is required unless an applicant, or not less than two-thirds of the affected property owners (in the case of a District), appeals to the City Commission. In such event the City Commission may reconsider designation or require the Board to do so. e. City Commission Decision. Following the Board hearing, a designation application with a Board recommendation for approval shall be scheduled for hearing by the City Commission. The City Commission may approve or deny the designation application. Alternatively, the City Commission may approve the designation with conditions or delay designation for up to one (1) year. The City Commission shall make written findings of fact on which its decision is based. f. Boynton Beach Register of Historic Places. A Resource designated by the City Commission as historic shall be listed in the Boynton Beach Register of Historic Places. The Register shall be updated periodically and the inventory material will be open to the public. Inventory materials shall be compatible with the Florida Master Site File and duplicates of all inventory materials will be provided to the State Historic Preservation Office. Resources listed in, or eligible for listing in the National Register or on the Boynton Beach Register of Historic Places, either as a Property or as a Contributing Property within a District, may be entitled to modified enforcement of the City's applicable building and zoning codes, if in accord with the Design Guidelines Handbook. g. Designation Recorded. The historic designation ordinance shall be recorded in the Official Records of Palm Beach County. Boundaries for historic districts and individual properties identified in the ordinance shall be clearly established. The designation shall be noted in the official records of the City's Planning &Zoning and Building Departments to ensure that all City actions taken in connection with the subject property or district are taken subject to the designation. h. Historic District Street Signs. For Districts, the City shall erect standardized street signs identifying the District within two (2) years from the date of such designation, subject to economic feasibility. The design shall be first approved by the Board. C. Historic Preservation Property Tax Exemption Application. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well-defined application process, and information to guide in the review of Historic Preservation Property Tax Exemption submittals. b. Applicability. This application shall be applicable to all improved property that meets the criteria of Chapter 4, Article IX, Section 6.E. c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation. 2. Submittal Requirements. See Chapter 4, Article IX, Section 6.E for the submittal requirements of this application. 3. Review Criteria. See Chapter 4, Article IX, Section 6.E. for the review criteria applicable to the Historic Preservation Property Tax Exemption. Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements. A. General. 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical cultural, social, economical, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city's historic districts and neighborhoods; h. Protect an enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See Chapter 1, Article� for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants-In-Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property affecting a Historic Property or a Property within a Historic District and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 5. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 6. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 7. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment as well as skylights, shall be located on a non-character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: g a. Association ith events that havesignificant tri ibroad patterns of the City'si r b. Association ith the lives of persons significant in the City's ; or c. Embodies the distinctivei , period or method of construction, r represents the work of a master, r possesses highartistic values, represents i i i t and distinguishabletit components may lack individual s i i ; yielded,d. Has r may be likely to yield, information important in prehistory history; e. Is listed in the National Register of HistoricPlaces. 2. Criteria i ti Ordinarily tri birthplaces, v historical figures, propertiesreligious institutions or used for religious purposes, structuresve been moved fromtheir original locations, cted historic buildings, i primarily r i in nature, and propertiesthat have achieved significancewithin t 50 yearsl considered eli { I the Boynton Beach Register i ric Places. However, i ill qualify if they are integral parts of districts that do meet the criteriaif they fallwithin following categories: religious r y deriving primaryi i i c from architecturalr artistic distinction r historical importance; building r structure removed its originallocation but whis is primarily significant for architecturalvalue, i is the survivingstructure t importantly associated withhistoric r r event; or birthplace or gry i i figure t i importance if there i no appropriate i it i associated ith his or her productivelife; r cemetery riv its primaryimportance v f persons of transcendent importance, from age, f i ti tive design features, r from association with historicevents; or reconstructed buit { c in a suitableenvironment presentedand in a dignifiedr as part of a restoration t r plan, and when no other building or structure withassociation survived; or f. A property primarilycommemorative in intent i i tradition, or symbolic value has invested it with its own exceptional significance; or propertyc i vi significance it i if it is of exceptional importance. 3. Procedures. See Ch 4. Removal of Designation. designation removed the City Commission t recommendation. c recommendation I be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity-owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation k Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local ici I , owners of record, and applicantsI be given a minimum f thirty calendar days and not more than seventy-fivecalendar days prior notice to Historicti ti in whichto comment objectlisting in the National Register. b. Objections to beinglisted in the National Register by property owners must be notarized and filedi the State HistoricPreservation i r. Within thirty after its meetingr i ric Preservation Officerits action the nominationrecommendations i i l . Appropriate local officials, the owner and the applicanttiff faction. c. The State Historici i ill take further steps on the nomination in accordancei r l and state regulations. it r the local ici I the nomination, the StateHistoric Preservation Officerill schedule i ti consideration by the state review i I Register its next regularmeeting. If both the Boardthe local officialsrecommend that a property not be nominatedto the National Register, the State Historic Preservation is r will take no further actionnomination I l i filedit Historic i Officer. 8. Designated i ric Sites. The followingHistoric Sites haveestablished: a. National Register. (1) Boynton Woman's Club, 1 1 { , located on Lots 4, 5, less the West 35 feet thereof, Parkert c r i plat thereof recorded in Plat Book 10, Page 37 of the Public records f Palm BeachI i . (Published / / ). (2) Boynton School, 1 1 East Ocean Avenue, I o Block Sawyer'si ion, City of Boynton Beach, Florida. (Published 3/711994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Propertiesall Resources, including -c tri i i , within s ri . 1. Secretary of the Interior's Standar for Rehabilitation. In reviewing application, the SecretaryInteriors Standards for Rehabilitation amended from time { } shall be applied. current versiis as follows: Property Il be used for its historic purpose or be placedin a new use that requires minimal change to the definingcharacteristics of the Buit i its site environment. b. The historic c f a PropertyI retained preserved. removal of historic materials or alteration of featuresspaces that characterize Property I be avoided. c. Each PropertyI recognized is I record of its time, I c , and use. Changes that create a false sense of historical development, suchadding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. L New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (1) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character-defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions of historic structures within a Historic District shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. The Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, omaments, fixtures and the like. d. Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: (1) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (2) There are no definite plans for the area to be vacated. (3) There are definite plans for the area to be vacated that may adversely affect the character of the District. (4) The Resource cannot be moved without significant damage to its physical integrity. (5) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (6) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board's decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board's decision, a new Certificate of Appropriateness application for such change must be submitted for review. D. Historic Preservation Property Tax Exemption Program. 1. General. a. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. b. Exemptions. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior's Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 2. Tax Exemption for Historic Properties. a. The City Commission hereby creates a tax exemption for the appropriate restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any appropriate renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. b. The above exemption does not apply to: (1) Taxes levied for payment of bonds; (2) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (3) Personal property. 3. Qualifying Properties and Improvements. a. The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (1) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (2) Is a contributing property to a national register-listed district; or (3) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (4) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. b. For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended. (2) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and (3) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. 4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being "regularly and frequently open" for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 6. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. 7. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. a. Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. b. If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. 8. Appeals to the Historic Resources Preservation Board. a. Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file a written notice of appeal of the denial to the Board. The appeal shall be processed in accordance with the public meeting and notification procedures required of the City's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the Historic Preservation Planner. b. If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 9. Issuance of Other Permits or Approval. If all or.part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. 10. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. 11. Final Application and Request for Review of Completed Work. a. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. b. If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. c. If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 12. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. 13. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. 14. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and the resolution of the City Commission approving the Final Application and authorizing the tax exemption. 15. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. 16. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: a. Revocation Proceedings. (1) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (2) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (3) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the fficial records of Palm Beach County; (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and b. Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. 17. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. E. Standards for Archeological Work, Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts)within the municipal bounds. 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense of the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-006, passed 2-15-11; Am. Ord. 12-008, passed 5-15-12; Am. Ord. 12-016, passed 10-2-12) CONTRIBUTING NON-CONTRIBUTING ACTION NO REVIEW j STAFF BOARD NO ADDITIONS REVIEW STAFF BOARD -_ 1. Visible from the street and 10%or less of the existin+,�building square footage 2 2 2. Not visible from the street and 20%or less of 2 2 the existing,building suare footage 3. All other additions 3 3 CANVAS AWNINGS 1. On main fagade and facades visible from 2 2 street 2. All other facades 1 1 CARPORTS(Addition or enclosure) 3 3 DECKS,PATIOS,PERGOLAS 1. With a structure 2 2 2. Without a structure 1 X DEMOLITIONS 1. 10%or less of a non-historic addition 2 2 - 2. All other 3 3 DOCKS(with or without a structure) X X DOORS/GARAGE DOORS 1. Same materials,sr 0e&size I 1 2. Chan+;e in materials or si rle 2 2 3. Chan,„e in openings on the main facade 3 2 4. Chan,,e in opening.,on a secondary facade 2 2 DRIVEWAYS&SIDEWALKS 1 1 EXTERIOR WALL FINISH 1. Removal of not historic vinyl/aluminum siding 2 2 siding m 2. All other finishes(including painting of an 3 3 originally unpainted surface) INTERIORS(Ad Valorem Tax Exemption Applications ONLY) 3 X LANDSCAPING X X MECHANICAL SYSTEMS causing an effect 2 2 NEW CONSTRUCTION 3 2 PAINTING X X POOLS X X PORCHES 1. Oen an enclosed porch 2 2 2. Enclose a porch on the main facade 3 3. Enclose a porch on a secondary/non-visib]e facade 2 1 RELOCATION 3 3 REPAIR (' - 1. Same material 1 1 2. Change in material 2 2 ROOF 1. Same material&shape 1 1 2. Change in material _ 2 2 --- ___ 3. Chane in shape 3 3 SHEDS 1 1 SHUTTERS 1. Removable Shutters 1 1 2. Permanent Shutters visible from street 2 2 3. Permanent Shutters not visible from street 2 1 SITE WALL&FENCES _ 1. Walls/fences behind front facade 1 1 2. Walls/fences in front of front fagade or on a 2 2 corner WINDOWS I. Same materials,style&size 1 1 2. Change in materials or sstrle 2 2 3. Chanrge in openings on the main facade 3 2 . .. __.� - 4. Change in openings on a secondary/non- visible facade 1-Review of Building permit application by Planning staff. 2-Review of Certificate of Appropriateness application and determination by Planning staff. 3-Review of Certificate of Appropriateness application and determination by Board. 11 Boynton Beach Register of Historic Places Site No. Site Name Address Designation Date HS 12-001 Audrey D. Gerger House 331 NW 1 st Avenue October 2, 2012 HS 13-001 Sophie Amichai House 229 SW 1 st Avenue January 15, 2013 HS 13-002 Oscar Magnuson House 211 East Ocean Avenue January 15, 2013 HS 13-003 Boynton High School 125 East Ocean Avenue February 5, 2013 HS 13-004 Boynton Hills Lights NW 1 st Street October 1, 2013 HS 14-001 Lake Boynton Estates Entry Feature 569 West Ocean Avenue April 16, 2014 HS 14-002 Boynton Woman's Club 1010 South Federal Highway October 7, 2014 HS 15-001 Barton Memorial Park Cemetery 561 NW 12th Avenue April 7, 2015 HS 17-001 Boynton School 129 E. Ocean Ave. June 6, 2017 t o Std ► �77 " 79000686 Boynton Woman's Club 1010 South Federal Highway April 26, 1979 94000139 Boynton School 141 East Ocean Avenue March 7, 1994 t ■tt■��i�� ■1lI1f11�■ ' ` � Sii11i■ w`11111� 949, NO a ifliiil tn1lug I I Von 11 IN MR .. .., �1■wr■r ;� Ali MALE Falls ,. �14�■■ .�rin rrr �� �.. 1trt{%M ■tr ,�s�M ■lsi�t ■1■■■1! ■�r�Er�.7.�rr ■Il no Ron!i■i► ■ain*■R . — ■a�t,sur all ■1 . 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