Loading...
Agenda 03-14-22CITY OF BOYNTON BEACH HISTORIC RESOURCES PRESERVATION BOARD MEETING AGENDA DATE: Monday, March 14, 2022 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Ocean Avenue __________________________________________________________________________________________ 1. Call to Order 2. Agenda Approval 3. Approval of Minutes – February 14, 2021 4. Communications and Announcements 5. Old Business: None 6. New Business: A. Local Registry of Historic Sites – Overview of properties to be reviewed for addition to the City’s Local Historic Registry. B. Amendments to LDRs and Historic Preservation Program – Review of proposed amendments to the Land Development Regulations and Historic Preservation Ordinance intended to increase incentives for historic preservation and remove possible impediments to preserving local historic assets. 7. Other 8. Comments by members 9. Public comments relative to historic preservation 10. Announce date of next meeting – April 11, 2022 11. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within 15 minutes of the noticed start time of the meeting the City Clerk or designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE 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 Resource Preservation Board Meeting Held on February 14, 2022, at 6:30 p.m. in City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Barbara Ready, Chair Mike Rumpf, Board Liaison Tiffany Crump Thomas Ramiccio Mike Wilson Dr. Ben Lowe Rhonda Sexton, Alternate 1. Call to Order Chair Ready called the meeting to order 6:31 p.m. 2. Agenda Approval Motion Mr. Ramiccio moved to approve. Mr. Wilson seconded the motion. The motion passed unanimously. 3. Approval of Minutes – December 13, 2021 There were three changes: on page 2, fourth paragraph, last sentence. “The Board Human Rights Commission drafted the Resolution.”, page 6, the last line, “Attorney Torcivia thought it was not the same.”, and on page 10, “Chair Ready announced the Historical Society’s Third Annual Dinner Art Show on January 15th . . . “. Motion Mr. Ramiccio moved to approve the minutes as amended. Ms. Crump seconded the motion. The motion passed unanimously. 4. Communications and Announcements Mike Rumpf, Board Liaison, advised there is Certified Local Government (CLG) training for Historic Preservation Programs, and one was held last week. Usually State training is offered once a year. The State Liaison was replaced. She has more ideas and CLG training will be offered much more frequently. Last week’s training was in West Palm Beach which was mostly a case study regarding designation of a property, the process and the unique aspects of it, which was beneficial. Community Outreach was an Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 2 interesting topic as well. Another aspect was what happens during the next budget period, what happens after Mr. Rumpf leaves City service in September, and he noted they have another planner they are introducing Historic Resource Preservation to if the City wants to maintain the status quo or use a part-time consultant. He will discuss the update of the website. 5. Old Business: A. Historic Plaque Update – Update on implementation of the program to identify historic sites with a historic plaque. Mr. Rumpf intended to have a small presentation tomorrow before City Commission. He will roll out new plaques that are ready for mounting on two buildings. He was contacted by the owner of 419 SE 4th Street, who has a 1920/1930’s property who was being pressured from someone who was acquiring land around her. She and the owner of a small parcel are holdouts as someone is trying to assemble a large parcel south of CK’s Locksmith on 4th Street down to 5th. It is prime for development, except in mixed-use zoning that recommended total assembly for that block. Holdouts would interfere with the ability to implement Community Redevelopment design strategies. The developer is asking the owner to sell. The owner is potentially interested in Historic Preservation, wanting to preserve the building and asked what the process was. Mr. Rumpf will continue to maintain communication with the her. Mr. Rumpf advised the presentation was an opportunity to get the plaque program to the Commission, but due to the length of the meeting tomorrow night, the presentation will be made in March. There will be the opportunity to showcase the program, and they will mount the plaques on the two buildings, providing for Commission and media exposure. They can coordinate a photo opportunity 30 minutes before the next meeting. The home by CK Locksmith’s was frame vernacular. Mr. Ramiccio noted the timing is not good to present a moratorium to the City Commission with the change over, but it may be the best opportunity for the Board to get into the programming, scheduling, the budget, hiring a part-time or full-time planner, and façade improvements or a paint and fix-up grant. The 1996 survey had nine properties the City identified as historically significant, but there are a lot of 1920’s and 1930’s really neat period homes that have not been kept up. He commented as long as the CRA plan is driving the design concepts the site plan will contain a lot of details. But for a new residential mixed-use project, they have some opportunity to make a difference and the timing is critical. When the Commission is in transition, this is when they can indicate where they want to see the City go. Mr. Ramiccio thought they should look at videos when the community provided input on the buildings, placement, height and the design. He understood neoclassical concepts with Renaissance-styled buildings, but not what was proposed for the Cottage District. He thought the Board should take its time and that it could start with a moratorium. Historic Preservation is not a tool to stop progress. Redevelopment may be wanted, but it should respect important characters about where you were before, otherwise you make the same Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 3 planning mistakes as he sees in the CRA plan. He did not think it was appropriate to have a moratorium now with only one person considering designation, but he thought the Board should act on it. The subject home was in the CRA District. Mr. Ramiccio emphasized existing contributing historic properties should be protected. A Historic Preservation Ordinance should have some authority to protect all properties for some times and go through a community criteria process. Mr. Wilson commented there are two or three properties just south of the residence that was vacant land. He noted the Property Appraiser’s website states the home was built in 1910 and the house is associated with a historic pharmacist, which was documented in the site file. Mr. Rumpf indicated what the Code is, and the Code states a mixed-use project is to represent an entire block. It is intended to create a streetscape for the pedestrian that is pleasing to the eye and include a number of details. That is why it is encouraged that the block not be split up. Similar to how there are zoning district standards that historic properties can be exempt from, they should also indicate this would be an exception to some of the design standards if it would prevent, encourage or motivate the assembling with elimination of a qualified historic building. Mr. Ramiccio queried what if they flipped it and emphasized the preservation of a historic structure, they may be able to redevelop if they have the design, style that fits in with the existing architecture. This would ensure they get new buildings, make sure it is pleasing and would work with the neighborhood. The problem is there is not large enough assembly of the properties as the properties are here and there. The program needs to continue to build instead of staying stagnant. The program needs attention with measure like calling attention to it I a redevelopment plan. Mr. Ramiccio asked what about creating the process for demolition. The Board is in the loop for a CO. They are not designated in a way that would require them to come to the Board for staff to take even a cursory look. It is more than just the age of the structure. It can be about a prominent person which is a very important part of the past, present and future. He thought more has to be done. He questioned if there more they could add to recommend to the City Commission where they were and where they are going in the future. He inquired if the Board could recommend to the City Commission, that before any historic property that are more than 50 years old, and they would not stop anything from occurring, but they want to be able to take a look at the property before anything happens. Mr. Rumpf explained if would require an Ordinance Amendment. Currently it states if it is a designated property, they could. It cannot halt an ultimate demolition, but it can slow it down, allow studies to occur, and allow promotion of its preservation to occur. Mr. Ramiccio stated the ordinance is designed that the property has to be nominated and go through the nomination process. He commented if it is 50 years or older, the Board needs to look at the application, it is worth it in the end. The City Commission and the Board can make nominations for designations on private property. Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 4 Ms. Sexton requested clarification if an owner is interested, the Board can make a nomination if they brought information forward to the City. Mr. Rumpf explained either way, the Board can make a nomination. The woman who approached Mr. Rumpf about designation asked how she can make sure her home is not demolished. Mr. Rumpf explained the City cannot take the property for private development. She wants to think about it. Chair Ready was curious about the small development across the street. The property is owned by of the people who are part of the assemblers in the whole vicinity. Mr. Rumpf did not know. Mr. Wilson noted the property at 407 SE 4th Street was built in 1910. There are three or four older homes that could apply. Mr. Ramiccio thought they should make a nomination. The members viewed images of the homes. Chair Ready asked Mr. Rumpf what he would recommend to bring to the commission about a potential moratorium. Mr. Rumpf responded the Board would makes a recommendation, and Mr. Rumpf would present it. There is a legal process and it implies there will be a study taking up to three or six months. Some moratoriums have been extended and the longer the time frame, the less defensible it is. It has a tight time frame and a legitimate public purpose, and a zoning stay that is underway, it is possible. Mr. Rumpf thought a moratorium is strong. He thought something more likely would be a specific proposed modification as a moratorium is very strong. Right now, it is written to let staff intervene, halt the demolition permit, while the property undergoes a basic review. It would come before the Board. Staff would present facts about it, a letter would be written promoting historic preservation of it and asking if there was consideration of the owner to preserve it or relocate it, allow staff or a consultant to come in to see if there is something noteworthy to preserve if the property was prime for redevelopment or fallen into disrepair and someone wants to demolish it because they cannot repair or maintain it. A motion was needed to propose a modification to the Ordinance. Mr. Ramiccio thought the timing for a recommendation a moratorium is not now. They can review it in the future because they need tools to protect properties. Ms. Sexton commented they need more homes designated, which gives the Board teeth to ask for something, a moratorium, or another avenue if they have a designated property would be they cannot do demolition until they bring in an approved site plan. The Forest Park neighborhood has great examples. The homes are not in disrepair, although not fancy, and they could be designated and come up to a different criteria for them to be demolished or a grouping of homes and a builder comes in a demolishes 10 of them and builds something new. Discussion turned to amending the Historic Resource Preservation Ordinance. Mr. Rumpf will concurrently review how other aspects of the Code can be enhanced for recognition of historic properties. People want to walk as there is something to see. If something interrupts the streetscape, This property got tossed into this scenario and there is an opportunity for an exception for the benefit of Historic Preservation. H noted Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 5 instances in which there are skyscrapers and a small cottage next to it and the cottage becomes part of the landscape. Chair Ready commented Mr. Rumpf could still recommend a way to give the ordinance greater authority. Dialogue followed if the Ordinance was too strict, it may not have been passed. It may be time to have an exception provision. The demolition process provisions can be modified whether it was any building identified in the 1998 survey. Every day, a new property could become 50 years old or older and eligible. As for buildings in the 1930s and 1940’s. he thought it would warrant extra review. The program has to be constantly evolving. Ms. Sexton asked if the goal is to find individual properties that should be deemed historic or concentrate on creating a district with a group of homes that fit the criteria, that affects the entire neighborhood. She noted Forest park is from 1920 to 1950 so all the homes in that range would fall under a period of significance and age alone may not put the properties in that criteria. She thought the 50-year criteria is not unheard of, but if they had a neighborhood that fell within a period of significance, those streets become stronger. Chair Ready commented the Board can recommend a home be added to the Local Register or ask a homeowner if they would allow designation. Some homeowners may become angry. When they wrote the ordinance did not want anyone to feel it is being rammed down their throats. Ms. Sexton commented they could as creating a district depends on how stringent do the Ordinance is. The advantage to the homeowner is the tax relief. The tax credit is in the program. Dr. Lowe stated these homes and the area is 1910 and over 100 years old and other houses the same age and no one ever noticed that before or asked them if thy wanted to be designated before the CRA came in and decided they should level the homes. He thought the Board needed to be proactive. Can they save more than one house. If they get a home designated and maybe then have more designations. They need a robust outreach plan. A 1910 house should not be let go. Motion Dr. Lowe moved to designate the 419 SW 4th property. Mr. Ramiccio seconded the motion to recommend the home be placed on the Local Register. Mr. Wilson lives in a small neighborhood and it and an adjoining neighborhood platted in 1956. Several homes were built in the 50s and 60s. he asked if that neighborhood could be designated as historic, even though not all the homes qualify at 50 years. Ms. Sexton responded they could because there are contributing and non-contributing. In a District, not all homes have to be contributing. There needs to be a period of significance. They were war homes. Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 6 Vote The motion passed unanimously. Mr. Rumpf will contact the owner, provide the paperwork. It will be completed and reviewed by the Board and then forwarded to the City Commission. It will take two Commission meetings. He can report back to the Board. Mr. Rumpf will review a possible amendment to the Historic Resource Preservation Ordinance to allow withhold demolition permits for properties 50 years old or older until after review for historic preservation promotion. Mr. Rumpf will return to the Board with proposed wording. Motion Mr. Ramiccio so moved. Mr. Wilson seconded the motion. The next meeting will be Monday, March 14th and April 11th. Dr, Lowe suggested they work out a plan, possibly in the Library. Mr. Rumpf explained using another room is discouraged because of all the equipment in Chambers. Dr. Lowe suggested addressing one aspect of the Ordinance at each meeting. Ms. Sexton announced she will not be in town on March 14th. There is mention of a historic district in the 1996 survey and Mr. Rumpf will provide the prior information. It was the initial building block of the program. The conduct an inventory and then recommendations are made on steps to take to establish the Historic Preservation Plan. They do have these steps, which the Board would review. It would be a hard sell if they do not have a concentration of historic districts. The more non- contributing buildings, the harder to sell the designation. There are some in the City and a designation of the district was attempted and failed by a narrow vote. They have to strategize how to proceed, especially with staff leadership for the program. There is a window of opportunity to utilize student teams. They can plan implementation of their priorities with these resources. Mr. Rumpf will provide a draft revision that addresses demolition and delaying demolition for buildings eligible for consideration for designation which may not necessarily be designated. He will also return to the Board after speaking with the owner of the 419 SE 4th Street on the process. The meeting will be more of a workshop style. Vote The motion passed unanimously. It was requested this item be put on the agenda immediately. Mr. Lowe thought program staffing should be a priority. He suggested they could discuss this at the next meeting. The members could come early on March 14th for a photo opportunity with the plaque with a group photo. There was agreement. The Commission Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 7 will be introduced to the plaque and program at the first meeting in March which is before that event. Mr. Ramiccio thought they should start building the program with the new Commission on March 15th, and the Board could mount the plaque the first meeting on April 5th B. Historic Preservation Programming – Staff will continue facilitating the Board’s establishment of a strategic plan or work program with continued discussion on goals, priorities, tasks and/or related implementation needs and strategies. In addition to the earlier conversation on this matter, Mr. Rumpf commented when the website was updated, the Historic Preservation items accessible via the web were not migrated and converted when the City’s master website was updated. A Consultant is giving IT staff an estimate how much to do this and to be in the same format as the City’s website with that platform and make a decision whether to store it on the City’s website or store in on the cloud. Mr. Rumpf will work with IT staff to give it some body. The current website contains some of the principal projects and achievements, but it is not a comprehensive website. One should want to open up the HP website and have information on historic preservation, the Historic Preservation Board, applications for Certificates of Appropriateness, designations, national, Q&A’s and links to the historic cemetery, photographs, listings, historic walking trails, and many other links. He did not know how fast it would be done or how much it would cost. Mr. Wilson pointed out the City’s Historic Archives are on the website. Mr. Rumpf explained he had one week to prepare the department’s budget. The Board’s Wish List will be submitted via his department, including additional consulting dollars and projects 6. New Business: A. Naming of Fire Station No. 1 – Consider and advise City Commission regarding request for renaming of Fire Station No. 1 the “Deputy Chief Latosha Clemons Fire Station 1”. Mr. Rumpf explained this item does not fall within the enabled regulations and scope of the Board. This was something the Commission has done and they did not have a Committee they thought could handle it. The Board is filling in one of those roles. It does mean the Board has to give a recommendation. He wanted to be sure the Board is clear on its scope, mission, unique circumstance before them and why. Ms. Clemons was the first Black female deputy chief and firefighter. Dr. Lowe understood the City wants to name an orchid, garden after her, but she wants the Fire Station named for her instead. Dr. Lowe inquiring why the Board would be discussing this. Chair Ready commented naming a fire station for first Black female deputy fire chief is historic, but it does not make it historic in what would be considered Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 8 the Board’s purview. Dr. Lowe does not know enough about it to make a decision. He thought it was historic about what she did, but as far as naming public buildings, it is not what he thought he would be doing on the Board. Mr. Ramiccio agreed with Dr. Lowe and Chair Ready. It is not appropriate for it to be before the Board, the same way it was inappropriate for the intersection to come before the Board. He thought the Board needs to look at the process and see why it was referred to the Board. Mr. Ramiccio looked at other localities, there is a purpose for the Board in the Ordinance, but what is missing is a procedure. He queried if an application should be filled out or a committee appointed; criteria and how the criteria would be used. He asked if someone writes a large check, if a building would be named after them, or is there a process. People may donate funds for a bench or a building. He asked what is the procedure for naming rights. The City Manager can make a recommendation to the City Commission and he does not know if that happened. The recommendation from the Mayor was made after the $100K settlement was they should name orchard after her. They sent a letter to her and she wrote back she would rather have the fire station. He questioned if someone who sues the City is eligible. He advised she is worthy, but he did not see how it falls under the Historic Resource Preservation Board. Motion Mr. Ramiccio moved to receive and file. H had no objection to the City Commission making a policy decision and the Board can take a look at it. Ms. Crump disagreed. Mr. Wilson agreed with what was stated. The Board tell the story of history via either historic buildings or trails, but he did not want to get into a rowboat to agree to discuss naming rights, whether it be historic or not. Ms. Sexton agreed with Mr. Ramiccio’s comment. Motion died for lack of a second. Mr. Ramiccio commented his motion was for the policy to be amended, to have an official process with an application, a review and a committee. He thought more thought should be put into it. That was his only recommendation. Chair Ready suggested the motion Include the boards consensus is the issue is not within its purview and the City establish a policy and procedure to deal with such matters because it is not within the Board’s purview. Mr. Ramiccio commented the City Commission should spell out in the procedure what that is and how it would happen. Right now, the City Manager brings it to the City Commission or a member of the public brings it to the attention of the policy makers. There should be more looking at it. Mr. Rumpf noted the word committee is relevant because in part II of the Code of Ordinance is used, so there is a staff team that is assembled, the city should designate a committee wither it’s a staff team or general community affairs. The City policy should have more to it. Ms. Crump seconded the motion. Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 9 Vote The motion passed unanimously. 7. Other Mr. Ramiccio wished all a Happy Valentine’s Day. Chair Ready announced on February 28th, the Historical Society is having their next program presented by Janet Devries, about Black Sculptor Augusta Savage. The meeting will take place via Zoom. Anyone wanting an invitation should contact her. 8. Comments by members 9. Public comments relative to historic preservation Ernest Mignoli, 710 NE 7th Street, Condo 407, bought the unit from the Board President in November 2020. Building is over 45 years old and it falls into the range of what is going on historically in Florida after the building collapsed. He commented all cities are required to relocate at their historic, recertification and older buildings, especially three stories and above and then try to understand how does the City snowballs all into fast track, high rise, high density and historic buildings. He commented sitting in the public at a lot of these meetings, you are engaged in workshop conversation. When the public is here, he contended the Board is supposed to be ready say something, present something and vote, not listen to a planner talk. The comments always come out at all the Board meetings, of all the things the City Commission approves, most of the time they are already been approved before it goes to the Board. It has already been decided in the lawsuit that they better give something back to this woman, for the bias hate crime the City impounded on this female, by taking her and another African-American’s Black face off. He opined the City figures they will pay $100K, say they are sorry so they do not have to go to court and then name a station. He commented they talk about things like there are no problems in the City and now with this election, it will continue. He warned what the intersection will cause and stated it was approved, paid for and installed and then went to all the Boards after the fact. He questioned how a Board can consider it after it was installed and after a City Commissioner uses it as part of his election campaigned. He thought it was frightening and he was afraid after March 8th, the way the City maintains power and influence over the Commission, it will continue. The same people on the Commission now will be mayor and Commissioners and the same out of control ball will keep going. There will be high density development, forget historical and planning. It goes nowhere and he asserted they want to make millions and millions of dollars to pay for buildings that were not needed. He commented, everyone likes the old library better with the trees. He explained it was frightening. He is disheartened because after the election, he will be right back in the throws of this and all these people with nice homes will lose them, put up high rises and parking. The City Commission will turn the City will be far from a historic City. Meeting Minutes Historic Resource Preservation Board Boynton Beach, Florida February 14, 2022 10 10. Announce date of next meeting – April 11, 2022 The next meeting was changed to March 14th at 6:30 p.m. 11. Adjournment There being no further business, Chair Ready adjourned the meeting at 8:04 p.m. Catherine Cherry Minutes Specialist DEPARTMENT OF DEVELOPMENT TO: Chair and Members, Historic Resources Preservation Board FROM: Michael Rumpf, Planning & Zoning Administrator Board Liaison DATE: March 9, 2022 RE: Historic Resources Preservation Board Regular meeting of March 14, 2022 Staff Report This report and accompanying exhibits represent the combined back-up for the subject agenda. Item 6.A. Local Registry of Historic Sites – Staff has nearly completed the procurement process required for retaining consulting services related to two core historic preservation program functions; the review of properties for historic designation, and the review of certificate of appropriateness applications required in conjunction with permit applications. Funds are currently available for the immediate work that has surfaced, including three reviews for addition to the city’s local historic registry. The owner of one of the three properties is currently planning an expansion to the historic home as well as other site improvements which would require the Certificate of Appropriateness review/approval prior to permit issuance. This Certificate of Appropriateness review has also been accounted for in the scope of work for these consulting services. Properties to be reviewed for possible designation include:  413 NE 12th Avenue (property-owner requested)  330 NW 1st Avenue (property-owner consented)  419 SE 4th Street (Board-initiated) Item 6.B. Amendments to LDRs and Historic Preservation Regulations – Staff has conducted a quick review of selected chapters of the City’s Land Development Regulations against the City’s Historic Preservation initiatives. The evaluation focused, in part, on opportunities to add incentives for the preservation of historic sites, as well as to identify possible impediments to preservation. Staff has identified three target areas for possible amendments to recognize and support preservation objectives which include 1) exemptions from, or reductions in certain zoning and lot standards for existing and planned property improvements; 2) regulations implementing redevelopment plans that could be contrary to the preservation initiatives; 3) regulations on non-conforming uses; and 4) the review of permits for the demolition of historic properties. - 2 - Staff also plans to consider the opportunity for implementing an adaptive reuse program to encourage the preservation of historic sites, and will present an overview and local application of the concept at the public meeting. See accompany exhibits for the proposed amendments. Exhibits NEW BUSINESS 6.B Amendments to LDRs and Historic Preservation Program HISTORIC PRESERVATION – EXCERPTS FROM LDR Ch. 4, Art. IX, Sec. 6. Historic Preservation Requirements. A. General. 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical cultural, social, economical, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city's historic districts and neighborhoods; h. Protect and enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants-In-Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property (either designated or eligible for consideration for local designation) or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property on a designated or inventoried siteaffecting 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, or have the result of discouraging the designation and/or preservation of historic sites. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 7. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment as well as skylights, shall be located on a non-character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history; or b. Association with the lives of persons significant in the City's past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. 3. Procedures. See Chapter 2, Article II, Section 6. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board's recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity-owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. (1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior's Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: a. A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. b. The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. c. Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (l) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character-defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions involving structures on historic sites of historic contributing structures within a Historic District, as well as structures on properties listed on the Historic Site Survey shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon 1) a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner; 2) upon preliminary review the property was the contributing elements had been significantly altered, or 3) the demolition does not involve a contributing structure on the site. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples, or is an exceptional representative of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. For designated sites, Tthe Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. 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 (l)(a), (l)(b), or (l)(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)  ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.B., any given parcel of land in the city shall have a zoning district that corresponds with the Future Land Use Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AAB R-1 AA R- 1A 13 R-1 R- 2 Duplex 13 R-3 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 Flexible10 Flexible10 Flexible10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet)14: 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200 Lot Frontage, Minimum (feet) 14: 90 75 60 60 75 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet) 14: 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A Lot Coverage, Maximum14: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio (FAR) for Non-Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 30 456 457 456 30 Building Setbacks, Minimum (feet) 14: Front: 25 25 25 25 25 40 Flexible5 Flexible5 20 Interior side: 10 108 7.5 7.5 10 20 Flexible5 Flexible5 5 Corner side: 254 254 254 254 254 40 Flexible5 Flexible5 1011 Rear: 204 204 204 204 254 40 Flexible5 Flexible5 1011 Special rear yard setback reductions for 1-story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note #5 for additional setback requirements relative to building height. 7. A lesser building height may be required for compatibility with adjacent properties. See Note #5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7-1/2) feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred (200) square feet per dwelling unit (also see Chapter 4, Article III, Section 8.). 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 require twenty thousand (20,000) square feet. 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan, that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: ……….  14. Locally registered historic structures are not required to meet these standards, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. These provisions apply to single-family, two-family or multi-family structures within single family, zoning districts. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Maximum Lot Coverage – An increase of 10% is allowed. Note: If applicable per City procedures, building expansions are still subject to review for compliance with City drainage requirements. Minimum. Building Setbacks. Existing non-conforming setbacks shall not preclude building additions or expansions; however, non-conforming setbacks shall not be worsened. 2nd floor additions that exceed 20% of the building footprint shall meet standard minimum building setbacks.   C. Non-Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU Density (dwelling units per acre): N/A N/ A N/A N/ A N/A N/A N/A Flexible11 N/A N/A Project Area, Minimum (acres)15 N/A N/A N/A N/ A N/A 311 N/A 2511 N/A N/A Lot Area, Minimum (square feet)15: 9,00 0 5,000 15,0 00 5,0 00 15,0 00 Flexible 10,000 Flexible 43,5 60 8,000 Lot Frontage, Minimum:15 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth, Minimum: 15 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage, Maximum: 15 40% 40% 40% 40 % 75% 18 40%11 60% 60% N/A N/A Floor-Area-Ratio (FAR), Maximum: 0.40 0.50 0.50 0.5 0 N/A 0.50 0.50 0.50 0.50 1.00 Structure Height, Maximum (feet): 304 259 45 45 45 45 45 45 45 45 Building Setbacks, Minimum (feet)14, 15 : Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 202 205 206 40 203 30 25 2513 Interior side 10 15 01 155 0 30 154 20 25 1513 Corner side 10 20 20 155 87 30 15 30 25 1513 Building Setbacks, Minimum if abutting a residential district (feet)14, 15 : Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/ A Waterfront yard N/A N/A N/A N/ A 88 N/A N/A N/A N/A N/ A 1. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 2. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. 4. Where rear yard abuts a paved alley or street, then no side setback shall be required. 5. Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required, except on corner lots. 6. Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8) feet at first floor level, in which case, no setback shall be required at all other floor levels. 7. Eight (8) feet is required at first floor level. No setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However, setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 9. Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five (35) feet but only with conditional use approval. 10. The total ground floor area of all buildings and accessory structures shall not exceed forty percent (40%) of the plot on which they are constructed. 11. Contiguous acres. 12. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. 13. For hospital buildings, additional setbacks in excess of thirty (30) feet shall be required for any height over forty-five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet, not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2, Article II, Section 4. 14. Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. 15. Locally registered historic structures are not required to meet these standards, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. This exemption applies to both residential and commercial uses. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Maximum Lot Coverage – An increase of 10% is allowed. Note: If applicable per City procedures, building expansions are still subject to review for compliance with City drainage requirements. Minimum Building Setbacks. Existing non-conforming setbacks shall not preclude building additions or expansions; however, non-conforming setbacks shall not be worsened. 2nd floor additions that exceed 20% of the building footprint shall meet standard minimum building setbacks.    E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN 13, 14 MU-1 MU-2 MU-3 MU-4 MU-C MIXED USE, URBAN 13, 14 MU-1 MU-2 MU-3 MU-4 MU-C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)1 100 100 2 1502 200 2 200 2 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)3 45 65 75 100 150/1254 Maximum Density (DUs/Acre)10, 12 20 40 50 60 80 Maximum F.A.R.11 1.0 2.0 3.0 4.0 4.0 Build-to-line (ft.)8 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement7 Abutting a Local street 07 07 07 07 07 Interior side 07 07 07 07 07 Building Setback, Minimum (ft.)8 Rear abutting: Residential single-family 255/05, 6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05, 6 255 255 255 255 Usable Open Space, Minimum (sq. ft.)9 N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Project sites must front on two (2) intersecting rights-of-way and must have an uninterrupted lot frontage. An exception shall be made when the interruption is attributed to the existence of a designated historic site, or a site that is eligible for designation as determined by the Planning & Zoning Administrator and/or the Historic Resources Preservation Board. Where possible, project design shall maximize compatibility with the designated site so as to allow the historic asset to mutually contribute to the streetscape. Design considerations could include proper separation and planned open spaces/plazas, transitional building heights, façade treatments, landscaping and pedestrian amenities. 3. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet consistent for a depth of a minimum of thirty (30) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Height bonus may be granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 6. Where there is an intervening right-of-way of at least forty (40) feet. 7. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is comprised of three components: 1) a five (5) foot wide street tree area, measured from the back of the curb, or future curb on roads requiring a right-of-way dedication, 2) an eight (8) foot wide sidewalk (ten-foot (10') wide sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan), free from obstructions, measured from the centerline of street trees, and 3) an eight-foot (8') wide active area, measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right- of- way regulations. See Section 5.C.2 below for additional relief provisions from build-to line requirements. 8. Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 10. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have minimum densities as follows: MU-1 - fifteen (15), MU-2 - twenty-five (25), MU-3 - thirty-five (35), MU-4 - forty-five (45) and MU-C - sixty (60) dwellings per acre. 11. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have a minimum FAR as follows: MU-3 - one and three-quarters (1.75), MU-4 (2.0) and MU-C - two (2.0). Maximum FAR for MU-3 may be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City’s Workforce Housing Program. 13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE requirement by including commercial uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices. Resident-only serving amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial requirements. 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the Federal Highway District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet ACTIVE USE requirement by using design features - including street-fronting access - to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor. Sec. 5. Nonconforming Uses. A. Definition. See Chapter 1, Article II, Definitions. B. Existing Uses. 1. General. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these Regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, reconstruction, business tax renewal, discontinuance or change. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure would require such approval as if it were a new use or structure. Any alteration or movement of such use which the Development Director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. 2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance, but no longer listed as permitted or conditional in the zoning district in which it is located pursuant to Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business operations and/or associated building by up to twenty percent (20%), provided it does not expand onto an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on the Quantum Park Master Site Development Plan. C. Nonconforming Use Limitations. 1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these Regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these Regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these Regulations. No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of these Regulations. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these Regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 4, Article IX, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these Regulations. E. Discontinuance. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a required business tax receipt, permit, or other governmental authorization to conduct such nonconforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Nonconforming Lots/Structures. See Chapter 3, Article V, Section 11 for the regulations pertaining to nonconforming lots and structures. G. Designated Historic Sites. The restrictions of this Section that limit the extension, alteration, reconstruction, business tax renewal, discontinuance or change of a non-conforming use of property do not apply to a property that is listed on the City’s Register of Historic Places.     .ioaoaooaflo^M^ ` HISTORIC RESOURCES PRESERVATION BOARD March 14,, 2022 6 . A Additions to Local Historic Registry V i'r" 4 1'rl GNY v �' i or uprp�ui •, 413 N E 1211 Ave. 1 / � � I i v rrmnM��n�mrn�i xu i�w�� J Location w Map ! I Irk� �" � r ,1r rl.ve.,n ,,,si ,/r..a.. r,./JG,�i ',�.i4 /%rUv/ �,.///,,.,r ,�T ➢" 41 s 413 NE 12th Ave r � 419 SE 4th St. a � /��ii//��, ii��r/� ,,,,,;; /iri//rp y✓t(ru /lir r J r,rr wig r r l I r rrr f7+ e r� If„,,, ��1�«FROM %�r;/'l��,�/%(r J,G,//r,//r,orii.i,g,l�i,e�r..r/�.l///J„".I,�llJ1//r;l&..i.rr�r/.,.;../,"1,.�".«rr,6.�.Nir �,.��(�/,,,./,/,1 y%�N^;r,/r'>'/r�,j.l.„..,,w,�,,.,_„r„, ,rlnJ',,:�r'<,.r�1 rr,l�'Irid Y«,N d,.ic,,,r irr.u.n.l.!"rt.,,..�. PUF/iu,eWrr,,;,,�+I�n,r.ia//.fi�/rfey 911 r�/%Pn�r/'r���N���wr�c„�%,,,�,,,r,,Aa,�-�,„f,�..,,/,....�g;:%Jr il,r;1l�/r�t�N«.�)/�r,�1rw,'r�G�,�x r r/,;,,�,�1..li(��rr�r��`f /-�a�w«'My'��'1�,�i���r,'.�o,yrr',i,frm.4r�r„,✓r.,,„//.X,,�.iv�,!'J��rr�rlr��,��l�„�,�`�a,,/�r1 l/ r ,,,Ji�lp��i,li�xvu mli2,u�i«itl�%yi!/1' ('��G�1Y���,�r��Ia�i�, «rv�� .� ...�e�, ,. '.. ,,�n' 1,;. �✓� rG �,a 413 I''rl E 12 Avenue i j� Nr/FU«ir<fi/dGiia�r��, (r i s�,w l.. � � cv«a/r/rrGrr/ilii/oi�ii`/i/iivaar«ir ririrrrrf/ri a�«im/✓orr//ia�6c� Cir. Martha Meeks- Lightr r / ! Not surveyed in 96 ( 1946) Ir rq arlrirri�%/ / N/rr� flrr ��� frlll City i r �i t i a t e r .. '� r l r r ✓ ro���rl�f��i"�i�/Id ✓r l���r j«,,�t�,r^��l p�r ! i� v'nrt�, I��J�?r/af��!/!�i-, j Jr�Al�f�l Y'rJ�r���,/��l r����� Yc"" ✓�Yj� Y ���� 1« jiy F �/ � r��J,� ��r �� r � I �y�!r t�o«", «iH��,�� ��4Na����ri«i✓A ,; u��(��r���«�/rf /n�;,, l v!r 1/r a(��uli +�`�«� � �rr r/r l r pyr�/r rri ll��r � r Ir ' f r �r f ri4�z Y�( dr�i / lI/: i NJJI�'�jI/!Y�l'ryr1(✓i�/„yl! ��"�r�7�)Y°�4rla�(�'y�9` I // mWr r��ab ,��"1 lJ �'dI '�Y «� �ti/p l � /i r '�rirvv rr � �/�✓ I ir/i�%✓ ��w�w�Jr���91�r'i Je✓G'1 u��/�tir����l ,�r�„��r lJii;' .w��"a.,,.,✓e�Jl�r�wi�a��r/�l�'�i�nr�r�v✓n �71� n ��;rJrr"�r,,,,r, rxFr 1„ ry I 6 YJ a t I 1, yy II V I�III / i I '1 330 NW 1St ,Avenue Edwin Badley I "Susan J . Mize House" 1996 Survey 1924 J Mission Style Property owner initiated r� Bldg. addition planned R r 1jI „1 I � 7W Ong r r 9� s 419 SE 4th Street ➢It j�/ rill%//j��ii�jj// ��I �� �, ,.: � Dennis . Cheryl Meadows 1996 Survey 193 Frame Vernacular Board I ri I t I a te�d �{ t 6 . B Draft Amendments to Preservation Ordinance & Zoning/LDRs to Promote Historic Preservation Proposed Amendments - Historic Preservation Ordinance Historic Preservation Ordinance ( LDR Ch 4, Art. IX, Sec. 6) • Unsafe Building Protocol, Action by B.O. : • Re Delay (for CofA) or Emergency Demolition • Proposed : Would include an eligible property as well. • Land file in permit system is flagged with building age. • Justification for variance: • If regs adversely impact or threaten historic resource • Proposed : If regs "discourage preservation" • Demolition permit process: • Halts/delays demo process (for C of A, replacement plans, property documentation) • Applies to historic sites, contributing sites in district. • Proposed : Also applies to properties eligible for review. • Adds Relief criteria to prevent unnecessary delay in demo Proposed Amendments Zoning/ LDR Regulations Zoning/LDRs for Preservation (LDR Ch 4, Art. III, Secs. 1 & 5) • Exemption from certain Building & Site Regulations • Only exempt from min. setbacks in MU Districts • Proposed : Exempt or reduced standards from Setbacks, Lot Area and Lot Frontage, Lot Coverage within Residential Zoning & Commercial Districts • Non-conforming status would not preclude minor/major property improvements • Incentivizes preservation Proposed Amendments Zoning/ LDR Regulations Zoning/LDRs to Promote Preservation ( LDR Ch 4, Art. III, Secs. 1 & 5) • Mixed-use Redevelop Criteria — Requires full block assembly • A historic property could discourage redevelopment, or • Encourage acquisition and demolition of historic property • Proposed : Allow exception if full block assembly is interrupted by designated/eligible property. • Design recommendations acknowledging historic site. Proposed Amendments Zoning/ LDR Regulations Zoning/LDRs for Preservation ( LDR Ch 4, Art. III, Secs. 1 & 5) • Non-conforming Use Regs — Exempting Historic or Eligible Sites • Exempts designated sites from non-conforming regs. • Proposed : Applies to MF and Duplexes within SF Zoning, or other non-conforming uses • Allows renting (or continued renting) or other uses • Allows unlimited maintenance & ltd . expansion.