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Ord 01-12ORDINANCE NO. 01 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS ", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD ", SUBSECTIONS (A), "CREATION ", (B), "COMPOSITION AND SPECIAL QUALIFICATION ", AND (D), "DUTIES, POWERS, AND RESPONSIBILITIES ", TO CLARIFY AND AMEND HISTORIC PRESERVATION BOARD DUTIES, POWERS AND RESPONSIBILITIES; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES ", SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS ", SUBSECTION (A), "VARIANCES", TO CLARIFY THE REVIEW OF VARIANCES BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R -1) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS" TO SPECIFY THAT ALL PROPERTIES IN A HISTORIC DISTRICT OR INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES ARE SUBJECT TO THE PROVISIONS OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS ", SUBSECTIONS (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS" AND (C), "DESIGNATION PROCEDURES ", TO CLARIFY HISTORIC DESIGNATION PROCEDURES; SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES ", TO CLARIFY APPLICATION PROCESS OF PROPERTIES SUBJECT TO HISTORIC PRESERVATION BOARD REVIEW; AND SUBSECTION (E), "DEVELOPMENT STANDARDS ", TO CLARIFY EXISTING REQUIREMENTS FOR FENCES, PARKING, GARAGES, RELIEF FROM PARKING REQUIREMENTS, AND VISUAL COMPATIBILITY STANDARDS; BY REPEALING SUBSECTIONS (I), HISTORIC PRESERVATION BOARD TO ACT ON APPLICATIONS OTHER THAN CERTIFICATES OF APPROPRIATENESS "; 0), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS ", (Iq, "DESIGNATION OF HISTORIC SITES ", (L), "DESIGNATION OF HISTORIC DISTRICTS "; (M), "TAX EXEM ?ION FOR HISTORIC PROPERTIES ", (l), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION, AND (0), "PROCEDURE FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLARIFICATION ", AND ENACTING NEW SUBSECTIONS (1), "LOCAL REGISTER OF HISTORIC PLACES ", TO COLLECTIVELY LIST ALL HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED PROPERTIES; AND 0), "TAX EXEMPTION FOR HISTORIC PROPERTIES ", TO CLARIFY THE PROCESS FOR TAX EXEMPTIONS ON HISTORIC PROPERTIES; AND AMENDING SUBSECTIONS (K), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", AND, (L), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", TO CLARIFY EXISTING REGULATIONS AND REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and 2 Ord No. 01 -12 WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2012 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations ", Section 2.2.6, "The Historic Preservation Board ", Subsections (A), "Creation ", (B), "Composition and Special Qualification ", and (D), "Duties, Powers, and Responsibilities ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; aftd to have a lay body which shall have authority to act on matters pertaining to historic preservation, to promote certain functional and aesthetic goals, objectives and ,policies as set forth in the City's Comprehensive Plan, as they relate to the preservation of Delray Beach's historic resources . (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Raeh o At least five seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as may nLany-disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Lay persons may be considered if there is a lack of applicants to fill the seats reserved for professionals. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. 3 Ord No. 01 -12 (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. �M -T% Awl" ._ t. ---' ON N I - ml. , , , W- �M -T% Awl" ._ t. Ord No. 01 -12 Ord No. 01 -12 own '- Ord No. 01 -12 I Oil kv, I I I mil I NO I I ....... ft _ _ _ _ _ _ __ __ _ _ - _ _ _ _ _ _ __ . _ _ •i RG ": •:i• : i Ord No. 01 -12 (20) Develop and maintain ft Hista±ie A!esei-vadon Maffuid for- the Gity to help property ownets fulfill (D) Duties, Powers, and Responsibilities: The following duties, Powers, and responsibilities shall be Carried out by the Historic Preservation Board: (1) Act as a regulatory body on all development applications and Certificates of Appropriateness, as specified in Section 2 4 6(Hl for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1), and subject to Processing under Section 2.4.5. �2) Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). (3) Grant variances from Section 4.6.7, Signs_ for those nonconforming signs which existed at the time of enactment of Ordinance 51 -75, adopted on December 8, 1975. (4) Grant relief to Section 4.6.16, Landscape Regulations, through the waiver process. Grant relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9 1 . (6) Make recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, and to the Chief Building Official concerning building_ code amendments, as they apply to Historic structures and districts. (7� Act as a regulatory body to apps, deny or modify a Master Development Plan for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). Develop_ establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and /or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission. Develop, maintain, and update survey reports of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, ex pand, and make more accurate the survey tepott as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate all Ord No. 01 -12 survey reports The Board will work with the Delray Beach Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining the survey reT (1 Q) Nominate buildings sites and districts for historic designation on the Local Register of Historic Places. (11) Nominate and participate in the listing of buildings, sites, and districts on the National Register of Historic Places. (12) Make recommendations to the City Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (13) Increase public awareness of the value of historic preservation by developing, conducting, and participating inpublic education programs. (14) Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites. and historic districts. (15) Evaluate comment upon, and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (16) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition is proposed. (17) In the name of the Cif and only with the express approval of the City Commission, seek. apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding property, or interest in property to further the purposes of historic and heritage conservation and preservation. (18) Make recommendations to the City Commission, by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoingVart of all City planning and zoning codes, the City Future Land Use Plan, and an, comprehensive use planning required by this state. (19) Advise the City Commission on all matters related to the use, administration, and maintenance of city -owned designated historic sites. (20) Execute any other functions relevant to the duties, powers and responsibilities of the Board regardi historic preservation planning 12roaams and policies which may be approved by ordinance or resolution of the City Commission. Section 2. That Article 2.4, "General Procedures ", Section 2.4.7, "Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations ", Subsection (A), "Variances ", of the Ord No. 01 -12 Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Variances: A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship. (1) Rule: A variance shall be granted only by the Board of Adjustment, or the Historic Preservation Board, and only for relief from regulations establishe listed in Section 2.2.4(D), Powers of the Board of Adjustment The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustment. (2) Required Information: The following information including the appropriate processing fee must be provided for consideration of a variance: � Standard Application Items pursuant to 2.4.3(A); �= U A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition as issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) (3) Process: A request for a variance shall be processed in the following manner: � Receipt and certification as to completeness; I�Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; All actions are final unless an appeal is filed. Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. (4) Conditions: The reviewing Board may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section 1.4.4. (5) Findings: The Boatd of Adjttstineit following findings must be made fnake the f64 findings prior to approval of a variance: 8 Ord No. 01 -12 (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (61 Alternative Findings of the Historic Preservation Board: The Board may be guided by the following to make findings as an alternative to the criteria above: Q That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety. or welfare. (b) That special conditions and circumstances exist, because of the historic setting. location, nature, or character of the land structure, appurt� ce, sign, or building involved, which are not applicable to other lands structures appurtenances signs or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) That the variance requested will not significantly diminish the historic character of a historic site or of a historic district. 9 Ord No. 01 -12 (e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site: Section 3. That Article 4.4, `Base Zoning District", Section 4.4.3, "Single Family Residential (R -1) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5Q) or (Iq, as applicable. (4) Within the North Beach /Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual, pursuant to the site plan processing schedule provisions of Section 2.4.8. Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(,D). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) North Beach /Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(x), properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Lake Ida Neighborhood Overlay District: In addition to the provisions of Section 4.3.4(Iq, properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: Forty percent (40 %) for one story houses 10 Ord No. 01 -12 2. Thirty percent (30 %) for multi -story houses (b) The maximum Floor Area Ratio is .35 for a multi -story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy -five percent (75 %) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi -story homes in the R -1 -AA zoning district shall be twenty -five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi -story homes in the R -1 -AAA and R -1 -ARAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi -story houses or additions to existing multi-story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall gene-tally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: 1. Single -story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.43(F)(2)(g)1.a. above shall be considered multi -story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12�. 11 Ord No. 01 -12 (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30). (a) Setbacks: (1) Front: 20' (2) Side (Street): 10' (3) Side (Interior) : 7.5' (4) Rear 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street. or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot be enclosed in any manner. (41 Historic Districts Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individuall,>�gnated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 I(� are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) North Beach /Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4N, properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Carver Square Brownfield Area: Within the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 (1) shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8L Section 4. That Article 4.4, "Base Zoning District ", Section 4.4.5, "Low Density Residential (RL) District ", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 12 Ord No. 01 -12 (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant the provisions of Section 2.4.5(11), 2.4.5(1-1), and (I)- unless it is a property located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (51 Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4 5101 is subject to review by the Historic Preservation Board pursuant to Section 2.2.6(D). (F) Development Standards: (1) The provisions for the R -1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi- family development. (31 In addition to the provisions of 4 3 4 properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Indh iduall�Des -=ated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I�, shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(81. Section 5. That Article 4.4, `Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: 13 Ord No. 01 -12 I- (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (1)_, unless the propgjsy is located within a designated historic district of is individually designated. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(D or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1) is subject to review by the Historic Preservation Board,j2ursuant to Section 2.2.6(Qi. (F) Development Standards: (1) The provisions for the R -1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and inulti- family development, except as modified herein (3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area Development Standards: The following development standards apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing". (a) Setbacks: (1) Front: 15' (2) Side (Street): 15' (3) Side (Interior): 1 and 2 story 10' 3 story 15' (4) Rear: 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street or alley. 14 Ord No. 01 -12 (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: The following supplemental district regulations shall apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing ". (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on- strect parking must be provided. (2) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.10Ei(81. Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1); unless the property is located within a designated historic district or is individually designated. (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, 15 Ord No. 01 -12 and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (6) All development applications which are processed through the Planning and Zoning Board, of SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. (71 Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1 (1) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.60Dl. (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4a). (a) Overall Height of buildings shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.4G)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. (c) Floor Height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. Hotel /Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6 ") for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10'). All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 16 Ord No. 01 -12 -- MffA -- - � - -- _ - _ - - _ r. Man _ _ _ _ - ,(2) Open Space: A minimum of 10% non - vehicular open space shall be provided, except as follows: .Q There shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(Bl: within the Pineapple Grove Main Street area: or east of the Intracoastal Waterway. (bl The body acting upon a development application for a property within the CBD may require that open areas, including but not limited to courtyards plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. (3) Building Frontage: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (4) Front Setbacks: (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5� 3. For arcaded buildings fronting on A-1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (01) 17 Ord No. 01 -12 (b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A -1 -A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: 1. LOWER LEVELS - Ground floor to thirty -seven feet (37'): A minimum of seventy percent (70 9/6) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above thirty -seven feet (37') to forty-eight feet (48'): At least seventy percent (70 1/6) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is thirty-seven feet (37') to forty-eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. (c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on other rights -of -way in the CBD: 1. LOWER LEVELS - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10� from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above twenty -five feet (25') to forty-eight feet (48'): At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25� to forty -eight feet (48') in height shall not exceed seventy percent (709/6) of the floor area contained within the allowable ground level footprint. (d) In addition to Section 4.4.13(F)(4)(a), above, where allowed: 1. UPPER LEVELS — above forty-eight feet (48'): At least ninety percent (90 %) of the frontage shall be set back a minimum of thirty feet (30') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds forty- eight feet (48') in height shall not exceed fifty percent (50 %) of the floor area contained within the allowable ground level footprint. 18 Ord No. 01 -12 (e) Exceptions: 1. Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12') in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non - habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. 3. Lots of record with a width of fifty feet (50') or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10� setback is provided for the portion of the building from finished grade to twenty -five feet (25') in height and a minimum fifteen foot (15') setback is provided above a height of twenty -five feet (25') and above forty -eight feet (48') a thirty foot (30� minimum setback from the property line shall apply. 4. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10'), and a minimum setback of five feet (5') from any alley right of way. Parking garages must comply with the requirements of Section 4.6.18(B)(14)(vi)(4). 6. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. (0 Supplemental: 1. The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right -of -way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (OPTED) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10'), inclusive of columns or pilasters up to a maximum width of two feet (2'). 19 Ord No. 01 -12 (5) Side Interior Setbacks for all buildings shall be as follows: (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10D setback is required only on one (1) side. (c) Buildings shall also comply with Section 4.6.4(A), as applicable. (6) Side Street Building Frontage and Setbacks (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section 4.4.13(F)(4). (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60� from the front property line or if a dedication is required from the resulting property line after dedication. () Rear Setbacks (a) All building floors shall be a minimum often feet (10') from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). (9) Historic Districts, Sites and Buildings: In addition to the above_ properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 are subject to the provisions of Section 4.5.1. 20 Ord No. 01 -12 (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi - family structures and mixed -use buildings shall be as follows: • Efficiency dwellin g unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: 21 Ord No. 01 -12 - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit 44 Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. hX Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. *41� The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right - of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non - conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, 22 Ord No. 01 -12 and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off -site, the in -lieu fee option provided in Section 4.6.9 (E) (3) may be applied. (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. (3) Historic Districts, Sites and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(!), shall comply with the Visual Compatibility Standards of Section 4.5.1(El 181. Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All residential uses allowed as a principal use or accessory use thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) For new New development or modifications of existing development, with the exception of single - family residential must be g ed approved by the Site Plan Review and Appearance Board, pursuant to Sections 2.4.5 �).;, unless it is a property located within a Historic District or Individuall Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1( (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) The creation of a new lot for the purpose of building a single family residence or establishing a principal use on its own parcel required platting pursuant to Section 2.4.50) or (K), as applicable. (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1( is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). 23 Ord No. 01 -12 (F) Development Standards: 44 The development standards as set forth in Section 4.3.4 shall apply (2) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4. properties located within a Historic District or Individuall y Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 X, are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. (3) Historic Districts, Sites, and Buildings• Properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatib!V Standards of Section 4.5.1(B)(4. Section 8. That Article 4.4, `Base Zoning District ", Section 4.4.21, "Community Facilities (CF) District", Subsections (F), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(1✓). jr4 M development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(.L is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). 24 Ord No. 01 -12 (F) Development Standards: The development stftndai!ds as set forth iii Section 4.3.4 41) The development standards as set forth in Section 4.3.4 shall apply. Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following supplemental district regulations shall apply in the CF District.. (1) Medical Arts Overlay District: The following supplemental district regulations apply to the Medical Arts Overlay District, as defined in Section 4.5.18. (a) In addition to the uses listed in 4.4.21(B), the following uses are allowed as permitted uses: 1. Institutional uses, such as: Non - residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (2) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individuall y Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I� shall comply with the Visual Compatibility Standards of Section 4.5.1(E) (8). Section 9. That Article 4.4, "Base Zoning District ", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not requite a permit shall be allowed upon application to, and approval by, the Chief Building Official. (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board, or the Director of Planning and Zoning or designee, as applicable, through the issuance of a Certificate of Appropriateness. 25 Ord No. 01 -12 (3) For new development, or a change in use which results in the requirement to provide additional parking, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (F), (H), and (D. (4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to action by the Planning and Zoning Board, the conditional use request must be reviewed by the Historic Preservation Board with a recommendation forwarded to the Planning and Zoning Board. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4()(4): (a) Lots 1- 7 and 19 -24, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District; (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential-type inn developments, shall be permitted to—.connect adjacent on -site buildings using all- weather, covered walkways that are constructed of not less than seventy percent 0 °/p� vertical transparent glass or similar material Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies or accessory use facilities permitted herein. 26 Ord No. 01 -12 RM 26 Ord No. 01 -12 M All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non - residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. (5) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Section 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. 27 Ord No. 01 -12 (6) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption map only occur once pet property. (7) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1). shall comply with the Visual Compatibility Standards of Section 4.5.1(E�(81. Section 10. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (B), "Criteria for Designation of Historic Sites or Districts ", (C), "Designation Procedures ", (D), "Review and Approval Procedures" and( E), "Development Standards" of the Land Development Regulations of the City of Delray Beach shall hereby be amended to read as follows: Section 4.5.1H' Preservation Sites and Distriet3 Historic Preservation: Designated Districts, Sites, and BuildiM. (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13 -87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Historic Designation of H-istorie Sites or Sites, and Buildings: (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fiilfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the foll owing criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; 28 Ord No. 01 -12 (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; Or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3) (b) and (3) (d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Designatierr Procedures for Historic Designation: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. 29 Ord No. 01 -12 (a) Nominations for historic site status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; or (2) The City Commission:,; or The 12tol2eM ownejs). (3) The Beo ft •a shaR eatte et ° A preliminary evaluation of the information provided on each nomination application shall be conducted by the Historic Preservation Planner to determine if it generally conforms with historic status criteria. A designation report shall then be prepared which sly contains the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) $Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, and minimum lot size; (c) Analysis of the historic significance and character of the nominated property; and (d) aAnalysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. (4) A public hearing before the HPB shall be set, and: notice of said hearing shall be made to the owner,( of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) .After conducting the public hearing, if the Historic Preservation Board , ' shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to ttaeafftit the approve the designation. . The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures;, designation. in the event that ft direetly affeeted property owriet objeets to the llistaAe desigfifttion, th 30 Ord No. 01 -12 (o) Aft cendeefing theptibIie —heating, if the listere n......... va- -B _... d does not fift a . i*e the denied. Appeal may be filed and pr-eeessed piti-stiftnt to Seetieft 2.4.7(E�-. 14&wever, an (7) The Board will issue an official "certificate of historic significance" to the ownet of ptapeides owners of properties listed which are individually designated or classified as contributing to a historic district listed on the Local Register of Historic Places, as identified in Section 4.5.1(1). (D) Development Review and Approval Procedures: Get-tificate of AppfoY-i-1---- required in addition to any a4iet process whieh is reqt�±ed for the develop nt. Pursuant to Section 2 4 6(H), approval of a Certificate of Appropriateness (COAL must be obtained from the Historic Preservation Board prior to the exterior improvement of any properM building, or structure located within a Historic District or Individually Designated Site, as listed on the Local Register of Historic Places in Section 4.5.1 (1). The COA process may occur concurrently with the processing of any additional reviews required for any such improvement of development. (E) Development Standards: All new development or exterior improvements with on individually designated historic properties and /or properties located within historic districts, wheth , shall comply with the goals, objectives, and policies of the Comprehensive Plan these j!egt ttfie s the Delray Beach Historic Preservation Design Guidelines, aftd the Secretary of the Interior's Standards for Rehabilitation., and the Development Standards of this Section. Relief from Subsections (1) through(9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise_ stated. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development_ For the purposes of this section, major and minor development standards shall be applied as noted in the following table: 31 Ord No. 01 -12 Review Type by Use and Zoning District Zoning District Use New Construction Modification of Contributin . Structures Modification of Non - Contributn Structures Under. -25% _- _ :Over 25% Under 25% - Over 25% Muld- Family Minor Minor Minor Minor Minor CBD & CF Non- Residential Minor Minor Minor Minor Minor R -1 -A, R-1- AA, RO, Single Family/Duplex Major Minor Major - Minor major OSSHAD, Multi-Family Major Minor Major = Minor major RL, & RM, Non - Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered: New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to Development Standards of Section 4.4.13(F); or, 2. The construction, reconstruction, or alteration of a building in excess of twenty -five percent (25 %) of the existing floor area of the budIding, and all appurtenances, except for properties zoned CBD. ,or CF, ftiid properties Patte or OSSHAD, subject to CBB Development Standards of Section 4.4.13(F). For the purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front farrade of an existing contributing residential or non - residential structure and all appurtenances, except for properties zoned CBD, or CF, and pi-opeities zvfted or OSSHAD, subject to Development Standards of Section 4.4.13(Fl. �i� ➢iiGgi�s:�:�t�:i�Gnrnres�s -�- •iii���..ir•..i�RS.i�w.ia. (c) Minor development shall be considered: 32 Ord No. 01 -12 1. New construction in all historic districts on property zoned CBD, and-CF, well as aR propetties in the or OSSHAD zoned disti4et subject to the GBD design guidelines Development Standards of Section 4.4.13(F). or, 2. Modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD, and­CF, or OSSHAD zoned dist±iet subject to the Development Standards of Section 4.4.13(F); or, 3. The construction, reconstruction, or alteration of any part of the front facrade of an existing noncontributing residential or non - residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty -five percent (25 %) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. Fences and Walls: The provisions of Section 4.6.5 shall apply, except as modified below: a. Chain -link fences are discouraged. When permitted, chain -link fences shall be clad in a green or black vinyl and shall only be used in rear yards where they are not visible from the a public right of wavt&eet, even when screened by a hedge or other landscaping, b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand -alone appearance. C. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. 33 Ord No. 01 -12 I Non - historic and /or synthetic materials are discouraged, particularly when visible from a public right of Ha e Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet (8') within the front or side street setbacks. Garages and Carports: VpReable- a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of carports is discouraged When permitted, the enclosure of the carport should maintain the original details, associated Nvith the carport, such as decorative posts, columns, roof planes, and other features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged: however_ if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building. (b) Parking: WON 34 Ord No. 01 -12 Parking lets areas shall strive to contribute to the historic nature of the properties /districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following options criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the a public right -of -way with fencing, landscaping, or a combination of the two purstiftiat to Seetieft 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. c.. Use appropriate materials for driveways, . .Avoid wide drivew*y ay:__,., Driveway type and design should convey the historic character of the district and the property. 2 Where feasible, and appropriate, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C(8) and /or 4.6.90, as applicable. shall be explored to avoid excessive use of historic properties and /or properties located in historic districts for parking. 3. In accordance with Section 4.6.9(E)(1), the Historic Preservation Board may reduce the parking requirement when upon receipt and special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. 35 Ord No. 01 -12 (6) Relocation. (a) Relocation of a historic buildings aid- orstructures, whether contributing, non - contributing, or individually designated, to ether another sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. it is shown that preservation on their existing or original site would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 2. a building permit has been issued for the Historic Preservation Board approved redevelopment. (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non- contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a) -(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 36 Ord No. 01 -12 Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: Single -story or first floor limits shall be established by: i:a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii-.b. Mean Roof Height shall not exceed eighteen feet (18'). iii:c. If Aa.ny portion of the building exeeediftg exceeds the dimensions described in ice., a. and b. above, the building shall be considered a multi -story structures. i$:d. See illustration below: v:e. Sections i a_, b., and c. above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Heights).: Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing 37 Ord No. 01 -12 historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and /or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and /or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape; including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: For buildings wider than sixty percent (60 %) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty -five (65) feet or less in width are exempt from this requirement. 38 Ord No. 01 -12 b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25). c. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50 %) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50 1/o) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback -10' rear setback = 25). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below: d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and /or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 39 Ord No. 01 -12 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following: (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and (b) Front Elevation: Up to twenty five percent (25 %) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25 %) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E) (8) (a) (2). The total width of extension shall not exceed eighteen feet (18� along the front elevation(s). See illustration below. Section 11. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (1), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness ", Q), "Historic Preservation Board to Act on Variance Requests ", (K), "Designation of Historic Sites ", (L), "Designation of Historic Districts ", (M), "Tax Exemption for Historic Properties ", (l), "Criteria for Change of Historic Designation and /or Classification", and (0), "Procedures for Change of Historic Designation and /or Classification ", shall be repealed in their entirety and new Subsections () , Local Register of Historic Places ", 0), "Tax Exemption for Historic Properties ", (K), "Criteria for Change of Historic Designation and /or Classification ", (L), "Procedures for Change of Historic Designation and /or Classification ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be enacted to read as follows: 40 Ord No. 01 -12 ( Local Register of Historic Places: The following Historic Districts, Sites. and /or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2 -19 of Nassau Park. as recorded in Plat Book 16 page 67 of Palm Beach County Florida; Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16 page 98 of Palm Beach County Florida; and Block E, Lot 4 and Block F. Lot 1 of John B Reid's Village as recorded in Plat Book 21,paje 95 of Palm Beach County, Florida (Original designation by Ordinance 97 -87 adopted on January 12, 19881 (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70 the west half of Blocks 74 and 75, and Lo_ is 1 -6 of Block 76. Town of Linton Plat as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 1988). Q) DEL -IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13 inclusive, along with Tracts A B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) (4) SUNDY FEED STORE located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102 -88, August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) (5) HISTORIC DEPOT SQUARE located on a Parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88 October 11. 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive. Lots 22 to 66, inclusive and Lots 83 to 93 inclusive Palm Square an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach (according, to the plat thereof as recorded in Plat Book 1. Page 3 of the Public Records of Palm Beach County, Florida), Together with Lots A. D. E and F. Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County. Florida, Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County. Florida. said Condominium being located within Lots B and C, Riker Square according to the Plat thereof, recorded in Plat Book 18 Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive Resubdivision of Block 118 Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida. Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271,, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4 Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2 Page 8 of the Public Records of Palm Beach County, Florida: Together with Lots 1 to 7 inclusive and Lots 13 to 24 inclusive. Resubdivision of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of 41 Ord No. 01 -12 Palm Beach County, Florida, with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,Florida• Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89 Page 162 of the Public Records of Palm Beach County, Florida• Together with all of Block 134 1- West of Intracoastal Waterway, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, with Lots 13 to 24 inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R /WS Gracey -Byrd Subdivision according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida, Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida, Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R /WQ, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1 Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2 Stone Hedge according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida. Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto_, Block 120, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County. Florida. (Qjjginal designation by Ordinance 156 -88 adopted on December 20 1988, by Ordinance 38 -07, February 22008• Amended by Ordinance 10 -09, March 17, 2009) (7) THE KOCH HOUSE 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D Delray Beach, Palm Beach County (Original Designation by Ordinance 162 -88, January 10, 1989.) (88) SITE OF SCHOOL NO 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89, April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17 -89, April 11, 1989) (10) ST PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89, April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275,85 N.W. 5th Avenue, located on lot 1, Block 28, Delray Beach Original desi, nation by Ordinance 19 -89, April 11. 1989 (12) ST MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20 -89, April 11, 1989) (13) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard_ located on the South Half of Lot 4 lying West of State Road AlA Qess the West 435.5 feet thereof, less the West 25 feet thereof for road Right - 42 Ord No. 01 -12 of -wa4 that Vart of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road A1A (less the West 25 feet thereof for road Right- of -wa, and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right -of -way) Qe�ght -of -wad of State Road A1A, missing from original descriptionLf Block E Revised Plat of Blocks D and E, Palm Beach Shorc Acres, Delray Beach, Palm Beach County. Florida as Recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And that Part of the South 10 feet of Lot 3 lying East of the Right -of -way of State Road A1A. (Original designation by Ordinance 70 -89, October 24, 1989: Amended by Ordinance 43 -11, December 6, 2011.) (14) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 =90, May 22. 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22.23.24 and 25, Inclusive, Block 108 And Lots 5 6 and 7, Less 5 foot Road R /W, Block 108, Town of Delray, with the designation per�g to the buildings only and not the grounds Original designation by Ordinance 22 -91, March 26. 1991 (16) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N E 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach. fonnerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 68 -94, October 18, 1994.) (17) SOLOMON D SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County. Florida. (Original designation by Ordinance 08 -95, February 7, 1995,1 .(18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5"' Avenue, Delray Beach, Florida: more Particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5,` Avenue Original designation by Ordinance 09 -95, February 7, 1995, by Ordinance 29 -02, July 16, 2002. (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27 -95, Lune 6 1995. (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28 -95. tune 6, 1995.) 43 Ord No. 01 -12 (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, fortnerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29 -95, June 6 1� 995.) (22) THE SANDOWAY HOUSE 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1. Page 25, of the Public Records of Palm Beach Cog=, Florida. (Original designation by Ordinance 57 -96, December 3, 19 (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43, 3rd Avenue between N.W. 1st Street and the east -west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43, the east -west alley in Block 36 and Block 28 and the south pYopeM line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1 /21 of the block south of the alley of Block 19, the north -south alley in the north half of Block 20 (Ori� naignation by Ordinance 6 -97, February 18 1997 Amended by Ordinance 38 -07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church propeqy at 400 North Swinton Avenue, Delray Beach, Florida; more Particularly described as the East 1/2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26 -97, July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida, more particularly described as the South 27.6 feet of Lot 5 less the West 5 feet SR R /W, Lots 6 & 7, less the West 5 feet SR RL-M of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -97, November 18, 1997.) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County,, Florida. (Original designation by Ordinance 12 -98 March 3. 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach Counts Florida. Original designation by Ordinance 46 -99, November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach_ Pahn Beach County, Florida. (Original designation by Ordinance 18 -00, August 15, 20001 44 Ord No. 01 -12 L29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8'h Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County Florida. (Original designation by Ordinance 19 -00. August 15. 2000.) (30) THE WATER HOUSE located at 916 and 918 Northeast 5`" Street, Delray Beach, Florida: more Particularly described as the West 84.82 feet of Lot 37 Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. Q iginal designation by Ordinance 15 -01, February 20, 2001.) Ql) THE O'NE,AL• HOUSE. located at 910 N.E. 2nd Avenue, Delray Beach. Florida. more particularly described as follows: Lots 1, 2 3 28 and 29, Block 10 Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County Florida. (.Original designation by Ordinance 27 -02, July 16, 20Q2. (32) THE AMELUNG HOUSE located at 102 NE 12t' Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Pa& according to the Plat recorded in Plat Book 8. Page 56 recorded in the Public Records of Pahn Beach County, Florida• said land situate, lying and being in Palm Beach County Florida (Original designation by Ordinance 25 -03 August 19, 2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida. more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.0 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County Florida. (Original designation by Ordinance 71 -04, January 4, 2005.) (34) THE HARTMAN HOUSE located at 302 N.E. 7`h Avenue, Delray Beach. Florida, more particularly described as follows Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2,, Page 79, of the Public Records of Palm Beach County. Florida. (Original designation by Ordinance 26 -05 May 3, 2005.) (35) THE SEWELL C BIGGS HOUSE, located at 212 Seabreeze Avenue, Deltay Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39 Public Records of Palm Beach County, Florida (Original designation by Ordinance 50 -05 July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5`h Avenue, Delray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1 Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County Florida. (Original designation by Ordinance 16 -10, lily 20, 2010.) (� Tax Exemption for Historic Properties: A tax exemption is available for improvements to qua iifying contributing V. operdes in a designated historic district or individually designated .properties, as listed 45 Ord No. 01 -12 in Section 4.5.1 (1). Qualifying properties shall be exempt from that portion of ad valorem taxation levied U� the City of Delray Beach on one hundred Percent (100%) of the increase m assessed value resulting from an H�PB 412.toved renovation, restoration, rehabilitation, or other improvements of the qualif,g Property made on or after the effective date of the original passing of Ordinance 50 -96 on November 19, 1996. (1) The exemption does not apply to: (a) Taxes levied for payment of bonds: (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) of Section 12, Article 7 of the Florida Constitution: or (c) Personal property. (2) Duration of Tax Exemption: The exemption period shall be for ten (10) years unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the proper (b) To retain an exemption, the historic character of the property and the improvements which qualified the vroverty for an exemption must be maintained in their historic state over the period for which the exemption was authorized. (3) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copv of the Final Application and resolution of the City Commission as approved, have been transmitted to the Palm Beach County Property Appraiser. (4) Qualifying Properties: Real property located within the City qualifies for the Historic Property Tax Exemption if at the time the exemption is approved by the City Commission, the proper (a) is individuall y listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or. (bl is a contributing nrerty within a district listed on the National Register of Historic Places or, is a contributing property within a locally designated historic district or is individuall y designated and listed on the Local Register of Historic Phices, and, (dl has been certified by the Historic Preservation Board as satisfying (a or (c). 46 Ord No. 01 -12 (5) Qualifying Improvements• Improvements to a gualifyingrperty for an exemption, the improvement must: (a) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended, and (b) be a constructed and /or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs or additions to the principal contributing building and its associated accessory structures (i.e. a garage cabana guest cottage, storage /utility structures, swimming pools), whether existing or new. The exemption does not apply to improvements made to non - contributing principal buildings existing non - contributing accessory structures.. -, or unde! gOated structures and /ox properties: and, (T) be consistent with Section 4.5.1(Q, "Development Standards ", of the City's Land Development Regulations: and (d) include as part of the overall project, visible improvements to the exterior of the structure. (16) Evaluation of Property Used for Government or Nonprofit Purposes: For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent 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 Section 617.0301. Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the grope is provided not less than 12 days a 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. (7) Application for Exemption: Anypr petty owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. 47 Ord No. 01 -12 (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. The Historic Property Tax Exemption Application shall be accompanied bra copy of the most recent tax bill from the Palm Beach County PropeM Appraiser for the property; a new property survey illustrating the unprovements: a copy of the building permit application indicating estimated project cost: a copy of the Certificate of Occupancy /Final Inspection,• and photo •aphs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4 5 1(EE, the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property. the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1X), the applicant shall be advised that the request has been denied. J8} Historic Preservation Exemption Covenant: (a1 To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach Citv Attorney's Office and applicable for the terin for which the exemption is granted and shall 48 Ord No. 01 -12 require the character of thel2roperty and qualifying improvements to be maintained during the period that the exemption is authorized. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. 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 prop owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or aggeement was in effect had the property not received the exemption and the total amount of taxes actually ars paid in those ye plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. (9) Notice of A pproval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application /Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore, the Final Application /Request for Review of Completed Work must be submitted no later than November 152 of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals If the Final Application /Request for Review of Completed Work is not submitted by November 152 of the year the work was completed_ the abatement will not take effect until the following year of the date of submittal. (10) Revocation Proceedings: () The Historic Preservation Board man 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, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing and make a recommendation to the City Commission. 49 Ord No. 01 -12 (c) The City Commission shall review the recommendation of the Historic Preservation 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 in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (dTpon 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 1st of the year following receipt of the notice of revocation. aQ Criteria for Change of Historic Designation and /or Classification: A survey of all historic districts may be conducted by the City eye , five 5) , :ears- The survey report may recommend changes to the historic designation and /or classification of properties located within _or immediately adjacent to a designated historic district. (al Change of Historic Designation through Removal from a Historic District: If a survey report reveals that a part of a historic district that touches the edge of the boundary of the historic district at the time of the original designation of that district has had its historic integrity irreversibly compromised due to inappropriate development then the offending of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). 1. If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation; then the part of the district seeking to be removed from the district which includes said property 1-nay not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(M )(3). (b) Criteria for Change of Historic Classification: If a City -initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non - contributing, then the classification may be revised in accordance with LDR Section 4.5.1 (0) and shall be determined as follows: 1. The survey report recommends the inclusion of an additional "Period of Significance ", which would reclassify properties from non - contributing to contributinZ. or 2. The survey report recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic 50 Ord No. 01 -12 integrity of the structure; which would reclassify the structure from contributing to non - contributing. (e) Change of Historic Designation through Expansion of a Historic District: The boundaries of a historic district may be expanded based upon the recommendation of a survey report. to include those properties recommended for inclusion within the district in accordance with LDR Section 4.5XQ) or a new historic district may be created to include those identified properties in accordance with LDR Section 4.5.1(C). (I) Procedures for Change of Historic Designation and /or Classification. (1) Procedures for Change of Historic Designation through Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: The Historic Preservation Board based upon the recommendations of a survey report completed within five (5) years prior to the applicaT lion: or (b) The City Commission based upon the recommendations of a survey report completed within five (5) years prior to the applica: or (c) Any owner (s� ofTperty to be removed or added based upon the recommendation of a Cit Linitiated survey completed within twelve (12) months or less prior to application. Applications submitted by prop tM owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district;-and - 2. signatures of at least seventy -five percent (75% of the property owners that are located in the area that will be removed from or added to the historic district. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his/her designee shall conduct a preliminaiv evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.11,N�(1). The Planning and Zoning Director or his /her designee shall then 12repare a report which shall contain the following 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district: and 51 Ord No. 01 -12 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owners) of all properties within the sub]ect historic district and the owners o) f all properties within five hundred feet (500') of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action (see Section 2.4.2 (B)(1)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided: however, posting putsuant to 2.4.2(L3) (1) (b) is not required. Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of (a) The Historic Preservation Board based upon the recommendations of a City - initiated survey report completed within five (5) years prior to the applica (b) The City Commission based upon the recommendations of a City- initiated survey report completed within five (5) years prior to the application: or (c) Any owner(- of a property to be reclassified based upon the recommendation of a C4- initiated survey report completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing: and 2. signatures of at least seventy -five percent (75 %) of the owners whose properties_ are to be reclassified. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his /her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1N(1). The Planning and Zoning Director or his /her designee shall then prepare a report which shall contain the following: 52 Ord No. 01 -12 i. Analysis of the properties to be reclassified: and ii. A staff recommendation as to whether or not the properties should be reclassified due to either: 1. loss of historic integrity as a result of irreversible alterations to a contributing property: or 22. inclusion of an additional "Period of Significance" per the survey report recommendations. (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) f f all properties within the subject historic district at least ten (10) days prior to the hearing by regular mail. (33) After conducting the public hearing, the Historic Preservation Board shall vote on the recommendation A majority of the entire Board present and voting, must act in the affirmative to approve the apl2lication The decision of the Board, whether the application is approved or denied, shall then be transmitted to the C4 Commission The City Commission shall consider the recommendation of the Historic Preservation Board throu h its standard ordinance adoption procedures, except that if any property owner within the subject historic district seeking -a change of historic designation and /or classification objects the City Commission approval shall require a super majority vote of four (4 votes. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 14. That this ordinance shall become effective immediately upon its passage on second and final reading. P SSED AND ADOPTED in regular session on second final reading on this a� day of 2012. MAYOR OJ ATTEST: City Clerk 53 Ord No. 01 -12 54 Ord No. 01 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Acting City Manager DATE: August 9, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF AUGUST 21, 2012 ORDINANCE NO. 01-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider city - initiated amendments to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within applicable zoning districts; clarification of procedures for historic designation; clarification of development standards for properties listed on the Local Register of Historic Places; creation of "Local Register of Historic Places "; clarification of procedures for tax exemptions for historic properties; clarification of criteria for changes of historic designation and/or classification. BACKGROUND At the first reading on August 7, 2012, the Commission passed Ordinance No. 01 -12. RECOMMENDATION Recommend approval of Ordinance No. 01 -12 on second and final reading. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5880 &MeetingID =386 8/28/2012 ORDINANCE NO. 01 -12 AN ORDINANCE OF THE CITY COTvMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS ", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD ", SUBSECTIONS (A), "CREATION ", (B), "COMPOSITION AND SPECIAL QUALIFICATION ", AND (D), "DUTIES, POWERS, AND RESPONSIBILITIES ", TO CLARIFY AND AMEND HISTORIC PRESERVATION BOARD DUTIES, POWERS AND RESPONSIBILITIES; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES ", SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS ", SUBSECTION (A), "VARIANCES ", TO CLARIFY THE REVIEW OF VARIANCES BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R -1) DISTRICT', SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RNI) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS" TO SPECIFY THAT ALL PROPERTIES IN A HISTORIC DISTRICT OR INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES ARE SUBJECT TO THE PROVISIONS OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS ", SUBSECTIONS (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS" AND (C), "DESIGNATION PROCEDURES ", TO CLARIFY HISTORIC DESIGNATION PROCEDURES; SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES ", TO CLARIFY APPLICATION PROCESS OF PROPERTIES SUBJECT TO HISTORIC PRESERVATION BOARD REVIEW; AND SUBSECTION (E), "DEVELOPMENT STANDARDS ", TO CLARIFY EXISTING REQUIREMENTS FOR FENCES, PARKING, GARAGES, RELIEF FROM PARKING REQUIREMENTS, AND VISUAL COMPATIBILITY STANDARDS; BY REPEALING SUBSECTIONS (I), HISTORIC PRESERVATION BOARD TO ACT ON APPLICATIONS OTHER THAN CERTIFICATES OF APPROPRIATENESS"; (j), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS ", (I <), "DESIGNATION OF HISTORIC SITES ", (L), "DESIGNATION OF HISTORIC DISTRICTS "; M, "TAX EXEMPTION FOR HISTORIC PROPERTIES ", (N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION, AND (0), "PROCEDURE FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLARIFICATION ", AND ENACTING NEW SUBSECTIONS (I), "LOCAL REGISTER OF HISTORIC PLACES ", TO COLLECTIVELY LIST ALL HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED PROPERTIES; AND 0), "TAX EXEMPTION FOR HISTORIC PROPERTIES ", TO CLARIFY THE PROCESS FOR TAX EXEMPTIONS ON HISTORIC PROPERTIES; AND AMENDING SUBSECTIONS (I), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", AND, (L), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", TO CLARIFY EXISTING REGULATIONS AND REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and 2 Ord No. 01 -12 WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2012 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations ", Section 2.2.6, "The Historic Preservation Board ", Subsections (A), "Creation", (B), "Composition and Special Qualification ", and (D), "Duties, Powers, and Responsibilities ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; and to have a lay body which shall have authority to act on matters pertaining to historic preservation. to promote certain functional and aesthetic goals. objectives and policies as set forth in the Ci ,'s Comrehensive Plan as they relate to the preservation of Delray Beach's historic resources . (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Raeh a At least five seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as frsay many disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Lay uers�y be considered if there is a lack of applicants to fill the seats reserved for professionals. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Ord No. 01 -12 (C) Meetings and Quotum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. -- --- - - ■IImII IIIPji �I�m I!ll�Ils I OR ROOM - - - - - - ' - - - -- --- - - Ord No. 01 -12 ■IImII IIIPji �I�m I!ll�Ils Ord No. 01 -12 Ord No. 01 -12 - - - - - - - - - IIIEWMI mum RIM Ord No. 01 -12 by LLtl t ^1 L (Dl Duties, Powers and Responsibilities: The following duties powers, and responsibilities shall be carried out by the Historic Preservation Board: (1) Act as a regulatory body on all development applications and Certificates of Appropriateness, as specified in Section 2 4 6 (H) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(j). and subject to processing under Section 2.4.5. (2) Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for IndividuaU Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). (3) Grant variances from Section 4.6.7. Signs for those nonconforming signs which existed at the tune of enactment of Ordinance 51 -75 adopted on December 8. 1975. (4) Grant relief to Section 4.6.16. Landscape Regulations through the waiver process. ,(5) Grant relief from the number of parking spaces required for specific uses pursuant to Section 4.6.90(l). (6) Make recommendations to the Planning and Zoning Board concerning amendments to the Lan d Development RegiAgdons. and to the Chief Building Official concerning building code amendments, as they apply to Historic structures and districts. �7) Act as a regulatory body to approve deny, or modify a Master Development Plan for properties located v iA -Lin a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). (8) Develop establish and regulate guidelines concerning contemporaneous architectural styles . colors bWlding_materials and so forth for all properties which are Individuallv Designated and /or located within historic districts Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the (fommission. L) Develop, maintain and update survey reports of archaeological sites properties. buildings. structures and districts of special historic aesthetic architectural, cultural, or social value or interest. The Board will endeavor to improve expand and make more accurate the survey report as additional documents, information. oral histories and other such materials may become available and it will periodically reevaluate all Ord No. 01 -12 survey reports The Board will work with the Delray Beach Historical Society the State Bureau of Historic Preservation and other =ropriate public and nonprofit organizations in maintaining the survey reports. (10) Nominate buildings sites and districts for historic designation on the Local Register of Historic Places. (11) Nominate and participate in the listing of buildings sites and districts on the National Register of Historic Places. (12) Make recommendations to the City Commission about facade easements. the imposition of other restrictions and the negotiation of contracts for the purposes of historic preservation. (13) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (14) Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historicall y and aesthetically significant archaeological sites, historic sites. and historic districts. (13) Evaluate comment upon and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites historic sites, and historic districts. (16) Contact public and private organizations businesses, and individuals and endeavor to arrange aa"eements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition is proposed. (17) In the name of the City, and only with the express approval of the City Commission, seek. apply fox solicit, receive and expend any federal state or private grant gift or bequest of any funding. property. or interest in property to further the purposes of historic and heritage conservation and preservation. (1M Make recommendations to the City Commission by referral to the Planning and Zoning Board to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City Future Land Use Plan and any comprehensive use planning required by tlus state._ (12) Advise the City Commission on all matters related to the use, administration, and maintenance of cit-- -owned designated historic sites. (20) Execute any other functions relevant to the duties powers and responsibilities of the Board regarding historic preservation planting programs and policies which may be approved by ordinance or resolution of the City Commission. Section 2. That Article 2.4, "General Procedures ", Section 2.4.7, "Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations ", Subsection (A), "Variances ", of the Ord No. 01 -12 Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Variances: A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship. (1) Rule: A variance shall be granted only by the Board of Adjustment, or the Flistoric Preservation Board, and only for relief from regulations established listed in Section 2.2.4(D), Powers of the Board of Adjustment. The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site which otherwise would be acted upon by the Board of Adjustment. (2) Required Information: The following information including the appropriate processing fee must be provided for consideration of a variance: * � Standard Application Items pursuant to 2.4.3(A); * 4 A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition as issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) (3) Process: A request for a variance shall be processed in the following manner: * fa Receipt and certification as lo--completeness- 3 - Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; All actions are final unless an appeal is filed Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. (4) Conditions: The reviewing Board may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section 1.4.4. (5) Findings: The AdJestmeftt, following findings must be made malfe the fellffmft cgs prior to approval of a variance: Ord No. 01 -12 (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confex onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (� That the granting of the variance will be in harmony with the general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (6) Alternative Findings of the Historic Preservation Board: The Board may be Wuided by the following to make findings as an alternative to the criteria above: (a) That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest safety, or welfare. That special conditions and circumstances exist because of the historic setting, location, nature, or character of the land structure appurtenance signn or building involved which are not applicable to other lands structures appurtenances signs or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c,) That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. g That the variance reduested will not significantly diminish the historic character of a historic site or of a historic district. Ord No. 01 -12 (ej That the requested variance is necessarY to accommodate an appropriate adaptive reuse of a historic building, structure. or site: Section 3. That Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential (R -1) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (I), as applicable. (4) Within the North Beach /Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual, pursuant to the site plan processing schedule provisions of Section 2.4.8. (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4 5 1(I) is subject to review by the Historic Preservation Board pursuant to Section 2.2.6(D). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) North Beach /Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(1), properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Lake Ida Neighborhood Overlay District: In addition to the provisions of Section 4.3.4(1), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: Forty percent (40 %) for one stoiy houses 10 Ord No. 01 -12 2. Thirty percent (30 9/6) for multi -story houses (b) The maximum Floor Area Ratio is .35 for a multi -story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy -five percent (75 %) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi -story homes in the R -1 -AA zoning district shall be twenty -five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi -story homes in the R-1-AAA and R 1 -AAAB zoning districts shall be thirty feet (30� for the front yard and seventeen feet (17� for the rear yard. (f) Additional landscaping required for both new multi -story houses or additions to existing multi -story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14� shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: Single -story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14�. b. Any portion exceeding the dimensions described in Section 4.43(F)(2)(g)1.a. above shall be considered multi -story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12�. 11 Ord No. 01 -12 (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30). (a) Setbacks: (1) Front: 20' (2) Side (Street): 10' (3) Side (Interior): 7.5' (4) Rear 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street. or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot be enclosed in any manner. U Historic Districts Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites as listed on the Local ReOster of Historic Places in Section 4.5.1 (1) are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) North Beach /Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(1), properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Carver Square Brownfield Area: Within the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. (3) Historic Districts Sites, and Buildings: Properties located witNn a Historic District or Individually Designated Sites as listed on the Local Regiister of Historic Places in Section 4.5.1(11. shall comply with the Visual Compatibility Standards of Section 4.5.iX) 8). Section 4. That Article 4.4, `Base Zoning District", Section 4.4.5, "Low Density Residential (RL) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 12 Ord No. 01 -12 (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) New #imultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant the provisions of Section 2.4.50, 2.4.5(II), and (I)—, unless it is a property located ,vithin a Historic District or Individually Designated Sites as listed on die Local Register of Historic Places in Section 4.5.1(I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5a) or (K�, as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 451(I is subject to review by the Historic Preservation Board pursuant to Section 2.2.6(D). 0 Development Standards: (1) The provisions for the R 1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and inulti- family development. (3) In addition to the provisions of 4 3 4,12roperties located within a Historic District or Individually_ Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified below (1) Historic Districts Sites, and Buildings: Properties located within a Historic_ District or IndividuaU Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(W. Section 5. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RIN/D District ", Subsections (E), "Review and Approval Process ", 0, "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: 13 Ord No. 01 -12 (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (1)— unless the property is located within a designated historic district of is individually designated. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4 5 1(I) is subject to review by the Historic Preservation Board pursuant to Section 2.2.6(Dl. (F) Development Standards: (1) The provisions for the R -1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi- family development, except as modified herein (3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area Development Standards: The following development standards apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing ". (a) Setbacks: (1) Front: (2) Side (Street): (3) Side (Interior) (4) Rear: 15' 15' 1 and 2 story 10' 3 story 15' 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street or alley. 14 Ord No. 01 -12 (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. (4) Historic Districts Sites, and Buildings: In addition to the provisions of 4.3.4. properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Htstoric Places in Section 4.5.1 (1) ate, re subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: The following supplemental district regulations shall apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing". (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on- street parking must be provided. (Z) Historic Districts Sites and Buildings: Properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1), shall comply with the Visual Compatibility Standards of Section 4.5.1(El (81. Section 6. That Article 4.4, "Base Zoning District ", Section 4.4.13, "Central Business (CBD) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(1-1), and 2.4.5(1)3 unless the proleriy is located within a designated historic district or is individually designated. (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, 15 Ord No. 01 -12 and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (6) All development applications which are processed through the Planning and Zoning Board, or SPRAB. or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. (1 Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(-!-) is subject to review by the Historic Preservation Board pursuant to Section 2.2.6p . (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.40). (a) Overall Height of buildings shall be a minimum of twenty -five feet (25� and a maximum of forty -eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.40)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. (c) Floor Height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. Hotel /Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6 ") for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10�. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 16 Ord No. 01 -12 Open Space: A minimum of 10% non - vehicular open space shall be provided. except as follows: (a) There shall be no minimum open space requirement within the area encompassed the boundaries of the original Downtown Development Authority as described in Section 8.2.2m.- within the Pineapple Grove Main Street area• or east of the Intracoastal Waterway. (b) � � Tle body acting upon a development application for a property within the CBD may require that open areas including but not limited to courtyards, plazas and landscaped setbacks be provided in order to add interest and provide relief from the building mass. (3) Building Frontage: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (4) Front Setbacks: (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5� 3. For arcaded buildings fronting on A -1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0'} 17 Ord No. 01 -12 M rv--w- Open Space: A minimum of 10% non - vehicular open space shall be provided. except as follows: (a) There shall be no minimum open space requirement within the area encompassed the boundaries of the original Downtown Development Authority as described in Section 8.2.2m.- within the Pineapple Grove Main Street area• or east of the Intracoastal Waterway. (b) � � Tle body acting upon a development application for a property within the CBD may require that open areas including but not limited to courtyards, plazas and landscaped setbacks be provided in order to add interest and provide relief from the building mass. (3) Building Frontage: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (4) Front Setbacks: (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5� 3. For arcaded buildings fronting on A -1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0'} 17 Ord No. 01 -12 (b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A -1 -A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: LOWER LEVELS - Ground floor to thirty -seven feet (37'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 9/6) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15� from the property line. UPPER LEVELS - above thirty -seven feet (37') to forty -eight feet (48�: At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is thirty -seven feet (37') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. (c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on other rights -of -way in the CBD: 1. LOWER LEVELS - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 9/6) and a maximum of ninety percent (90 9/6) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above twenty -five feet (25') to forty -eight feet (48'): At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15� from the property line. Tlie remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') to forty -eight feet (48') in height shall not exceed seventy percent (70 9/6) of the floor area contained within the allowable ground level footprint. (d) In addition to Section 4.4.13(F)(4)(a), above, where allowed: UPPER LEVELS — above forty -eight feet (48'): At least ninety percent (90 %) of the frontage shall be set back a minimum of thirty feet (30') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds forty - eight feet (48� in height shall not exceed fifty percent (50 9/6) of the floor area contained within the allowable ground level footprint. 18 Ord No. 01 -12 (e) Exceptions: 1. Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12� in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non - habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. Lots of record with a width of fifty feet (50� or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty -five feet (25) in height and a minimum fifteen foot (15') setback is provided above a height of twenty -five feet (25') and above forty -eight feet (48� a thirty foot (30') minimum setback from the property line shall apply. 4. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10�, and a minimum setback of five feet (5') from any alley right of way. Parking garages must comply with the requirements of Section 4.6.18(B) (14) (vi) (4). 6. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. (f) Supplemental: 1. The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right -of -way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10�, inclusive of columns or pilasters up to a maximum width of two feet (21 19 Ord No. 01 -12 (5) Side Interior Setbacks for all buildings shall be as follows: (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10� setback is required only on one (1) side. (c) Buildings shall also comply with Section 4.6.4(11), as applicable. (6) Side Street Building Frontage and Setbacks (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section 4.4.13(F)(4). (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60') from the front property line or if a dedication is required from the resulting property line after dedication. (7) Rear Setbacks (a) All building floors shall be a minimum of ten feet (10'} from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4�. L) Historic Districts Sites, and Buildings: In addition to the above properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(L are subject to the provisions of Section 4.5.1. 20 Ord No. 01 -12 (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking requited for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. {fl The parking requirements for residential units in multi- fainily structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: 21 Ord No. 01 -12 - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit lg� Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. �4-i Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. {g}j1 The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Commercial structures are litnited to a maximum depth of 150 feet from the ultimate right - of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non - conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, 22 Ord No. 01 -12 and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (fj Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individuall y Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Co=atibility Standards of Section 4.5.1 (Q(81- Section 7. That Article 4.4, "Base Zoning District ", Section 4.4.17, "Residential Office (RO) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All residential uses allowed as a principal use or accessory use thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) Pat! ft New development or modifications of existing development, with the exception of single- family residential. aif the &st 6me establishmefit of siden'°' -pr.. - °' must be gr-aftte approved by the Site Plan Review and Appearance Board, pursuant to Sections 2.4.5(9, y) —, unless it is a property located within a Historic District or Individually esignated Sites as listed on the Local Register of Historic Places in Section 4.5.1(11. (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) The creation of a new lot for the purpose of building a single family residence or establishing a principal use on its own parcel required platting pursuant to Section 2.4.5G) or (1q, as applicable. (5) Any development of Properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4 5 1(1) is subject to review by the Historic Preservation Board pursuant to Section 2.2.6p 23 Ord No. 01 -12 (F) Development Standards: 4he deve4apment n ('a ds as set forth ift Seetion A 2 .4 shall ' 1 1 l The development standards as set forth in Section 4.3.4 shall apply. Q Historic Districts, Sites and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.51(j). are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. (3) Historic Districts Sites, and Buildings: Properties located within a Historic District of Individuall y Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 (I). shall comply with the Visual Co=atibihjy Standards of Section 4.5.1(El(81. Section 8. That Article 4.4, "Base Zoning District ", Section 4.4.21, "Community Facilities (CF) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (4) Any of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4 51(I) is subject to review by the Historic Preservation Board pursuant to Section 2.2.6(Dl. 24 Ord No. 01 -12 (F) Development Standards: The a . _' -' a F t 4.3 .4 shftl pp4y &a guidelines f6r site eleve4opment. VA-tile de-Aadans &-E)fn 4tese standards are allowed, eftek deviafion ffittst be — .�ror� c_rrc c c xcxirs'raix�ra$as3ti � -rvi � r r 41� The development standards as set forth in Section 4.3.4 shall apply. 42� Historic Districts, Sites, and Buildings: In addition to the provisions o£ 4.3.4. properties located within a Historic District or Individually Designated Sites gi as listed on the Local Rester of Historic Places in Section 4.5.1(1). are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following supplemental district regulations shall apply in the CF District.. (1) Medical Arts Overlay District: The following supplemental district regulations apply to the Medical Arts Overlay District, as defined in Section 4.5.18. (a) In addition to the uses listed in 4.4.21(B), the following uses are allowed as permitted uses: Institutional uses, such as: Non - residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (2) Historic Districts, Sites and Buildings: Properties located within a Historic District or Individuall,rLDesignated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(El(81. Section 9. That Article 4.4, `Base Zoning District ", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit shall be allowed upon application to, and approval by, the Chief Building Official. (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board, or the Director of Planning and Zoning or designee, as applicable, through the issuance of a Certificate of Appropriateness. 25 Ord No. 01 -12 (3) For new development, or a change in use which results in the requirement to provide additional parking, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (F), (I�, and T. (4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to action by the Planning and Zoning Board, the conditional use request must be reviewed by the Historic Preservation Board with a recommendation forwarded to the Planning and Zoning Board. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4x) (4): (a) Lots 1- 7 and 19 -24, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District; (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, die maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential -type inn developments, shall be permitted tom connect adjacent on -site buildings using all - weather. covered walkways, that are constructed of not less than seventy percent (70 %) vertical transparent glass or similar material Said yvalkways shall be on the ground floor only shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies or accessory use facilities permitted herein. r - less thftft 70%, vetfieal a...,, using ._1 .. .....;1 1 C '.7 11 shall „ 1-. y ni Y ^1 V t t__ b /, 1_ n r -_tt be laeated y elaser thftfi 15 feet &ain t fratit i lilt z f ,and wsay be joitted to > lobbies, or fteeess&q ese &eilities pern-Atted . 26 Ord No. 01 -12 C) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(1-1)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencing. (4) Paddng Requirements: (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non - residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. (5) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant. to Section 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. 27 Ord No. 01 -12 (6) When the parking requirements of Seet on 4.44(G are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (7) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1). shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). Section 10. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (B), "Criteria for Designation of Historic Sites or Districts ", (C), "Designation Procedures ", (D), "Review and Approval Procedures" and( E), "Development Standards" of the Land Development Regulations of the City of Delray Beach shall hereby be amended to read as follows: Section 4.5.11 li Pr-eservatieft cite" and Dis"' Historic Preservation: Designated Districts, Sites and Buildings. (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13 -87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Historic Designation of Histegie S ��rDistricts. Sites and Buildings: (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; 28 Ord No. 01 -12 (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3) (b) and (3) (d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Designettiett Procedures for Historic Designation: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. 29 Ord No. 01 -12 (a) Nominations for historic site status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; er (2) The City Commission. –; X31 The property owner( (3) The Board shall eonduera A preliminary evaluation of the information provided on each nomination application shall be conducted by the Historic Preservation Planner to determine if it generally conforms with historic status criteria. The Bao±d sh2zU 4ien prepare ft A designation report shall then be prepared wluch shall contains the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) $Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, and minimum lot size; (c) Analysis of the historic significance and character of the nominated property; and (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. (4) A public hearing before the HPB shall beset and: IN notice of said hearing shall be made to the ownet�s of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) After conducting the public hearing, if the Historic Preservation Board filtdS that the IiE)ffiiftftti6ift f ini the proper deli a ati H eriterift ftnd " praeedu±es t been f ii a a it. shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to tftfisrnit the approve the designation. . The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures„ exeept that at least ° ffi°' v GOWATtissiall ftppmeeval shall —Ii r !r fftaiatity 30 Ord No. 01 -12 (6) A €ter-eanduet-ing the- peblie h if a e l list e -Pr-eservfttien Board c+ that ,.t (7) The Board will issue an official "certificate of historic significance" to +he owner of owners of properties listed which are individually designated or classified as contributing to a historic district listed on the Local Register of Historic Places as identified in Section 4.5.1(1). (D) Development Review and Approval Procedures: Distoriet or desigaffted as- t Histetie- Site !me­development -or-der shf& be issided without &S.. obt , . g Pursuant to Section 2.4.6(H. approval of a Certificate of Appropriateness (COAL must be obtained from the Historic Preservation Board prior to the exterior improvement of any property. building, or structure located within a Historic District or Individually Designated Site. as listed on the Local Register of Historic Places in Section 4.5.1 (1) The COA process may occur concurrently with the processing of any additional reviews required for any such improvement of development. (E) Development Standards: All new development or exterior improvements wi on individually designated historic properties and /or properties located within historic districts, whether L _. trib.- ' ig fesidewift! at ftattr-esiden6al, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regtdfffierx9, the Delray Beach Historic Preservation Design Guidelines, *PA the Secretary of the Interior's Standards for Rehabilitation. and the Development Standards of this Section. Relief from Subsections (1 ) through below may be granted b� seeking a waiver aoprovable by the Historic Preservation Board, unless otherwise stated. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following. (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development_ For the purposes of this section, major and minor development standards shall be applied as noted in the following table: 31 Ord No. 01 -12 Review Type by Use and Zoning District Zoning District Use New Construction Modification of Contribut' Structures Modification of Non - Contributiny Structures Under 25% Over 25 % Under 25% Over 25% Multi-Farnily liinor Minor Minor Minor Minor CBD & CF Non - Residential Minor Minor Minor Minor Minor R -1 -A, R -1- AA, RO, Single Fanvl /Du lex Major Minor Major Minor Major OSSHAD, multi -Famil Major Minor Major Minor Major RI., & RM, Non - Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered- 1 . New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to GBP design guidelilies Development Standards of Section 4.4.134; or, 2. The construction, reconstruction, or alteration of a building in excess of twenty -five percent (25 9/6) of the existing floor area , and all appurtenances, except for properties zoned CBD, er CF, epees or OSSHAD, subject to GBD design gtAdelines Development Standards of Section 4.4.13(Fl. For the purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non - residential structure and all appurtenances, except for properties zoned CBD, er CF, ftftd piaperfies zaited or OSSHAD, subject to G-BD design guidelines Development Standards of Section 4.4.134Fl. For purposes-af d-tis seefiati, r i date orte r r .• '' t 20 no � �b u (c) Minor development shall be considered: 32 Ord No. 01 -12 1. r New construction in all historic districts on property zoned CBD, attd -CF, as well as 2,11 prapetties ft the r OSSHAD wet subject to the Development Standards of Section 4.4.13(Q. or, rModifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD, awl -CF, as weR as all y -° u• u�c =r OSSHAD *aited distiie subject to the GBP desigft gttidehnes Development Standards of Section 4.4.134; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing noncontributing residential or non - residential structures and all appurtenances; Or, 4. The construction, reconstruction, or alteration of less than twenty -five percent (25 %) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: The provisions of Section 4.6.5 shall apply except as modified below: a. Chain -link fences are discouraged. When permitted chain -link fences shall be clad in a green or black vinyl and smell only be used in rear yards-,-a& where they are not visible from the a public right of wayetteet� even when screened by a hedge or other landscaping. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand -alone appearance. C. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. 33 Ord No. 01 -12 d Non historic and /or synthetic materials are discouraged nTticulaa when visible from a public right of way. e Decorative landscape features including but not limited to, arbors. berrro� lasand trellises shall not exceed a height of eight feet 8D within the front or side street setbacks. 2. Garages and Carports: t + t t u ar b t v publie right y Gftrftge dears shatild be designed to be eampfttible with the arehiteet-ar-2d l +1 a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of caMorts is discouraged When permitted. the enclosure of the carport should maintain the original details associated with the carport such as decorative posts, columns roof planes. and oilier features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors Metal two car garage doors are discouraged: however. if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building. (b) Parking: 1. kvAere feasible, its Sec -Betts - 4.6.9(0(8) attd4 er- 4.6 , 34 Ord No. 01 -12 rr r p$tltiftg. Parking lots areas shall strive to contribute to the historic nature of the properties /districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following optioxs criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from tie a public right -of -way with fencing, landscaping, or a combination of the two pttfsttant te Seetieft 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e.. Use appropriate materials for driveways, stieh fts eefiefete peured in ribballs. f, Avaid wide 44veveays - -' eire• lftr dfives. Driveway Me and design should convey the historic character of the district and the property. 2 Where feasible and appropriate alternative methods of meeting minimum parking standards contained in Sections 4 6 9(Q(8) and /or 4.6.9X). as applicable shall be explored to avoid excessive use of historic properties and /or 1roperties located in historic districts for parking. 3. In accordance with Section 4 6 9lF) (1) the Historic Preservation Board may reduce the narking requirement when upon receipt and special documentation it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. 35 Ord No. 01 -12 (6) Relocation. (a) Relocation of a historic buildings xft&or structures, whether contributing, non - contributing, or individually designated, to other another sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. it is shown that preservation on their existing or original site would cause undue- economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 2. a building permit has been issued for the Historic Preservation Board approved redevelopment. (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. () Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(1,'. Demolition of any structure, whether contributing or non- contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a) -(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 36 Ord No. 01 -12 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requitement. 2. First Floor Maximum Height: Single -stoZE or first floor limits shall be established by: i.a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14�- ii.-b. Mean Roof Height shall not exceed eighteen feet (18�. Ri7c. If Aany portion of the building ew-eeding exceeds the dimensions described in i. aftel ii, a. and b. above,, the building shall be considered a multi -story structures. id. See illustration below: Sections tea:, a., b., and c. above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height4a: Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing 37 Ord No. 01 -12 historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and /or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and /or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (609/6) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. 38 Ord No. 01 -12 b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40 % = 40'- 15' side yard setbacks = 25'}. C. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50 %) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50 %) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25). b. Any part or parts of the side facades may be used to meet this requirement. C. See illustration below: d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and /or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 39 Ord No. 01 -12 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building not replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following: (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and (b) Front Elevation: Up to twenty five percent (25 %) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35�, provided twenty five percent (25 %) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18� along the front elevation(s). See illustration below. Section 11. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (1), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness ", Q), "Historic Preservation Board to Act on Variance Requests ", (Iq, "Designation of Historic Sites ", (L), "Designation of Historic Districts ", (1V1), "Tax Exemption for Historic Properties ", (N), "Criteria for Change of Historic Designation and /or Classification", and (0), "Procedures for Change of Historic Designation and /or Classification ", shall be repealed in their entirety and new Subsections (1), Local Register of Historic Places ", Q), "Tax Exemption for Historic Properties ", (1q, "Criteria for Change of Historic Designation and /or Classification ", (L), "Procedures for Change of Historic Designation and /or Classification ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be enacted to read as follows: 40 Ord No. 01 -12 (1) Local Register of Historic Places: The following_ Historic Districts Sites and /or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots_ 2 -19 of Nassau Park, as recorded in Plat Book 16 page 67 of Palm Beach County. Florida: Lots 1 -12 of Wheatley Subdivision_ as recorded in Plat Book 16 Page 98 of Palm Beach County Florida, Block E. Lot 4 and Block F. Lot 1 of john B Reid's Village as recorded in Plat Book 21 Page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12.198W (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one -half of Block 57 and Blocks 58 -62 Blocks 65 -70, the west half of Blocks 74 and 75 and Lots 1 -6 of Block 76, Town of Linton Plat as recorded in Plat Book 1 Page 3 Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9. 1988). (3) DEL IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A B and C DEL-IDA PARK according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) L41 SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1. Block 84. Delray Beach Palm Beach County. (Original designation by Ordinance 102 -88 August 23, 1988, Note: In 1991 the structure was relocated outside of the City of Delray Beach.) (5) HISTORIC DEPOT SQUARE located on a Parcel of land lying in Section 18, TownsliiP 46 South Range 43 East City of Delray Beach Original designation by Ordinance 119 -88 October 11. 19881 MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66. inclusive and Lots 83 to 93 inclusive Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County Florida). with Lots A D E and F. Riker Square, according to the Plat thereof recorded in Plat Book 18 Page 74 of the Public Records of Palm Beach County. Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060 Page 369 of the Public records of Palm Beach County, Florida. said Condominium being located within Lots B and C Riker Square, according to the Plat thereof, recorded in Plat Book 18 Page 74 of the Public Records of Palm Beach County. Florida, with Lot 1 and Lots 5 to 12, inclusive Resubdivision of Block 118 Town of Linton n /k /a Delray Beach. according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County. Florida• Together with all of Sloan Hammock Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271 Page 258 of the Public records of Palm Beach County. Florida. said Condominium being located within Lots 2 3 and 4 Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof recorded in Plat Book 2 Page 8 of the Public Records of Palm Beach County. Florida: Together with Lots 1 to 7, inclusive and Lots 13 to 24 inclusive, Resubdivision of Block 126. Town of Linton n /k /a Delray Beach according to the Plat thereof recorded in Plat Book 11 Page 4 of the Public Records of 41 Ord No. 01 -12 Palm Beach County. Florida. with the South 50 feet of the North 176 feet of the West 165 feet of Block 126 Town of Linton n /k /a Delray Beach according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. with Lots 1 to 8 inclusive. and Tracts A and B. Marine Bay, according to the Plat thereof recorded in Plat Book 89. Page 162 of the Public Records of Palm Beach County. Florida. Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k /a Delray Beach according to the Plat thereof, recorded in Plat Book 1 Page 3 of the Public Records of Palm Beach County. Florida; Together with Lots 13 to 24 inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R /WS, Gracey -Byrd Subdivision, according to the Plat thereof. as recorded in Plat Book 10 Page 52 of the Public Records of Palm Beach County, Florida. with Lots A to E, inclusive, The Moorings according to the Plat thereof as recorded in Plat Book 20. Page 27 of the Public Records of Palm Beach County, Florida. with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue RM. Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1 Page 3 of the Public Records of Palm Beach County Florida, together with Lots 1 and 2 Stone Hedge according to the Plat thereof as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach Count_,_ Florida, with Lots 23 and 24, and the East 8 feet of abandoned alleylying west of and adjacent thereto Block 120, Blank- Nichols Subdivision according to the Plat thereof, as recorded in Plat Book 13 Page 28 of the Public Records of Palm Beach County. Florida; Together with Lots 1 to 3 inclusive, and the North 20 feet of Lot 4 Block 128 Blank- Nichols Subdivision. according to the Plat thereof, as recorded in Plat Book 13 Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156 -88 adopted on December 20 1988; Amended by Ordinance 38 -07. February 2 2008, by Ordinance 10 -09, March 17, 29091 (1 THE KOCH HOUSE 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D Delray Beach Palm Beach County. Original Designer by Ordinance 162 -88 January 10. 1989.) (8) SITE OF SCHOOL NO 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue Original designation by Ordinance 16 -89. April 11. 19891 (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7 Block 28 Delray Beach Original designation by Ordinance 17 -89, Apri111,19891 (10) ST PAUL AFRICAN METHODIST EPISCOPAL CHURCH. 119 N.W. 5th Avenue. located on Lot 5 Block 27 Delray Beach (Original designation by Ordinance 18 -89, April 11, 19891 (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275 85 N.W. 5th Avenue, located on Lot 1, Block 28 Delray Beach (Original designation by Ordinance 19 -89. April 11, 1989 (12) ST MATTHEW EPISCOPAL CHURCH 404 S.W. 3rd Street, located on Lot 1. Block 32, Delray Beach (Original designation by Ordinance 20 -89. April 11. 19891 (13) FONTAINE FOX HOUSE 610 N Ocean Boulevard located on the South Half of Lot 4 lying West of State Road A1A (less the West 435.5 feet thereof, less the West 25 feet thereof for road Right - 42 Ord No. 01 -12 of way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road A1A (less the West 25 feet thereof for road Right- of-wa4, and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right of wayj (le Ri ht -of -way of State Road AlA, missing from original description) of Block E Revised Plat of Blocks D and E Palm Beach Shore Acres Delray Beach Palm Beach County. Florida as Recorded in Plat Book 7 Page 38 of the Public Records of Palm Beach County. Florida. And that part of the South 10 feet of Lot 3 lying East of the Right -of -way of State Road A1A. (Original designation by Ordinance 70 -89 October 24 1989• Amended by Ordinance 43 -11, December 6.2011.) (14) THE SCOTT HOUSE 19 Andrews Avenue located on the North 50 feet of the West 110 feet of the South 100 feet less the West 10 feet of the Beach Lot 15 Subdivision of the Fractional East Half of Section 16 TownshW 46 South, Range 43 East, Delray Beach Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22_ 19901: (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18 Alley South of Lot 18 East 25 feet of Lot 21 and Lots 22, 23, 24 and 25. Inclusive, Block 108 And Lots 5 6 and 7 Less 5 foot Road R /W, Block 108, Town of Delray, vaith the designation pertaining to the buildings only and not the grounds Original desia ation bar Ordinance 22 -91, March 26, 1991 (16) MILTON -MYERS POST NO 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N E 5th Avenue, located on Lots 5, 14 and 15, Block 106 Delray Beach, formerly Town of Linton Palm Beach County Florida Original designation by Ordinance 68 -94, October 18. 1994.) (17) SOLOMON D SPADY HOUSE 170 N.W. 5th Avenue located on Lots 5, 6 and the north 26.25 feet of Lot 7 Block 19 Delray Beach formerly Town of Linton. Palm Beach County, Florida. (Original designation by Ordinance 08 -95, February 7, 1995.1 (18) THE SUSAN WILLIAMS HOUSE located at 154 N.W. 5`" Avenue, Delray Beach, Florida: more particulafly described as follows: south 12 feet of Lot 7 and Lot 8 Melvin S. Burd Subdivision as recorded in Plat Book 11 Page 73 of the Public Records of Palm Beach County. Florida (154 N.W. 5h Avenue) (Original designation by Ordinance 09 -95 February 7 1995: amended by Ordinance 29 -02. Tuly 16. 2002. (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach £ ormerly Town of Linton Palm Beach County. Florida (Original designation by Ordinance 27 -95 June 6 1995. (20) THE HISTORIC BUNGALOW 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60 Delray Beach formerly Town of Linton Palm Beach County, Florida. (Original designation by Ordinance 28 -95. June 6. 1995.1 43 Ord No. 01 -12 L21) THE BLANK HOUSE 85 S.E. 6th Avenue located on Lots 12. 13. and 14, Block 117, Delray Beach formerly Town of Linton Palm Beach County. Florida. (Original designation by Ordinance 29 -95, June 6 1995. L22) THE SANDOWAY HOUSE 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24 less the West 355 feet as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County. Florida (Original designation by Ordinance 57 -96. December 3. 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, jr. Boulevard (N .W. 2nd Street) The eastern boundary is as follows: the alley running north and south in Block 43• N W 3rd Avenue between N W 1st Street and the east -west alley of Block 36. The southern boundary is N W 1st Street between N W 3rd Avenue and the allev in Block 43: the east -west alley in Block 36 and Block 28 and the south property line of Lot 13 Block 20. The western boundary is the north -south allev and the eastern one -half (1 /2) of the block south of the alley of Block 19, the north -south alley in the north half of Block 20 (Ori,ginal designation by Ordinance 6 -97. February 18, 1997, Amended by Ordinance 38 -07, Februaa 55.2098). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a Portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida: more particularly described as the East '/z of Lot 12, Section 8- 46 -43. Delray Beach, Palm Beach County, Florida The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26 -97, July 1. 1997.) (25) THE TURNER HOUSE located at 145 N.E. 6th Avenue, Delray Beach. Florida: more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W of Block 115 as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida (Original designadon by Ordinance 46 -97. November 18. 1997.1 (26) THE PRICE HOUSE located at 1109 Sea Spray Avenue, Delray Beach. Florida: more particularly described as Lot 11 Sea Spray Estates as recorded in Plat Book 21 at Page 15 of the Public Records of Pahn Beach County Florida (Original designation by Ordinance 12 -98 March 3.1998-.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH located at 36 Bronson Street. Delray Beach Florida, more particularly described as Lots 16 17 18 and 19, Block 3 Ocean Park Subdivision. as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida Original designation by Ordinance 46 -99 November 16 1, 999.) ,(28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18 -00, August 15, 2000) 44 Ord No. 01 -12 (29) THE GEORGE BUSH BOULEVARD BRIDGE, formetly known as the N.E. 8" Street Bridge (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach Palm Beach County, Florida riginal designation by Ordinance 19 -00. August 15, 2000. (30) THE WATER HOUSE located at 916 and 918 Northeast 5"' Street, Delray Beach. Florida: more Particularly described as the West 84.82 feet of Lot 37 Las Palmas, Delray Beach. Florida. according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida, in Plat Book 10 at Page 68 (Original designation by Ordinance 15 -01, February 20.2001.1 ,(31) THE O'NEAL HOUSE located at 910 N.E. 2nd Avenue, Delray Beach, Florida. inore Particularly described as follows: Lots 1 2 3 28 and 29 Block 10 Dell Park Delray Beach, Palm Beach Count, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County. Florida. (Original designation by Ordinance 27 -02. July 16, 2002. (32) THE AMELUNG HOUSE located at 102 NE 120' Street, Delray Beach. Florida. more Particularly described as follows: Lot 9 Block 6 Dell Park according to the Plat recorded in Plat Book 8, Page 56 recorded in the Public Records of Palm Beach County Florida. said land situate, lying and being in Palm Beach County, Florida Original designation by Ordinance 25 -03, August 19, 2003.) (33) THE DEWITT ESTATE. located at 1110 North Swinton Avenue. Delray Beach. Florida. more particularly described as the East 365.69 feet of Lot 8 Mess the West 40.00 feet of the South 20.00 feet of said East 365.6 feet of Lot 8) Subdivision of South half of East half of Lot 8. Section 8. Township 46 South, Range 43 East according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County. Florida (Original designation by Ordinance 71 -04. January 4. 2005.) (34) THE HARTMAN HOUSE located at 302 N.E. 76' Avenue, Delray Beach, Florida, more Particularly described as follows: Lots 13 and 14 Block 113, ighland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26 -05, May 3. 2005.) (35) THE SEWELL C BIGGS HOUSE located at 212 Seabreeze Avenue, Delray Beach, Florida, more Particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade. according to the plat thereof, as recorded in Plat Book 18 Page 39. Public Records of Palm Beach County. Florida (Original designation by Ordinance 50 -05, July 19, 2, 0051 (36) THE HARVEL HOUSE, located at 182 NW 5t' Avenue, Delray Beach. Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1. Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11 Page 73 of the Public Records of Palm Beach County. Florida Or nal designation by Ordinance 16 -10, July 20, 20101 (n Tax Exemption for Historic Properties: A tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated Properties, as listed 45 Ord No. 01 -12 in Section 4.5.1 (1). uali6dng2roperties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (100%) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the quali fg property made on or after the effective date of the original passing of Ordinance 50 -96 on November 19. 1996. (1-) The exemption does not apply to: (a) Taxes levied for payment of bonds: (13) Taxes authorized by a vote of the electors pursuant to Section 9061 or Section 12, Article 7 of the Florida Constitution: or Q Personal property. (2) Duration of Tax Exemption: The exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. (3) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final implication and resolution of the City Commission as approved have been transmitted to the Palm Beach County Property Appraiser. Qualifying Properties: Real property located within the City qualifies for the Historic Property Tax Exemption if, at the time the exemption is approved by the City Commission the property: (a is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended: or, fib) is a contributing property within a district listed on the National Register of Historic Places or, (mil is a contributing property within a locally designated historic district or is individually designated and listed on the Local Register of Historic Places: and, has been certified by the Historic Preservation Board as satisfying (a�(b , or (c). 46 Ord No. 01 -12 Qualifying Improvements• Improvements to a qualifying property for an exemption, the improveinent must: (a; be consistent with the United States Secretary of the Interiors Standards for La) Rehabilitation, as amended: and (bl be a constructed and /or installed improvement as approved by the Histori c Preservation Board and as established in rules adopted by the Department of State. Division of Historical Resources FAC 1A -38 as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include. but are not limited to: modifications. repairs, or additions to the principal contributing building and its associated accessory structures li e a garage cabana guess t cottage storage /utility. structures. swimming pools), whether existing or new. The exemption does not apply to improvements made to non - contributing principal buildings existing non- contributing accessory structures -. or undesignnated structures and /or properties; and. Uc be consistent with Section 4.5.1(E). "Development Standards ", of the City's Land Development Regulations; and �dl include as part of the overall project visible improvements to the exterior of the structure. Evaluation of Property Used for Government or Nonprofit Purposes: (a1 For purposes of the exemption under Section 196 1998 Florida Statutes. a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent 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 Section 617.0301, Florida Statutes. (b) For 1umoses of the exemption under Section 196.1998. Florida Statutes. a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a 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. (7l Application for Exemption: AM property owner or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. 47 Ord No. 01 -12 The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure and Project completion date as determined by the Certificate of Occupancy issued by the Building Department. b The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the Property a new propel' survey illustrating the improvements a copv of the building permit application indicating estimated project cost a copy of the Certificate of Occupancy /Final Inspection: and photographs illustrating_ the before and after of each improvement, including both the interior, exterior and all new construction The photographs shall be identified with a date and description indicating the impact of the improvement. The application must be submitted within three � months from the date of issuance of a Certificate of Occupancy. ,(4 The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the al2l2roved and the review standards contained in Section 4 5 1(El the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4 5 1(E. the applicant shall be advised that the request has been denied. (8) Historic Preservation Exemption Covenant: ,(a) To qualify for an exemption the applicant must sign and return the Historic Preservation Exemption Covenant The covenant as established by the Department of State, Division of Historical Resources shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall 48 Ord No. 01 -12 require the character of the property and qualifying improvements to be maintained during the period that the exemption is authorized. �b On or before the effective date of the exemption the owner of the property shall have the covenant recorded in the official records of Palm Beach County. Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner 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 property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or areement was in effect had the property not received the exemption and the total amount of taxes actually. paid in those years plus interest on the difference calculated as provided in Sec. 212.12(3; Florida Statutes. (2 Notice of ApWoval to the Property Appraiser: (l Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner. the Planner shall transmit a copy of the approved Final Application /Request for Review of Completed Work_ the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b1 The resolution Q12rz oving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested Therefore the Final Application /Request for Review of Completed Work must be submitted no later than November 1" of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals If the Final Application /Request for Review of Completed Work is not submitted by November 1" of the year the work was completed_ the abatement will not take effect until the following year of the date of submittal. (101 Revocation Proceedings: (a) The Historic Preservation 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, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing and snake a recommendation to the City Commission. 49 Ord No. 01 -12 Qc The C4 Commission shall review the recommendation of the Historic Preservation 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 of12enaldes as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Progeny AMraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. (Kl Criteria for Change of Historic Designation and /or Classification: (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and /or classification of properties located within or immediately adjacent to a designated historic district. (a) Change of Historic Designation through Removal from a Historic District: If a survey report reveals that a part of a historic district that touches the edge of the boundary of the historic district at the time of the original designation of that district has had its historic integrity irreversibly compromised due to inappropriate development then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). 1 If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually desiMate their property pursuant to LDR Sections 4.5.14 and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(hi) as a contributing structure within a historic district but does not qualify for individual designation then the part of the district seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1 (4 (31. (bl Criteria for Change of Historic Classification: If a City - initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non - contributing then the classification may be revised in accordance with LDR Section 4.5.1 (0) and shall be determined as follows: 1 The survey rWort recommends the inclusion of an additional "Period of Significance ", which would reclassify properties from non - contributing to contributing. -: or 2. The survey report recommends that a propegy or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic 50 Ord No. 01 -12 integrity of the structure which would reclassify the structure from contributing to non- contributing. (c) Change of Historic Designation through Expansion of a Historic District: The boundaries of a historic district may be expanded based upon the recommendation of a survey report to include those properties recommended for inclusion within the district in accordance with LDR Section 4.5.1 (0�or a new historic district may be created to include those identified properties in accordance with LDR Section 4.5.1(C). Procedures for Change of Historic Designation and /or Classification. (1) Procedures for Change of Historic Designation through Removal from or Expansion of a Historic District Applications shall be made to the historic Preservation Board and may be initiated by written request of_ (a� The Historic Preservation Board based =on the reconunendadons of a survey report completed within five (5) years prior to the application: or (b) The City Commission based upon the recommendations of a survey retiort com leted within five (5) years prior to the application; or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City initiated survey completed within twelve (12) months or less prior to application. implications submitted by property owners shall include: 1 photographs and addresses of all properties that will be either removed from or added to the historic district; and 2. sigriatures of at least seven -five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. (d) For the purposes of this section completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or Ws /her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4 51 x(11 The Planning and Zoning Director or his /her designee shall then prepare a report which shall contain the following: 1 Proposed revised legal boundaries of the historic district. 2 Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 51 Ord No. 01 -12 3 A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (f) A ublic hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(sj of all properties within the subject historic district and the owner(s of all properties within five hundred feet (500'1 of the affected properties at least ten (.101 days prior to the hearing byreg filar mail Additional notice shall be given in the same manner as provided for a rezoning action Lsee Section 2.4.2a(1)(b)1 and by notice published in the newspaper at least ten (10) days prior to the hearing, provided: however, posting pursuant to 2.4.2ffl) (1) (b) is not required. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may initiated by written request of: (ajL The Historic Preservation Board based upon the recommendations of a City- initiated survey report completed within five (5) years prior to the application: or �blThe Cijy Commission based upon the recommendations of a City - initiated survey report completed within five (5) years prior to the application: or (cj Any owner( of a property to be reclassified based upon the recommendation of a City- initiated survey report completed within twelve (12) months prior to the application. Applications submitted by propern, owners shall include: 1 1hotogtaphs and addresses of all properties that will be reclassified as contributing or noncontributing: and 2 signatures of at least seventy -five percent (75 %) of the owners whose properties are to be reclassified. (d) Fot the purposes of this section completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his /her designee Shall conduct a preliminary evaluation of the information12rovided on each application to determine if it generally conforms with criteria in LDR Section 4 5 1(111(1) The PLgnning and Zoning Director or his /her designee shall then prepare a report which shall contain the following: 52 Ord No. 01 -12 i. Analysis of the properties to be reclassified. and I A staff recommendation as to whether or not the properties should be reclassified due to either: 1. loss of historic integrity as a result of irreversible alterations to a contributing property: or 2. inclusion of an additional "Period of Significance" per the survey report recommendations. (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district at least ten (10) days prior to the hearing by regular mail. After conducting the public hearing, the Historic Preservation Board shall vote on the recommendation A majority of the entire Board present and voting must act in the affirmative to approve the application The decision of the Board whether the application is approved or denied shall then be transmitted to the City Commission The City CCommission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district seeking a change of historic designation and /or classification objects. the City Commission approval shall require a super majority vote of four (4- votes. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 14. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2012. ATTEST: City Clerk MAYOR 53 Ord No. 01 -12 First Reading Second Reading 54 Ord No. 01 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 1, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 01-12 Page l of 2 ITEM BEFORE COMMISSION The item before the City Commission is consideration of a City- initiated text amendment to the Land Development Regulations pertaining to historic preservation matters regarding Board responsibilities and clarification of review criteria. BACKGROUND The primary intent of the LDR Amendments contained within Ordinance 01 -12 is to provide clarification and reorganization of existing language in the LDRs. The affected sections include: • Section 2.2.6, Historic Preservation Board: Clarification and /or reorganization of existing language. • Section 2.4.7(A), Variances: Clarification of procedures for HPB review of variances and provision of criteria utilized by the HPB. Criteria presently located within Section 4.5.1. • Article 4.4, Base Zoning District: Provision of language within each applicable zoning district stating that properties listed on the Local Register of Historic Places are also subject to Section 4.5.1. • Section 4.5.1(C) -(H), Historic Preservation Sites and Districts: Clarification and/or reorganization of existing language pertaining to historic designation procedures, development standards for historic properties, relocation of historic structures, and the Visual Compatibility Standards applied to proposed development. - Section 4.5.1(I), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Repeal of this Section with language appropriately relocated to Section 2.4.6(D). • Section 4.5.1(J), Historic Preservation Board to act on Variance Requests: Repeal of this Section with language appropriately relocated to Section 2.4.7(A). • Sections 4.5.1(K) -(L), Designation of Historic Sites, Designation of Historic Districts: Repeal of these Sections and creation of Section 4.5.1(I), Local Register of Historic Places which combines all properties historically designated either as a district or individually and listed in order of designation. • Section 4.5.1(M), Tax Exemption for Historic Properties: Repeal of this Section and creation of Section 4.5.1(7) through revision and clarification of existing language. http:// itwebapp/ Agendalnti-anet /Bluesheet.aspx ?ItemID =5 85 7 &MeetinglD=384 8/9/2012 Coversheet Page 2 of 2 • Section 4.5.1(N) -(0), Criteria for Change of Historic Designation and/or Clarification, Procedures for Change of Historic Designation and /or Clarification: Repeal of these Sections and creation of Section 4.5.1(K) -(L) through revision and clarification of existing language. All existing language has been provided in the attached Ordinance. Removed language has been struck through, and new language has been underlined. However, those Sections which have been repealed in their entirety are attached to this Report for reference [Sections 4.5.1 (1) — (0)]. Repealed language has been relocated to other LDR Sections. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 01 -12 at their May 16, 2012 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed Ordinance 01 -12 at their May 21, 2012 meeting and a recommendation of approval was made subject to three minor revisions to clarify "First Floor Maximum Height", garage door styles, and consideration of laypersons to fill seats reserved for professionals. These changes have been implemented in the attached Ordinance. RECOMMENDATION By motion, approve on first reading, Ordinance 01 -12, a City - initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on August 21, 2012. http:H itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5857 &MeetingID =384 8/9/2012 SECTION 4.5.1 (I) (I) Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places, subject to processing under Sections 2.4.5(1=),(G),(H), and (1) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. [Amd. Ord. 30 -08 09116/08] (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. [Amd. Ord. 12 -93 219193] (1) That a variance is necessary to maintain the historic character of properly through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. [Amd. Ord. 12 -93 219/93] (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. 4.6-20 a,- n0N 4.5.1 (J) (2) (c) (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. [Amd. Ord. 12 -93 219193] (3) The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustment when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. [Amd. Ord. 28 -08 815108]; [Amd. Ord. 12 -93 2191931 (K) Designation of Historic Sites: The following Historic Sites are hereby affirmed or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22, 1990). (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1 and 2, Ocean Apple Estates, and a portion of Ocean Apple Estates, Plat 11 described as the South 50 feet of Lots 1 and 2, and Lot 3. (Original Designation by Ordinance 70 -89, October 24, 1989; Amended by Ordinance 43 -11, December 6, 2011). (3) SITE OF SCHOOL NO.4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17 -89) (5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89) (6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19 -89) (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20 -89) 4.5-21 ECTION 4.5.1 (K) (8) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County [Amd. Ord. 29 -94 617194 (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88) (11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road RAN, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. [Amd. Ord. 22 -91 3126191] (12) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida_ [Amd. Ord. 68 -94 101181941. (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 8 -95 217195] (14) THE SUSAN WILLIAMS HOUSE, located at 154 N-W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). [Amd. Ord. 29 -02 7116102]; [Amd. Ord. 9 -95 2171951 (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 26 -95 6161951 (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 27 -95 616195] (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 28 -95 616195] 4.5-22 _CTION 4.5.1 (K) (18) (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 57 -96 1213196] (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East Mz of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in-the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. [Amd. Ord. 26- 97 711197] (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR RAM, Lots 6 & 7, less the West 5 feet SR RM, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46 -97 11/18/97 (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 12 -98 313198] (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46 -99 11116199] (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 18 -00 8115100] (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8t' Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 19 -00 8115100] (25) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. [Amd. Ord. 15 -01 2120101] !l 6-2 W491 ACTION 4.5.1 (K) (26) (26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 27 -02 7116102] (27) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. [Amd. Ord. 25 -03 81191031 (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 71 -04 114105] (29) THE HARTMAN HOUSE, located at 302 N.E_ 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 26 -05 5131051 (30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Amd. Ord. 50- 05 7/19/06] 4.5-24 SECTION 4.5.1 (L) (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) NASSAU STREET which consists of Lots 2 -19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida, Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12, 1988) [Amd. Ord. 38 -07 215108] (2) MARINA which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n /kIa Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n /k1a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n /k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street RAMS, Gracey -Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue RAN), Town of Linton n /k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of 4.5-25 ECTION 4.5.1 (L) (2) the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank - Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156 -88 adopted on December 20, 1988) [Amd. Ord. 10 -09 3117109]; [Amd. Ord. 38 -07 215/08] (3) DEL -IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the west half of Blocks 74 and 75, and Lots 1 -6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 1988). (5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east - west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1/2) of the block south of the alley of Block 19; the north - south alley in the north half of Block 20. [Amd. Ord. 38 -07 2151081; (Amd. Ord. 6 -97 2118197] 4.5-26 SECTION 4.5.1 (M) (M) Tax Exemption for Historic Properties: [Amd. Ord. 50 -96 11/191961 (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. [Amd. Ord. 10 -03 5120103]; [Amd. Ord, 50 -96 11119196] (2) The above exemption does not apply to: [Amd. Ord. 50 -96 11119196] (a) Taxes levied for payment of bonds; [Amd. Ord. 50 -96 11119196] (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50 -96 11119196] (c) Personal property. [Amd. Ord. 50 -96 11119196] (3) Duration of Tax Exemption: (Amd. Ord. 50 -96 11119/961 (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a .lesser term. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. [Amd. Ord. 50 -96 11/19/961 (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. [Amd. Ord. 50 -96 11119/961 4.5-27 ACTION 4.5,1 (M) (5) (5) Qualifying Properties and Improvements: [Amd. Ord. 50 -96 11119196] (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: [Amd. Ord. 50 -96 11119196] (i) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, [Amd. Ord. 50 -96 11119196] (ii) is a contributing property to a National Register- listed district; or, [Amd. Ord. 50 -96 11119/961 (iii) 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, [Amd. Ord. 50 -96 11119196] (iv) has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50 -96 11119196] (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: [Amd. Ord. 50 -96 11/191961 (i) be consistent with the United States Secretary of the interior's Standards for Rehabilitation, as amended; [Amd. Ord. 50 -96 11119196] (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage /utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non - contributing principal buildings or their non- contributing accessory structures. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119/96 4.5-28 SECT, A 4.5.1 (M) (5) (b) iii. (iii) be consistent with Section 4.5.1(E), "Development Standards ", of the City's Land Development Regulations; and [Amd. Ord. 50 -96 11119196] (iv) include, as part of the overall project, visible improvements to the exterior of the structure. [Amd. Ord. 50 -96 11119/96] (6) Evaluation of Property Used for Government or Nonprofit Purposes: [Amd. Ord. 50 -96 11119196] (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent 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 Section 617.0301, Florida Statutes. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a 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. [Amd. Ord. 50 -96 11119196] (7) Application for Exemption: [Arad. Ord. 50 -96 11119196] (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a Tax Exemption Application with the Planning and Zoning Department. The application shall be made on the two -part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the Construction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application /Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] 4.5-29 ECTION 4.5.1 (M) (8) (8) Part 1, Construction Application: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11/19196] (a) A Construction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is constructed. The Construction Application shall also contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Construction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) and is therefore eligible for review by the Historic Preservation Board. [Amd, Ord. 10 -03 5120103]; (9) Review of Construction Application by the Historic Preservation Board: [Amd. Ord. 10 -03 5/20103]; [Amd. Ord. 50 -96 11119196] (a) The Historic Preservation Board shall review the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review process simultaneously with the Part 1, Construction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. If Part I of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (i) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board. [Amd, Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11/19196] (ii) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] 4.5-30 ;TION 4.5.1 (M) (10) (10) Part 2, Final ApplicationlRequest for Review of Completed Work: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The Historic Preservation Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application /Request for Review of Completed Work as verified by the Historic Preservation Planner. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] (b) The Final Application /Request for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702 -704, canceled checks, copies of invoices, 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 documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 10- 03 5120103]; [Amd. Ord. 50 -96 111191961 (a) Any action taken by the Historic Preservation Board. is appealable to the City Commission pursuant to Section 2.4.7(E), "ppeals ". [Amd. Ord. 10 -03 51201031; fAmd. Ord. 50 -96 11119196] 4.5 - 31 TIOIN 4.5.1 (M) (12) (12) Approval by the City Commission: [Arad. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) Upon approval of a Final Application /Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] (13) Historic Preservation Exemption Covenant: [Amd. Ord. 10 -03 5/20/03]; [Amd. Ord. 50 -96 11/191961 (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application /Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50- 96 11/19196] (b) On or before the effective date of the exemption, the owner .of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. 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 property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (14) Completion of Work: [Amd. Ord.'10 -03 5120103]; [Arad. Ord. 50 -96 11119196] 4.5-32 SEC ON 4.5.1 (M) (14) (a) (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Construction Application by the Historic Preservation Board. A Construction 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 Construction Application. [Amd. Ord. 10 -03 51201033; [Amd. Ord. 50 -96 11119196] (b) The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. jAmd. Ord. 50 -96 111191961 (15) Notice of Approval to the Property Appraiser: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119/96] (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application /Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore, the Final Application /Request for Review of Completed Work must be submitted no later than November 1St of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals. If the Final Application /Request for Review of Completed Work is not submitted by November 1St of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 111191961 (16) Revocation Proceedings: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50- 96 11119196] (a) The Historic Preservation 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, conditions and standards of the Historic Preservation Exemption Covenant. [Amd. Ord. 50 -96 11119196] 4.5-33 SEC -)N 4.5.1 (M) (16) (b) (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119/96] (c) The City Commission shall review the recommendation of the Historic Preservation 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 revolted, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. [Amd. Ord. 50 -96 11119196] (d) 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 1st of the year following receipt of the notice of revocation. [Amd. Ord. 50 -96 11/19196] (N) Criteria for Change of Historic Designation and/or Classification: [New Section per Ord. 09 -08 9116108] (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and /or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4-5.1 (B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be 4.5-34 SECZ N 4.5.1 (N) (1) (a) 1. removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City - initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non - contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: The survey recommends the inclusion of an additional `Period of Significance ", which would reclassify properties from non -- contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non - contributing. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with LDR Section 4.5.1(0), or a new historic district may be created to incorporate those identified properties in accordance with LDR Section 4.5.1(C). (0) Procedures for Change of Historic Designation and/or Classification. [New Section per Ord. 09 -08 9/161081 (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5) years prior to the application; (b) The City Commission based upon the recommendations of a survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City - initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; 4.5-35 SECT N 4.5.1 (0) (1) (c) 2. 2. signatures of at least seventy -five percent (75 %) of the property owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City - initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City - initiated survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City - initiated survey completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy -five percent (75 %) of the owners whose properties are to be reclassified. (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 4.5-36 SECT - N 4.5.1 (©) (3) (a) 3. 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added o the historic district due to an increase in contributing structures adjacent to the district. (b) Change of Historic Classification. 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a public hearing shall be held. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided; however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district or within .five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section 4.5.2 Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of Ordinances. 4.5-37