109-88 ORDINANCE NO. 109-88
AN ORDINANCE OF ~ CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRES~I~VATION", OF TH~ CODE OP ORDINANCES
OF THE CITY OF DELF~Y BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVISIONS", SECTION 174.01, "PURPOSE",
SUBSECTION 174.01(A) ( 15 ) , TO PROVIDE A CORRECTED
REFERENCE TO THE FLORIDA STATUTE CONCERNING HISTORIC
SITES; BY AMENDING, "GENERAL PROVISIONS", SECTION
174.02, "DEFINITIONS", TO PROVIDE FOR A DEFINITION
OF "APPURTENANCES", AND "ARCHITECTUttAL FEATURES",
AND TO PROVIDE FOR TItE ALPHABETIC INCLUSION THEREOF,
AND TO AMEND THE DEFIN[TION OF "DEMOLITION", "LAND-
SCAPE FEATURE", AND "UNDUE ECONOMIC HARDSHIP"; BY
REPEALING "CRITERIA FOR HISTORIC SITE OR DISTRICT",
SECTION 174.10, "I~-?.%TIONSHIP OF ZONING DISTRICTS";
BY ENACTING A NEW SECTION 174.10, "DESIGNATION
CRITERIA", TO PROVIDE CRITERIA FOR THE DESIGNATION
OF HISTORIC SITES AND HISTORIC DISTRICTS"; BY
REPEALING "CRITEI~IA FOR HISTORIC DISTRICT", SECTION
174.12, "PRESERVATION STANDARDS"; BY REPEALING,
"CRITERIA FOR HISTORIC DISTRICT", SECTION 174.13,
"DEVELOPMENT STANDARDS"; BY AMENDING "DESIGNATION
PROCEDURES", SECTION 174.20, "NOMINATION", SUBSEC-
TIONS, 174.20 (A) , 174.20 (B) , AND SUBSECTION
174.20(B) (1) TO PROVIDE FOR THE NOMINATION OF
HISTORIC INTERIORS; BY REPEALING "DESIGNATION
PROCEDURES", SECTION 174.23, "LOCAL REGISTER OF
HI STORI CAL PLACES", SUBSECTION 174.23 (D) AND
SUBSECTION 174.23(E); BY REPEALING "CERTIFICATE OF
APPROPRIATENESS " SECTION 174 30, "BASIC REQUIRE-
MENT"; BY ENACTING A NEW SECTION 174.30, "BASIC
REQUIREMENTS", TO PROVIDE. FOR A REORGANIZATION OF
THE BASIC REQUI~S; BY RF. PEALING "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.31, "REVIEW GUIDE-
LINES"; BY ENACTING A NEW SECTION 174.31, "REVIEW
GUIDELINES"; TO PROVIDE FOR A REORGANIZATION OF THE
REVIEW GUIDELINES; BY AMENDING, "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.32, "INITIATION AND
PROCEDURES", SUBSECTIONS 174.32(A) (3) , 174.32(B) ,
174.32 ( D), AND 174.32 ( E), TO PROVIDE FOR APPROPRIATE
SUBMISSION TIMES OF APPLICATIONS AND ACTION BY THE
~OARD; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.33, "DEMOLITION"; BY ENACTING A
NEW SECTION 174.33, "DEMOLITION", TO PROVIDE FOR THE
REORGANIZATION OF SAID SECTION; BY AMENDING
"HISTORIC PRESERVATION BOARD", SECTION 174 · 40,
"CREATION; COMPOSITION", SUBSECTION 174.40 (B), TO
PROVIDE THAT MEMBERS OF' THE BOARD SHALL BE CITY
RESIDENTS AND/OR TO HAVE THEIR PRINCIPAL PLACE OF
BUSINESS IN THE CITY; BY AMENDING, "HISTORIC PRESER-
VATION BOARD", SECTION 174.40, "CREATION; COMPOSI-
TION", SUBSECTION 174.40 ( C), TO PROVIDE FOR
ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY;
BY REPEALING, "HISTORIC PRESERVATION BOARD", SECTION
174.43, "POWERS AND DUTIES", SUBSECTION 174.43(F);
BY ENACTING A NEW SUBSECTION 174.43(F), TO PROVIDE
THAT THE HISTOHIC PRESERVATION BOARD SHALL ACT IN
LIEU OF THE BOARD OF ADJUSTMENT; BY REPEALING,
"ADMINISTRATION AND ENFORCEMENT", SECTIONS 174.50,
"VARIANCES", 174.51, "AMENDES TO DESIGNATIONS",
174.52, "MAINTENANCE AND REPAIR", 174.53, "UNSAFe-
STRUCTURES, 174.54, "EMERGENCIES", 174.55, "INSPEC-
TIONS'', 174 · 56, "UNDUE ECONOMIC HARDSHIP"; BY
ENACTING, A NEW PROVISION, "ADMINISTRATION AND
ENFORCEM~.NT", SECTION 174 · 50, "EMERGENCIES", TO
PROVIDE FOR SPECIAL MEETINGS IN TH~ EVENT OF AN
EMERGENCY; BY ENACTING A NEW SECTION 174.51,
"INSPECTIONS", TO PROVIDE FOR INSPECTIONS BY APPRO-
PRIATE CITY DEPARTMENTS; BY ENACTING A'NEW SECTION
174.52, "BUILDING CODES ENFORCEMENT", TO PROVIDE
GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERNING
THE ENFORCEM~.NT OF STANDARD BUILDING CODES; BY
ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC
HARDSHIP", TO PROVIDE CLARIFICATION OF THE PROCESSES
USED TO DETERMINE UNDUE ECONOMIC HARDSHIP; BY
ENACTING A NEW SECTION 174.54, "VARIANCES", TO
PROVIDE GUIDELINES FOR THE GRANTING OF VARIANCES; BY
REPEALING, "ADMINISTRATION AND ENFORCEMENT", SECTION
174.99, "PENALTY"; BY ENACTING A NEW SECTION 174.99,
"PENALTY" TO PROVIDE CLARIFICATION OF THE JURISDIC-
TION OF THE CODE ENFORCEMENT BOARD TO HEAR VIOLA-
TIONS OF THIS CHAPTER: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida wishes to, by reorganizing the structure of the Historic Preser-
vation ordinance, clarify the duties and jurisdiction of the Historic
Preservation Board; and,
W/~KREAS, the City Commission of the City of Delray Beach,
Florida wishes to streamline other processes of the Historic Preserva-
tion Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.01, "Purpose", subsection
174.01(A)(15), of the Code of Ordinances of the City of Delray Beach, is
hereby amended, by amending subsection 174.01(A) (15), to read as
follows:
Sec. 174.01 Purpose
(A) The Commission has determined that:
(15) It is the will of the ' State Legislature, as
expressed in F.S. Chapter ~9 267, that the state's historic sites
and properties, buildings, artifacts, treasure troves, and objects
of antiquity, which have scientific or historical value, or are of
interest to the public, be protected and preserved.
2
ORD. NO. 109-88
Section 2. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by adding the definition of "Appurtenances", and "Archi-
tectural Features", and to provide for the alphabetic inclusion thereof,
as follows:
Sec. 174.02 Definitions
"Appurtenances". That which is an accessor]f to another
structure, including but not limited to stonewalls, fences,
light fixtures, steps, pawing, sidewalks, shutters, 'and signs.
"Architectural Features". Architectural features include, but
are not limited to the architectural style, style, mass,
siding, general design, and general arrangement of the ex-
terior of the building or structure, including the type, style
or color of roofs, windows, doors, and appurtenances. Archi-
tecture features will include interior architectural features
where the interior has been given historic designation under
the procedures listed in this chapter.
Section 3. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.02', "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending the definition of "Demolition", "Landscape
Feature", and "Undue Economic Hardship", to read as follows:
"Demolition". The act or process of wrecking, destroying, or
removing any building or structure, or any exterior or struc-
tural part thereof. The process of removing or destroying an
archeological site or a part thereof.
"Landscape Feature". Any improvement or vegetation including,
but not limited to: outbuildings, walls, courtyards, fences,
shrubbery, trees, sidewalks, planters, plantings, gates,
street furniture, and exterior lighting. Landscape features
also includes site improvements such as, but not limited to,
subsurface alterationst site regrading, fill deposition,
paving, and signs.
"Undue Economic Hardship". An exceptional financial burden
that might otherwise amount to the taking of property without
just compensation, or failure to achieve a reasonable economic
return ~ }~ -~he -ease -eS -~eeme-p~e~e~ -p~elseP~es? -~he
Section 4. That Chapter 174, "Historic Preservation", "Crite-
ria for Historic Site or District", Section 174.10, "Relationship of
Zoning Districts", of the Code of Ordinances of the City of Delray
Beach, Florida is hereby repealed in its entirety, and a new Sec.
174.10, "Designation Criteria" is hereby enacted, to read as follows:
3
ORD. NO. 109-88
Sc~:.-~74.10 Designation Criteria
(A) To qualify as a historic site or historic district 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 or historic
district, the property or properties must fulfill one or
more of the criteria set forth in subsection (B)(C)
below; to qualify as a historic interior the interior
must fulfill one or more of the criteria set forth in
subsection (B) and meet the criteria set forth in subsec-
tion (C)(2) and C(4).
(B) 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:
Is associated in a significant way with the life or
activities of a major person important in city,
state, or national history (i.e.., the homestead of a
local founding family);
(2) Is the site of a historic event with significant
effect upon the city, state, or nation;
(3) Is associated in a significant way with a major
historic event, whether cultural, economic, social,
militaz-f, or political;
(4) Exemplifies the historical, political, cultural,
economic, or social trends of the community in
history; or
(5) Is associated in a significant way with a past or
continuing institution which has contributed sub-
stantially to the life of the city.
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 subsection (C)(2) and
(C)(4):
Portrays the environment in an era of history
characterized by one or more distinctive architec-
!i tural styles;
Embodies those distinguishing characteristics of an
architectural style, period, or method of construc-
(3) Is a historic or outstanding work of a prominent
architect, designer, landscape architect, or
builder; or
4
ORD. NO. 109-88
(4) Contains elements of design, detail, material, or
craftsmanship of outstanding q~ality or which
represented, in its time, a significant innovation
or adaptation to the South Florida enviroranent.
(D) A building, struct~re, site, interior Or district will be
aeemed 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 devel-
opment standards as defined by and listed in the regula-
tions of and criteria for the National Register of
Historic Places, as prepared by the United States Depart-
ment 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 chapter as if
fully set forth herein.
Section 5. That Chapter 174, "Historic Preservation",
"Criteria for Historic District", Sec. 174.12, "Preservation Criteria",
of the Code of Ordinances of the City of Delra¥ Beach, Florida is
repealed in its entirety.
Section 6. That Chapter 174, "Historic Preservation",
"Criteria for Historic District", Section 174.1~, "Development Stan-
dards", of 'the Code of Ordinances of the City of Delray Beach, Florida
is hereby repealed in its entirety.
Section 7. That Chapter 174, "Historic Preservation, "Desig-
nation Procedures", Sec. 174.20, "Nomination", Subsections 174.20(A),
174.20(B) and 174.20(B)(1) of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended, by amending
Sections 174.20(A), 174.20(B) and 174.20(B)(1), to read as follows=
Sec. 174.20 Nomination
(A) Buildings, structures, archaeological sites, interiors or
districts which meet the criteria set forth in Section
174.10 through 174.23 may be designated as historic
sites, interiors or districts, and may be liste~ on the
Local Register of Historic Places.
(B) Nominations ~or historica½ site, historic interior or
historic district ~esignation shall be made to the
Historic Preservation Board on an application form
developed and approved by the Board and made available to
the person nominating the building, structure, site,
area, zone, or district.
(1) Nominations for historic site or historic interior
status may be initiated by:
(a) The Historic Preservation Board;
(b) The City Commission; or
(c) The property owner.
5
ORD. NO. 109-88
Section 8. That Chapter 174, "Historic Preservation", "Desig-
nation Procedures", Sec. 174.23, "Local Register of Historic Places", of
the Code of Ordinances of the City of Delray Beach, Florida, subsection
174.23(D) and subsection 174.23(E) is hereby repealed in its entirety.
Section 9. That Chapter 174, "Historic Preservation", "Cer-
tificate of Appropriateness", Sec. 174.30, "Basic Requirements" of the
Code of Ordinances of the City of Delray Beach, Florida is hereby
repealed in itg entirety and a new Sec. 174.30, "Basic Requirements" is
hereby enacted to read as follows:
Sec. 174.30 Basic Requirements,
(A) A certificate of appropriateness shall be required
for designated historic sites, designated historic
interiors and within designated historic districts.
(1) No building, structure, appurtenance, improve-
ment, or landscape feature, will be erected,
altered, restored, renovated, excavated,
relocated,, or demolished until a certificate of
appropriateness regarding any exterior archi-
tectural features (and interior architectural
features in the case of designated historic
interiors), landscape features, or site im-
'provements, has been approved under the proce-
dures in this chapter.
(2) A certificate of appropriateness shall also be
required for any material change in existing
walls, fences, sidewalks, and changes of color.
{B) Plan approval required. No certificate of appropri-
ateness will be approved unless the architectural
plans for such construction, reconstruction, reloca-
tion, alteration, excavation, restoration, renova-
tion, or demolition are approved by the Historic
Preservation Board.
(C) Relocation. Relocation of a building or structure
shall include, but not be limited to moving a
building or structure into or within any historic
district, and moving a historic building or struc-
ture within or out of the City or any historic
district.
(D) Certificate not required. A certificate of appro-
priateness will not be required for genera]., occa-
sional maintenance of any historic building, inter-
ior, structure, or site, or any building or struc-
ture within a historic district. General, occa-
sional maintenance shall include, but not be limited
to lawn and landscaping care and minor repairs that
restore or maintain the historic site or current
chazacter of the building or structure. General,
occasional maintenance shall not include any of the
6
ORD. NO. 109-88
activities described and defined in Sec. (A) through
(D) of this section. A certificate of appropriate-
ness will not be required for any interior altera-
tion (except for designated historic interiors),
construction, reconstruction, restoration, renova-
tion, or demolition. General, occasional mainte-
nance and repair shall also include any ordinary
maintenance which does not require a building permit
from the City.
Section 10. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Sec. 174.31, "Review Guidelines" of
the Code of Ordinances of the City of Delray Beach, Florida is hereby
repealed in ~ts entirety and a new Sec. 174.31, "Review Guidelines", is
hereby enacted as follows: '~
Sec. 174.31 Review Guidelines.
(A) The Historic Preservation Board will utilize the
most recent United States Secretary of the In-
terior's Standards for Historic Rehabilitation and
Guidelines for Rehabilitating Historic Buildings as
the standards by which applications for certificates
of appropriateness are to be evaluated. These
guidelines are intended to promote the maintenance,
restoration, economic viability, improvement in
economic values, and adaptive and new uses of the
property. It is also the intent to promote visually
compatible, contemporary designs that are harmonious
with the exterior architectural and landscape
features of adjacent, neighboring, or visually
related buildings, structures, sites, and
streetscapes.
(B) Applications for certificates of appropriateness
must be made on forms approved and provided by the
Board. Applications shall include required forms
and appropriate site plans, architectural drawings,
photographs, sketches, descriptions, renderings,
surveys, documents, or other information needed by
the Board to gain a clear ~nderstanding of the
applicants planned alteration, construction, recon-
struction, relocation, restoration, renovation, or
demolition.
(C) The guidelines for certificates of appropriateness
will be consistent and harmonious with the criteria
for designation defined and described in Section
174.10.
(D) The Board shall consider evidence of undue economic
hardship in its review of applications for Certifi-
cates of Appropriateness.
(E) Buildings, structures, and appurtenances shall only
be moved, reconstructed, altered, or maintained in
accordance with this chapter, in a manner that will
7
ORD. NO. 109-88
preserve the historic goal and architectu
character of the building, structure, site,
district.
(F) In considering proposals for alterations to
exterior of historic buildings and structures
for alterations to interiors of designated histo
interiors, and in applying development standards
designation criteria, the documented, origi
design of the building may be considered among ot
factors.
(G) Relocation of historic buildings and structures
other sites shall not take place until it is sh
that their preservation on their existing or~ o
ginal sites is not consistent with the purposes
~le chapter or would cause undue economic bards
to the property owner.
(H) Demolition of historic sites, archeological sit
or buildings, structures, improvements and appur
nances within historic districts will be regula
by the Historic Preservation Board in the man
prescribed in this chapter.
(I) The construction of new buildings or structures,
the relocation, alteration, reconstruction, or ma
repair or maintenance of a non-contributing building
or structure within a designated historic district,
and all improvements to buildings, structures,
landscape features, and appurtenances within a
designated historic district shall be visually
compatible, visual compatibility will be defined
terms of the following criteria:
(1) Height. The height of proposed' buildings
modifications shall be visually compatible
comparison or relation to the height of exi
ing structures and buildings.
{2) Front facade proportion. The front facade
each building or structure shall be visua
compatible with and in direct relationship
the width of the building and to the height
the front elevation of other adjacent
adjoining buildings within a historic distri
(3) Proportion of openings (windows and door
The openings of any buildings within a histo
district shall be visually compatible with
openings exemplified by the prevailing histo
architectural styles within the district.
relationship of the width of windows and do
to the height of windows and doors am
buildings within the district shall be visua
compatible.
8
ORD. NO. 109-88
(4) Rhyt?un of solids to voids: front facades. The
relationship of solids to voids in the front
facade of a building or structure will be
visually compatible with the front facades of
historic buildings or structures 'within the
district.
(5) Rhythm of buildings on streets. The relation-
ship of buildings to open space between them
and adjoining buildings shall be visually
compatible with the relationship between
historic sites, buildings, or structures within
a historic district.
(6) Rhythm of entrance and]or porch projections.
T~e relationship of entrances and porch projec-
tions to the sidewalks of a building shall be
visually compatible with the Drevalent archi-
tectural styles of entrances and porch projec-
tions on historic sites, buildings, and struc-
tures within a historic district.
(7) Relationship of materials, texture, and color.
The relation~hip of materials, texture, and
color of the facade of a building shall be
visually compatible with the predominant
materials used in the historic sites, build-
ings, and structures within a historic dis-
trict.
(8) Roof shapes. The roof shape of a building or
structure shall be visually compatible with the
roof shape of a historic site, building, or
structure within a historic district.
(9) Walls of continuity. Appearances of a building
or structure such as walls, wrought iron,
fences,-evergreen landscape masses, or building
facades, shall form cohesive walls of enclo-
sure along a street to insure visual compati.-
bility of the building to historic buildings,
structures, or sites to which it is visually
related.
{10) Scale of a building. The size of a building,
the building mass in relation to open spaces,
windows, door openings, balconies, and porches
shall be visually compatible with the building
size and and building mass of historic sites,
buildings, and structures within a historic
district.
(11) Directional expression of front.elevation. A
building shall be visually compatible with the
buildings, structures, and sites in its direc-
tional character, whether vertical, horizontal,
or non-directional.
9
ORD. NO. 109-88
{K) 'Visual compatibility standards will be further
d~scussed in greater detail in the Delra~ Beach
Preservation and Conservation Manual. Said Manual
will be developed as a guide to assist property
owners as they seek to nominate their properties for
designation as a historic site, historic interior,
or to designate an area within the City as a
historic district, as well as provide further visual
compatibility standards for certificates of appro-
priateness.
Section 11. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Section 174.32, "Initiation and
Procedure", of the Code of Ordinances of the City of Delray Beach,
Florida is hereby amended by amending subsections 174.32{A)~3),
174.32(B), 174.32(D) and 174.32(E) as follows:
174.32 Initiation and. Procedure.
A. The following departments and agencies of the City
shall notify the Historic Preservation Board of any
of the following activities that affect any desig-
nated historic site, or any building, structure, or
site within a designated historic district:
(3) Community Appearances ·Board. Any request or
application presented to the Community Appear-
ances Board, or any general proposal considered
by this Board, that affects any designated
historic site, ~ building, structure, or
archaeological site within a designated his-
toric district.
(B) An application for a Certificate of Appropriateness
must be filed
which -m~eh -&pD~ea%~e~ -~s -%e -~e-he&~. with the
Planning and Zoning Department by the first Friday
of the month. The a~p~ea~em applicant shall pay a
filing fee, the amount of which shall be determined
by the Board and approved by the Commission, and no
application will be accepted by the Board unless it
contains all required and pertinent information and
is accompanied by the required fee.
(D) The Historic Preservation Board will a~ take final
action upon the application within ~ee~ a reason-
able time, but in no event later than ninet~ (90)
6aJendar days of receipt of the applica%ion
~e-he~d-w~h~-~4-ea½emda~-days-a~e~-~he -~a~
mee~gT-prev~ded-~he-app}~ea~en-mee~s-~he-f~n~
=e~d~Feme~s -es -%e~e~ -~ -~h~s -seediest Nothing
herein will prohibit a continuation of a hearing on
an application which the applicant requests or to
which the applicant consents.
10
ORD. NO. 109-88
(E) The Board may advise the applicant and make recom-
mendations in regard to the appropriateness .of the
application.
Beard-se-cheeses-amd-~he-a~p}~ea~
spee~aA -mee~&~g -w~h~ -}4-days -e~ -~he -mee~&Hg -a~
wh~eh-~he-app}~ea~e~-was.-~rs~-eems~dered-~s-he~d=
app~&ea~e~ -~er -moro
Section 12. That Chapter 174, "Historic Preservation",
"Certificate", Section 174.33, "Demolition", of the Code of Ordinances
is hereby repealed in its entirety and a new section 174.33, "Demoli-
tion'' is hereby enacted as follows:
Section 174.33 Demolition.
(A) Request for Demolition by Property Owner.
(1) The Board upon a request for demolition by a
property owner, shall consider the following
guidelines in evaluating applications for a
Certificate of Appropriateness for demolition
of designated historic sites, historic
interiors, or buildings, structures, or
appurtenances within designated historic
districts;
(a) Whether the structure is of such interest
or quality that it would reasonably
fulfill criteria for designation for
listing on the national register.
(b) Whether the structure is of such design,
craftsmanship, or material that it could
be reproduced only with great, difficulty
and/or economically nonviable expense.
(c) Whether the structure is one of the last
remaining examples of its kind in the
designated historic district within the
city.
(d) %~nether retaining the structure would
promote the general welfare of the City by
providing an opportunity ~o study local
history, architecture and design, or by
developing an understanding of the impor-
tance and value of a particular culture
and heritage.
(e) Whether there are definite plans for
in~ediate reuse of the property if the
proposed demolition is carried out, and
what affect those plans will have on the
character of the surrounding area.
11
ORD. NO. 109-88
(2) No decision of the Board shall result in undue
economic hardship for the property owner. The
Board shall have authority to determine the
existence of such hardship in accordance with
the definition of undue economic hardship found
-in this chapter.
(3) The Board's refusal to grant a Certificate of
Appropriateness requested by a property owner
for the purpose of demolition will be supported
by a written statement describing the public
interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropri-
ateness, as requested by a property owner, for
demolition which may provide for a delayed
effective date. The effective date of the
Certificate will be determined by the Board
based on the relative significance of the
structure and the probable time required to
arrange a possible alternative to demolition.
The Board may delay the demolition of designat-
ed historic sites and contributing buildings
within historic districts for up to six months
while demolition of non-contributing buildings
within the historic district may be delayed for
up to three months.
(5) During the demolition delay period, the Board
may take such steps as it deems necessary to
preserve the structure concerned. Such steps
may include, but are not limited to, consulta-
tion with community groups, public agencies,
and interested citizens, recommendations for
acquisition of property by public or private
bodies, or agencies, and exploration of the
possibility of moving one or more structures or
other features.
(6) The Board may, with the consent of the property
owner, request that the owner at the owner's
expense, salvage and preserve specified classes
of building materials, architectural details
and ornaments, fixtures, and the like for reuse
in the restoration of the other historic
properties. The Board may, with the consent of
the property owner, request that the Delray
Beach Historical Society, or the owner, at the
owner ' s expense,
record the architectural
details for archival purposes prior to demoli-
tion. The recording may include, but shall not
be limited to photographs, documents and scaled
architectural drawings. At the Board's option,
and with the property owner's consent, the
Board or the Delray Beach Historical Society
may salvage and preserve building materials,
12
ORD. NO. 109-88
architectural details and ornaments, textures
and the like at their expense, respectively.
(B) Unsafe Structures. In the event the Chief Building
Official determines that any structure within a desig-
nated historic site or designated historic district is
unsafe pursuant to the applicable Code of Ordinances, the
Chief Building Official will immediately notify the Board
of his findings. Where appropriate and in accordance
with applicable ordinances, the Chief Building Official
will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments
and recommendations by the Board. However, the provi-
Sions contained within subsection 174.33(A) shall not
apply to the Chief Building Official's declaration that a
building is unsafe nor will the Chief Building Official
be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public
health and safety of the community. The Board may also
endeavor to negotiate with the owner and interested
parties, provided such actions do not interfere with
procedures in the applicable ordinances.
Section 13. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.40, "Creation; Composition",
of the Code of Ordinances of the City of Delray Beach, Florida is hereby
amended by amending subsection 174.40(B) and subsection 174.40(C) as
follows:
Sec. 174.40 Creation; Composition
(B) A Initially a five-member committee, whose member-
ship will include the Chairman of the Planning and
Zoning Board, the President of the Delray Beach
Historical Society, the Chairman of the Community
Redevelopment Agency (CRA), Chairman of the
Community Appearance Board, and one member selected
by the Commission, will nominate members of the
board to the Commission. All such nominees and all
future historic board members shall be residents of
the City and/or have theiF principal place of
business in the City; each nominee shall represent a
broad geographic area of the City.
(C) The committee will make nominations within 30 days
following the passage of this chapter. Thereafter,
after advertising the vacancy according to city
~ the
nem~na~e -new -Bea~ -members -er Preservation Board
shall recommend to the City Commission~ nominees to
fill vacancies as the need arises. The
boards nominations are subject to approval by the
City CommisSion.
Section 14. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.43, "Powers and Duties",
subsection 174.43(F); of the Code of Ordinances of the City of Delray
13
ORD. NO. 109-88
Beach, Florida is hereby repealed in its entirety, and a new subsection
174.43(F) is hereby enacted to read as follows=
(F) Act in lieu of Board of Adjustment. The Board is
empowered to grant variances for. properties
designated as historic sites, and for properties and
s~gns within designated ·historic districts.
Section 15. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", Sections 174.50, "Variances", 174.51,
"Amendments to Designations", 174.52, "Maintenance and Repair", 174.53,
"Unsafe Structures", 174.54, "Emergencies", 174.55, "Inspections", and
174 56, "Undue Economic Hardship" of the Code of Ordinances of the City'
of Delray Beach, Florida are hereby repealed in their entirety.
Section ~6. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", is hereby amended by enacting a new
section 174.50, "Emergencies", to read as follows=
Sec. 174.50 Emergencies.
For the purposes of remedying emergency conditions
determined to be imminently dangerous to life, health, or
property, nothing contained herein will prevent the making of
any temporary construction, reconstruction, demolition of
limited scope and effect, or other repairs to a historic
building or a building, structure, improvement, landscape
feature, or archeological site within a .desi. gnated historic
district. Such tempo=ary construction, reconstruction or
demolition of limited scope and effect will take place pur-
suant to permission granted by the Chief Building Official,and
provided that only such work as is reasonably necessary to
correct such conditions may be carried out. The owner of an
improvement damaged by fire or natural calamity will be
permitted to immediately stabilize the improvement and to
rehabilitate it later un, er the procedures required by this
chapter. The owner may request a special meeting of the
Historic Preservation Board to consider an application for a
certificate of appropriateness which would provide for repairs
of a more permanent nature.
Section 17. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.51, "Inspections", to read as follows=
Section 174.51 Inspections.
The Department of Development and .Inspection, the Engi-
neering Department, the Fire Department, and the Planning
Department will assist the Historic Preservation Board by
making any appropriate inspections to enforce this chapter.
The Chief Building Official is authorized to stop any work
attempted to be accomplished without or contrary to any
certificate of appropriateness required by this chapter. The
Chief Building official will endeavor to assure that any work
not in accordance with an issued certificate of appropriate-
14
ORD. NO. 10.9-88
ness will be voluntarily corrected by the property owner to
comply with any certificate of appropriateness.
Section 18. That Chapter 174, "Historic Preservation",
"Administration and .Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.52, "Building Co~es Enforcement", to read as follows:
Section 174.52 B~il.ding Codes Enforcement.
Structures, buildings, improvements, and appurtenances
listed individually on the local register or judged as con-
tributing to the character of a designated historic district
may be eligible to received modified enforcement of standard
building codes, as provided by Chapter 1, Section 101.6 of the
Standard Building Code adopted by reference in Section
150.015.
Section 19. That Chapter '174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.53, "Undue Economic Hardship", to read as follows:
Section 174.53 Undue Economic Hardship.
In any instance where there is a claim of undue hardship
as defined in this chapter, the property owner may submit to the His-
toric Preservation Board within a reasonable time prior to the meeting
of the Board the following documented information:
(A) For all property:
(1) The amount paid for the property, the date of
purchase, and the party from whom purchased;
(2) The assessed value of the land and improv.n~ents
thereon according to the two most recent
assessments;
(3) Real estate taxes for the previous two years-
(4) .Annual debt service or mortgage payments, if
any, for the previous two years.
(5) All appraisals, if any, obtained within the
previous two years by the owner or applicant in
connection with the purchase, financing, or
ownership of the property;
(6) Any listing of the property for sale or rent,
price asked, and offers received, if any; and
(7) Any consideration by the owner as to profitable
adaptive uses for the property, including but
not limited to possible fair market rents for
the property if it were rented or leased in its
current condition.
15 ORD. NO. 109-88
(B) For income property (actual or potential):
(1) The annual gross income from the proper~y for
the previous two years, if any~
(2) The annual cash flow, if any, for the previous
two years~ and
(3) The status of leases, rentals, or sales for the
previous two years.
(C) An applicant may submit and the board may require
that an applicant furnish additional information
relevant to the Board's determination of any alleged
undue economic hardship. The Board may also re-
quire, in appropriate circumstances, that informa-
tion be furnished under oath.
(D) In the event that any of the required information is
not reasonably available to the property owner and
cannot be obtained by the property owner, the
property owner shall file statement of the informa-
tion which cannot be obtained and the reasons why
such information cannot be reasonably obtained.
Where such unobtainable information concerns re-
quired financial information, the property owner
will submit a statement describing estimates which
will be as accurate as are feasible.
Section 20. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by enacting a new section
1~4.54, "Variances", to read as follows:
Sec. 174.54 Variances. '
(A) The Historic Preservation Board shall act in lieu of the
Board of Adjustment concerning variances from' the terms
of existing ordinances for properties within Historic
Districts, for Historic sites, and for properties listed
on the Local Register of Historic Places.
(B) The Board shall not grant a variance from the terms of
existing ordinances unless and until:
(1) A written application for a variance is submitted
demonstrating:
(a) That a variance would not be contrary to the
public interest, safety, or welfare.
(b) That special conditions and circumstances
exist, because of the historic setting, loca-
tion, nature or character of the land,
str~cture, appurtenance, sign or building
involved, which are not applicable to other
lands, structures, appurtenances, signs or
buildings in the same zoning district, which
16
ORD. NO. 109-88
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 maintain the preservation of the historic
character of a historic site or of a historic
district.
(2) Notice of the public hearing shall be given in
accordance with the following=
(a) The owners of all property located 300 feet
surrounding the subject parcel shall be noti-
fied by regular mail of the date and purpose of
the public hearing. The applicant shall submit
a drawing showing the location of all property
lines within 300 feet surrounding the subject
parcel and a complete list of the property
owner's names, mailing addresses and legal
descriptions. The owners of property shall be
those recorde~ on the latest Official County
Tax Rolls. Such list shall be accompanied by
an affidavit stating that, to the best of the
applicant's knowledge, said list is complete
and accurate.
(b) Mailing shall be at least ten (10) days in
advance of the public hearing so that owners
may be represented in person or by proxy. For
notification purposes, the owners of property
shall be thus recorded on the latest Official
County Tax Rolls.
(3) Notice of the public hearing shall also be posted on
one of the bulletin boards located, in the lobby of
City Hall at least ten (10) days prior to the public
hearing.
(4) The public hearing shall be held, at which time any
party may appear in person or be represented by an
agent or by an attorney. The Board shall make
findings that the requirements of subsection (B)(1)
above have been met by the applicant. The Board
shall also make a finding that the reasons set forth
~.n the application justifies 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.
17
ORD. NO. 109-88
The Board shall further make a finding that the
granting of the variance will be in harmony wi=h the
general purpose and intent of existing ordinances,
will not be injurious to the the neighborhood, or
otherwise detrimen=al to the public welfare.
(6) Conditions. In granting any variance, the Board may
prescribe appropriate conditions and safe guards in
conformity with existing ordinances. Violations of
such cond~.tions and safeguards, when made a part of
the =erms under which the variance is granted shall
be d. eemed in violation of existing ordinances and
punishable under Sec. 173.99 of this Code.
(7) Variances prohibited.
(A) Use variances. Under no circumstances shall
the Board grant a variance to allow use not
generally permitted or by conditional use
allowed in the zoning district involved, or any
use expressly or by implication prohibited by
the terms of existing ordinances in said zoning
district.
(B) Landscaping Ordinance. The Board is hereby
expressly prohibited from granting a variance
from any of the requirements, terms or condi-
tions set forth in Chapter 159.
(C) Street and Sidewalk Ordinance. The Board is
hereby expressly prohibited from granting a
variance from any of the requirements, terms or
conditions set forth in Secs. 150.045 -
150.050.
(8) The concurring vote of four members, of the Board
shall be necessary to affect any variation in the
application of existing ordinances.
(9) Review of Boards Decision. Any person or persons,
ox any Board, taxpayer, department, board or bureau
of the City, whose variance application has been
denied by the Board, may seek review of the decision
uf the Board, by the City Commission, by filing a
written request to the City Manager within ten
days after the decision of the Board.
{10) The Chairman, or in his/her absence the Acting
Chairman, may administer oaths and compel the atten-
dance of witnesses. Ali meetings shall be open to
the public.
(I1) The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question,
or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and
other official actions, all of which shall be a
public record.
18
ORD. NO. 109-88
A variance from 'the t~rms of existing ordinances
shall only be granted to preclude unnecessary hard-
ships and to maintain the historic character of the
building, structure or district.
The applicant shall pay a filing fee, the amount of
which shall be determined by the Board and approved
by the City Commission.
SectiOn 21. That Chapter 174, "Historic Preservation" ,'
"Administration and Enforcement", Sec. 174.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach, Florida is hereby repealed and a
new $'ection 174.99, "Penalty", is hereby enacted as follows:
Section 174.99 Penalty.
Any ~erson who carries out or causes to be carried out
any work in violation of this chapter, shall be required to restore the
subject improvement, building, site, structure, appurtenance, or land-
scape feature, either to its appearance prior to the violation or in
accordance with its certificate of appropriateness required by the
Historic Preservation Board. In addition, the Code Enforcement Board
shall have jurisdiction over any violations of this chapter and may levy
a fine to insure compliance. Additional remedies include enforcement
through a court of competent jurisdiction, wherein a fine of not less
than $100 per day, per violation shall be assessed from the date upon
which the work is cited as being in violation. The aforementioned
remedies shall be in addition to and not in lieu of any other civil
remedy.
Section 21. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, word, be
declared by a court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 22. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 24. That this ordinance shall become a effective
immediately, upon second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading this 27th day of September , 1988.
ATTEST:
Fir£t Reading SePtember 13. 1988
Second Reading September 27 t 1988
ORD. NO. 109-88