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22-013 1 2 ORDINANCE NO. 22-013 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS 7 CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES; 8 CHAPTER 3, ARTICLE IV, SECTION 5. NONCONFORMING USES; AND 9 CHAPTER 4, ARTICLE IX, SECTION 6. HISTORIC PRESERVATION 10 REQUIREMENTS TO PROMOTE, INCENTIVIZE AND FACILITATE THE 11 PRESERVATION OF HISTORICALLY-DESIGNATED PROPERTIES IN THE 12 CITY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 16 WHEREAS, the subject amendments are being proposed to promote the City's 17 Historic Preservation Program.; and 18 WHEREAS, these amendments pertain to proposed property improvements, non- 19 conforming characteristics of historic properties, and potential internal conflict between 20 initiatives within redevelopment plans and preservation objectives; and 21 WHEREAS, the amendments are being proposed by the City's Historic Resources 22 Preservation Board (HRPB) in response to, in part, the magnitude of previous demolitions of 23 historic houses, recent inquiries regarding desired modifications to historic structures, and 24 the possible conflict between redevelopment plan design standards and preservation 25 initiatives; and 26 WHEREAS, the City Commission of the City of Boynton Beach has considered the 27 recommendations and has determined that it is in the best interest of the citizens and 28 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 29 Development Regulations as contained herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx 31 OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confirmed by the City Commission. 34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 35 "Zoning", Article III "Zoning Districts and Overlay Zones"; and Article IV, Section 5, 36 "Nonconforming Uses", are hereby amended as follows: 37 See Exhibit "A" attached hereto and incorporated herein by reference. 38 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, 39 Article "IX", Section 6 "Historic Preservation Requirements" are hereby amended as follows: 40 See Exhibit "B" attached hereto and incorporated herein by reference. 41 Section 4. Each and every other provision of the Land Development Regulations 42 not herein specifically amended, shall remain in full force and effect as originally adopted. 43 Section 5. All laws and ordinances applying to the City of Boynton Beach in 44 conflict with any provisions of this ordinance are hereby repealed. 45 Section 6. Should any section or provision of this Ordinance or any portion 46 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 47 affect the remainder of this Ordinance. 48 Section 7. Authority is hereby given to codify this Ordinance. 49 Section 8. This Ordinance shall become effective immediately. 50 FIRST READING this 17th day of May, 2022. 51 2 S:\CA1Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx 52 SECOND, FINAL READING AND PASSAGE this to day of June, 2022. 53 CITY OF BOYNTON BEACH, FLORIDA 54 YES NO 55 56 Mayor—Ty Penserga ✓ 57 58 Vice Mayor—Angela Cruz ✓ 59 60 Commissioner—Woodrow L. Hay ✓ 61 62 Commissioner—Thomas Turkin ✓ 63 64 Commissioner—Aimee Kelley ✓ 65 66 VOTE 6- 0 67 ATTEST: 4 69 70 .4".1 stat Gibson, MMC 71 City Clerk 72 (Corporate Seal) 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 And Ch 4)(Historical Preservation Requirements)-Ordinance.Docx Exhibit "A" 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 R-1 R- R-1 R- R-3 IPUD PUD MHPD AAB AA 1A 13 2 Duplex 13 Multi Density(dwelling units per 5 5.5 6 7.5 10 11 Flexiblel0 Flexible1° Flexible10 acre): Project Area,Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+ (acres) Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200 Minimum(square feet): Lot Frontage,Minimum 90 75 60 60 75 100 Flexible Flexible N/A (feet): Living Area,Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A (square feet): Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio(FAR)for N/A N/A N/A N/A N/A N/A N/A N/A N/A Non-Residential,Maximum: Structure Height,Maximum 30 30 30 30 30 456 457 456 30 (feet): Building Setbacks, Minimum(feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexible5 5 Corner side: 254 254 254 254 25' 40 Flexible5 Flexible5 1011 Rear: 204 204 204 204 25" 40 Flexible5 Flexible5 1011 Special rear yard setback Maximum Percentage of Reduction: reductions for 1-story building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): 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 50% 50% 50% 50% N/A N/A N/A N/A N/A feet: Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A 150 feet: 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 50% 50% 50% 50% N/A N/A N/A N/A N/A non-residential: Administratice:adjustment: Maximum Percentage Of Reduction(10 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 Ill, 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: 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 N/A N/A N/A N/A N/A N/A N/A Flexible" N/A N/A per acre): Project Area, Minimum N/A N/A N/A N/A N/A 3'' N/A 25' N/A N/A (acres) Lot Area, Minimum 9.00 0 5,000 15,0 00 5.0 00 15,0 00 Flexible 10,000 Flexible 43.5 60 8,000 (square feet): Lot Frontage, 75 50 75 50 75 Flexible 0 Flexible 100 75 Minimum: Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage, 40% 40% 40% 40 % 75%15 40%71 60% 60% N/A N/A Maximum: Floor-Area-Ratio 0_40 0.50 0.50 0.5 0 N/A 0.50 0.50 0.50 0.50 1.00 (FAR). Maximum: Structure Height. 30' 259 45 45 45 45 45 45 45 45 Maximum (feet): Building Setbacks, Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 2573 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 82 30 15 30 25 1513 Building Setbacks, Minimum if abutting • a residential district (feet)'' 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. 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.)' 100 100 2 1502 200 2 200 2 Structure lit.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 45 65 75 100 150/1254 Maximum Density(Dlls/Acre)10• 20 40 50 60 80 12 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)8 All sides abutting a collector or Factor of Pedestrian Zone Requirement' arterial road Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' 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. N/A N/A 0.5% 1% 2% ft.)° 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 currently on the List of Potentially Significant Sites. Project design shall maximize compatibility with the historic site so as to allow the historic site to mutually-contribute to the streetscape. Design considerations should include transitional design elements such as building separation, facade treatments and open space, and plazas and landscaping. Pedestrian Zone requirements shall be required to continue uninterpreted by the historic site, including streetscape, 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 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. EXHIBIT "B" 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, economica4, 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 - • . . - _ -e' _ • _ e.. _ - .e '. _ •on the list of"potentially significant" sites) 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 site or 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. Modified Development Standards for Registered Historic Structures. Locally registered historic structures may use the development standards within this section. These provisions apply to single-family, two-family, or multi-family structures within single-family zoning districts, and residential or commercial uses within non-residential zoning districts, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Modified Residential Building and Site Development Standards- Historic Sites Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks Existing non-conforming setbacks shall not preclude attached or detached building additions or expansions; however, non-conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. a Modified Non-Residential Building and Site Development Standards — Historic Sites Project Area, Minimum (acres): N/A Lot Area, Minimum (square feet): N/A Lot Frontage, Minimum: N/A Lot Depth, Minimum: N/A Lot Coverage, Maximum 10% increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are subject to review for compliance with City drainage requirements. Building Setbacks, Minimum (feet): Existing non-conforming setbacks shall not preclude attached or detached building additions or expansions; however, non-conforming setbacks shall not be worsened. Additional restrictions may apply to 2nd floor improvements to minimize impacts upon abutting properties. 7. 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. 8. 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. (I) 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, contributing structures within a Historic District, as well asand structures identified as potentially significant 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 would not meet the guidelines for designation per Chapter 4, Article IX, Section 6,-was •- -- -- - - -••-• • - - - -- - • -- - - -:, or 3) the demolition does not involve a contributing element or 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. pg. 10 (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, the Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, 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 (I)(a), (I)(b), or (I)(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. pg. 14 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 pg. 16 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 official 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. pg. 17 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. pg. 18 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM STAFF REPORT TO: Chair and Members Planning and Development Board FROM: Michael Rumpf Planning and Zoning Administrator DATE: April 19, 2022 REQUEST: Approve amendments to the Land Development Regulations, Chapter 3, Article III. Zoning Districts and Overlay Zones; Chapter 3, Article IV, Section 5. Nonconforming Uses; and Chapter 4, Article IX, Section 6. Historic Preservation Requirements to promote, incentivize and facilidate the preservation of historically- designated properties in the City. BACKGROUND and PROPOSED AMENDMENTS The subject amendments are being proposed to promote the City's Historic Preservation Program. The proposed amendments pertain to proposed property improvements, non-conforming characteristics of historic properties, and potential internal conflict between initiatives within redevelopment plans and preservation objectives. The proposed amendments are being proposed by the City's Historic Resources Preservation Board (NRPB) in response to, in part, the magnitude of previous demolitions of historic houses, recent inquiries regarding desired modifications to historic structures, and the possible conflict between redevelopment plan design standards and preservation initiatives. The proposed amendments can be viewed in their entirety in the corresponding exhibits and are briefly described as follows: 1) Exemptions from or reductions in Zoning Standards — The intended standards have been placed in a "Modified Building Standards" table within the Preservation chapter, to match the existing format of the Zoning Regulations. Many of the historic homes in the City are relatively small, and located on proportionally small lots with minimum space to expand. Further, many of the older homes are now non-conforming to current day lot standards such as setbacks and maximum lot coverage. Although the original preservation program was written with a provision that supports zoning variances if needed, the proposed amendments would eliminate the uncertainty, cost and time associated with the variance process, as well as the challenge of proving hardship by both Page 2 Amendments to LDRs Promoting Historic Preservation the applicant and staff. The exemptions would only apply to properties that are listed on the Local Registry of Historic Sites, and are proposed to be established as "Modified Development Standards" within the Historic Preservation Requirements section of the LDR, consistent with the current structure of the Zoning Regulations. The exemptions or reduced standards would apply to minimum lot size, minimum frontage, minimum living area, minimum setbacks, and maximum lot coverage. Appropriate cross-references will be added to the corresponding Building and Site Regulation tables in the Zoning Regulations. 2) Addressing conflict with redevelopment plan initiatives — The design standards written for the mixed-use districts that implement the Community Redevelopment Plan require an assembly of an entire block frontage to provide continuity in the ultimate streetscape and "street wall". The subject amendments would allow for an exception when interrupted by a designated historic site. The proposed amendment is intended to prevent blockage of the redevelopment project or pressure being applied to encourage the sale of the historic site, and includes design requirements to maximize compatibility with the historic site and continuity of the streetscape. The whole-block assembly requirement applies to the MU-2, MU-3, MU-4 and MU Core districts. It does not apply to MU-1. 3) Exceptions for non-conforminq uses — There exists within the City historic duplex and multi-family residential buildings that are located within single-family or commercial zoning districts, and therefore, may be construed as "non-conforming uses" by Zoning Regulations. The proposed amendment would exempt designated sites from the Nonconforming Use regulations of the Code. Otherwise, such regulations could place a limit on the value of annual maintenance improvements needed on the property, or prevent any expansions or improvements to the historic site. 4) Review of demolition requests — The current preservation program requires specific and rather significant actions to be taken by property owners, staff and the HRPB in response to applications to demolish historically-designated properties. Such actions are intended to review the potential loss of historic sites for proper justifications, to review what is planned to replace the historic structure, to possibly require salvaging of specific historic features, and, at minimum, to create a record of the historic asset. Processes include the formal petition to remove the property from the local register, and the filing of an Application for Certificate of Appropriateness (COA) to review the construction planned for the subject property. If approved, this process also requires that the property owner fully record the building prior to demolition, with an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. The proposed amendments would require this protocol to also be followed if the Page 3 Amendments to LDRs Promoting Historic Preservation demolition would involve a property identified on a list of priority preservation properties. This list would be established by the Board, and essentially include approximately 10 properties most worthy of preservation as documented in the City's 1996 Historic Site Survey and recommended as being eligible for local designation. The selection process would involve a visual survey of current condition of the properties, including updating the list by identifying, and excluding, those properties that no longer exist. The Board would also include this list for frequent communications to educate property owners about the preservation program, including the financial benefits, and importance of property maintenance. The benefits of this priority property list also supports other preservation program initiatives such as public outreach, inventory updating and for historic district consideration. Lastly, included in the proposed amendments to this section of the LDRs is the addition of criteria intended to facilitate the quick review of the property targeted for demolition for exemption from the COA process if not warranted when reviewed against the designation criteria, including current physical (i.e. deteriorated or altered) condition. This is intended to save the property owner time and expense when such evaluation and processes are not warranted by the intent of the Historic Preservation Program. BACKGROUND and PROPOSED AMENDMENTS Staff supports the proposed amendments to promote implementation of the City's Historic Preservation Program. In addition to the justifications stated herein, it should also be noted that some of the amendments are needed immediately to address current matters involving home expansion plans, anticipated demolition applications, and non-conforming historic properties. Also, the proposed amendments may be the first group of amendments to be proposed by the HRPB, and could be followed by a second group that could involve the promotion of accessory dwelling unit provisions, and provisions to allow adaptive reuse of designated properties along selected roadway corridors. Attachments 3 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.: : .: . :• : --- ::-.e - ':•on [Formatted:Strikethrough the list of"potentially significant'sites)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 sit or a-Property within a Historic Districts 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. Modified Development Standards for Registered Historic Structures. Locally registered historic structures may use the development standards within this section. These provisions apply to single-family,two-family,or multi-family structures within single-family zoning districts, and residential or commercial uses within non-residential zoning districts, including improvements to said structures and properties that are approved through the Certificate of Appropriateness process. Proposed improvements to said structures and properties shall be reviewed according to the following requirements: Modified Residential Building and Site Development Standards- • [Formatted Table Historic Sites Lot Area per unit, Minimum(square feet): N/A Lot Frontage, Minimum(feet): N/A Living Area, Minimum A/C(square feet): N/A Lot Coverage, Maximum 10%increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are stetl-subject to review for compliance with City drainage requirements. Building Setbacks Existing non-conforming setbacks shall not preclude attached or detached building additions or expansions; however,non-conforming setbacks shall not be worsened.Additional restrictions may apply to 22d floor improvements to___ --{Formatted:Font color:Auto,Superscript minimize impacts upon abutting properties.a a"d __ - Formatted:Superscript - setbacks-. Modified Non-Residential Building and Site Development • Formatted Table Standards—Historic Sites Project Area, Minimum(acres): N/A Lot Area, Minimum(square feet): I N/A Lot Frontage, Minimum: N/A Lot Depth, Minimum: N/A Lot Coverage, Maximum 10%increase over the maximum allowed within the zoning district. Note: If applicable per City procedures, site improvements are-still subject to review for compliance with City drainage requirements. Building Setbacks, Minimum (feet): Existing non-conforming setbacks shall not preclude attached or detached building additions or expansions, however, non-conforming setbacks shall not be worsened.Additional restrictions may apply to 2rd floor additions improvements to minimize impacts upon abutting properties.that-exof ° 67. 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. 7-8. 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. pg.4 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 PR 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: pQ. 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. (I) 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 pR.p, 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. PR.`' (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,e#-ktistoris contributing structures within a Historic DistricLas-well-asand structures identified as Formatted:Strikethrough potentially significant •- - - - -.• - shall comply with Formatted:Strikethrough 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 would not meet the guidelines for designation per Chapter 4,Article IX, Section 6,-was (Formatted:Strikethrough • --• .. - ••••• -. . -• . . . - ,or 3)the demolition does not involve a contributing element or 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. Pg 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(I)(a),(I)(b),or (I)(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 official 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) pg. ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article Ill, 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 R-1 R- R-1 R- R-3 IPUD PUD MHPD AAB AA 1A 13 2 Duplex 73 Multi Density(dwelling units per 5 5.5 6 7.5 10 11 Flexible1° Flexible10 Flexible10 acre): Project Area,Minimum N/A N/A N/A N/A N/A N/A N/A 5+ 10+ (acres) Lot Area per unit, 9,000 8,0008 7,500 6,000 4,500 4,00012 Flexible Flexible 4,200 Minimum(square feet): Lot Frontage,Minimum 90 75 60 60 75 100 Flexible Flexible N/A (feet): Living Area,Minimum A/C 1,800 1,600 1,400 1,200 750 750 Flexible Flexible N/A (square feet): Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio(FAR)for N/A N/A N/A N/A N/A N/A N/A N/A N/A Non-Residential,Maximum: Structure Height,Maximum 30 30 30 30 30 456 45' 456 30 (feet): Building Setbacks, Minimum(feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5 Corner side: 254 254 254 254 254 40 Flexibles Flexibles 1011 Rear: 204 204 204 204 254 40 Flexibles Flexibles 1011 Special rear yard setback Maximum Percentage of Reduction: reductions for 1-story building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): 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 50% 50% 50% 50% N/A N/A N/A N/A N/A feet: Canal narrower than 33% 33% 33% 33% N/A N/A N/A N/A N/A 150 feet: 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 50% 50% 50% 50% N/A N/A N/A N/A N/A non-residential: 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 Ill, 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: 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 N/A N/A N/A N/A N/A N/A N/A Flexible" N/A N/A per acre): Project Area, Minimum N/A N/A N/A N/A N/A 311 N/A 2511 N/A N/A (acres) Lot Area, Minimum 9,00 0 5,000 15,0 00 5,0 00 15,0 00 Flexible 10,000 Flexible 43,5 60 8,000 (square feet): Lot Frontage, 75 50 75 50 75 Flexible 0 Flexible 100 75 Minimum: Lot Depth, Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage, 40% 40% 40% 40% 75%18 40%1' 60% 60% N/A N/A Maximum: Floor-Area-Ratio 0.40 0.50 0.50 0.5 0 N/A 0.50 0.50 0.50 0.50 1.00 (FAR), Maximum: Structure Height, 304 259 45 45 45 45 45 45 45 45 Maximum(feet): Building Setbacks, Minimum(feet)14•: 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 8' 30 15 30 25 1513 Building Setbacks, Minimum if abutting a residential district (feet)"'.: 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. 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.)' 100 100 2 1502 200 2 200 2 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.); 45 65 75 100 150/1254 Maximum Density(DUs/Acre)10• 20 40 50 60 80 12 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)8 All sides abutting a collector or Factor of Pedestrian Zone Requirement' arterial road Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 07 0' 0' 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. N/A N/A 0.5% 1% 2% ft.)9 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 currently on the List of Potentially Significant Sites. Project design shall maximize compatibility with the historic site so as to allow the historic site to mutually-contribute to the streetscape. Design considerations should include transitional design elements such as building separation, facade treatments and open space, and plazas and landscaping. Pedestrian Zone requirements shall be required to continue uninterpreted by the historic site, including streetscape, 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.