153-88 ORDINANCE NO. 153-88
AN ORDINANCE OF THE CITY COMMISSION OF ~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", OF THE CODE OF ORDINANCF-~
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS"
AMENDING THE DEFINITION OF UNDUE ECONOMIC HARDSHIP,
TO FURTMI~R CLARIFY THE NEED FOR THE CONSIDERATION OF
UNDUE ECONOMIC HARDSHIP WHEN CONSIDERING APPLICA-
TIONS FOR CERTIFICATE OF APPROPRIATENESS, INCLUDING
BUT NOT LIMITED TO CERTIFICATE OF APPROPRIATENESS
APPLI CATIONS REQUESTED BY PROPERTY OWNEI~ FOR
DEMOLITION; BY AMENDING, "CERTIFICATE OF APPROPRI-
ATENESS", SECTION 174.30, "BASIC REQUIREMENTS",
SUBSECTION 174.30|B), TO PROVIDE THAT PLAN RB"e-IEW IS
REQUIRED; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.32, "INITIATION AND PROCEDD'RR",
SUBSECTION 174.32(B) AND ENACTING A NEW SUBSECTION
174.32(B) , TO PROVIDE THAT APPLICATIONS FOR CERTIFI-
CATE OF APPROPRIATENESS MUST BE FILED WITH THE
DEPARTMEI~ OF CONMUNI~ IMPROVEMENT AND AMENDING
SUBSECTION 174.32(F), TO PROVIDE THAT A CERTIFICATE
OF APPROPRIATENESS SHALL EXPIRE EIGHTm~ MONTHS FRO~
DATE OF ISSUANCE, ELIMINATING THE TWENTY-FOUR M(HqTH
EXPIRATION PERIOD IF 25% OF THE IMPROVEMENTS ARE NOT
COMPLETED: BY AMENDING "HISTORIC PRESERVATION
BOARD", SECTION 174.43, "POWERS AND DUTIES", BY
AMENDING SUBSECTION 174.43(F), TO CLARIFY THAT THE
HISTORIC PRESERVATION BOARD HAS POWER TO ACT IN LIEU
OF THE BOARD OF ADJUSTMENT IN ORDER TO GRAb~
VARIANCES FROM TME SIGN CODE; BY AMENDING "ADMINIS-
TRATION AND ENFORCEMENT" , SECTION 174. $ 4,
"VARIANCES", SUBSECTION 174.54 { B) { 1 ) , TO PROVIDE
ADDITIONAL CRITERIA FOR VARIANCES REQUESTED BECAUSE
OF UNNECESSARY HARDSHIP, AS WELL AS CRITERIA FOR A
VARIANCE WHICH IS NECESSARY TO MAINTAIN T~E HISTORIC
CHARACTER OF THE BUILDING, STRUCTURE, SITE, OR
DISTRICT, AND AMENDING SUBSECTION 174.54(B) (7) BY
ENACTING A NEW SUBSECTION 174.54(b) (7) (D) TO
PRECLUDE SIGN CODE VARIANCF~ EXCEPT FOR VARIANCES TO
THE SIGN CODE FOR THOSE NONCONFORMING SIGNS IN
EXISTENCE ON THE DATE OF THE ENACTMENT OF T~E SIGN
CODE AND AMENDING SUBSECTION 174.54 (B) ( 12), TO
PROVIDE CLARIFICATION THAT EITm~R AN "UNNECESSARY
}IARDSHIP" OR THE NEED TO MAINTAIN THE HISTORIC
CHARACTER OF THE BUILDING STRUCTURE, SITE, PROPERTY
OR DISTRICT SHALL SERVE AS A BASIS FOR A VARIANCEI
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 clarify certain aspects of Chapter 174, "Historic
Preservation" of the Code of Ordinances of the City of Delray Beach,
Florida and Ordinance No. 109-88, recently adopted which amended Chapter
174, "Historic Preservation".
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 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
h~reb¥ amended, by amending the definition of "Undue Economic Hardship"
as follows:
"Undue Economic Hardship". An exceptional financial burden
created by the implementation ofor created by con~itions
imposed pursuant to Sectio'~s 174.31
~hatl might
or 174.33,
otherwise amount to taking of property without just co~ensa-
tion, o~ failure to achieve a reasonable economic return.
Section 2. That Chapter 174, "Historic Preservation", "Cer-
tificate of Appropriateness", Section 174.30, "Basic Requirements",
Subsection 174.30~B) is hereby amended as follows:
(B) Plan ap~va~ review required. No certificate of
priateness will be approved unless ~Be
photographs and plans for such construction, reconstruc-
tion, relocation, alteration,.-excavation, restoration,
~enovation, or demolition~ are app~eve~ reviewed by the
Historic Preservation Board. The aforementioned
may include one or more qf the following; site plan
and/or survey, elevation plan, landscape plan, floor
~lan~ color chips, architectural drawings~ sketches or
artistic renderings, s.amples of building materials,~
engineering re~prts, or any othe.~ supporting ma.terials,.
plans or reports, as deemed necessary by the Historic
Preservation Board.
Section 3. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Section 174.32, "Initiation and
Procedure", of the Code of OrdiDancea of the City of Delray Beach,
Florida, is hereby amended by repealing Subsection 174.32{B) by enacting
a new Subsection 174.32(B) and amending SubseCtion 174.32(F), as
follows:
{B) An application for a Certificate of Appropriateness"
must be filed with the Department of Development
Services by the first Friday of the month. The
applicant shall pay a filing fee of $25.~0, and no
application will be acted upon by the Board unless
it contains all required and pertinent information
and is accompanied by the required fee.
(F) The Board may approve, modify or deny an application
for a Certifica=e of Appropriateness. If the Board
approves the application, a Certificate of Appropri-
ateness will be issued. Construction for which a
Certificate of Appropriateness is issued shall
comme~c~ within 18 months from the date of issuance,
ORD. }~O. 153-88
a~ o~ the Certificate shall expire.
ep~eve~-~a~e~emen~s-have-ne~-beeR-e~m~e~e~-w~h~n
~4-m~hs-9~em-%he-da~e-~-~ss~a~e? The Board may
not approve extensions for certificates of Appropri-
ateness. If the Board disapproves the application,
a Certificate of Appropriateness shall not be
issued. The Board will state its reasons for
disapproval in writing and present these reasons to
the applicant within ten calendar days of the
Board's disapproval.
Section 4. That Chapter 174, "~istoric Preservation",
"Historic Preservation Board", Section 174.43, "Powers and Duties",
Subsection 174.43(F), of the Code of Ordinances of the City o~.' Delray
Beach, Florida is here~! amended as follows:
(F) Act in lieu of Board of Adjustment. The Board
shall act in lieu of the Board of Adjustment and is empowered to
grant variances from existing ordinances for properties designated
as historic sites, a~-~=-~e~es-am~-s~s7 within designated
historic districts= or listed on the Local Register of Historic
Places. In. addition, the Board is empowered t9 ~rant variances
~rom the si~n code for those non-conforming signs which existed at
the time of enactment of the si~n' code.
section 5. That Chapter 174, "Historic Preservation", "Admin-
istration and Enforcement", Section 174.54, "Variances", is hereby
amended by amending Subsections 174.54(B) (1) and 174(B) (12) and by
amending Subsection 174.54(B)(7) by enacting a new sub-subsection
174.54(B)(7)(D) as follows:
(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 sub~it-
t-d demonstrating that.- a~ unnecessary, hard-
ship exists ~ursuant tot he
contained
criteria
within Section 173.9171A)(1) and the variance
requested is th.e minimum variance necessary
that will make ~ossible the reasonable use of
the buildin~or .structure, or .that a variance
is necessary to maintain the historic character
of the property by 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 aetting,
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 designed as historic sites or a
historic district, nor listed or the Local
Register of Historic Placed.
ORD. NO. 153-~8
(.~z) Literal interpretation of the provisions of
existing ordinances would alter the historic
character of the historic district or historic
~ite to such an extent that it would not be
feasible to preserve the historic c~avacter of
t~e historic district or historic site.
(d) The variance requeste~ is the minimum necessary
to maintain the preservation of the historic
character of the historic site or of the
historic district.
(7) Variances Prohibited.
(D) Siqn Code. The Board is hereb][ ex~resslx
prohibited from qranting a variance ~rom. %he
sign codet except that the Board may ~r.a~t a
variance from. the sign code for those noncon-
forming signs which existed at the time of the
enactment of the si~n code.
(12) A variance from the terms of existing ordinances
shall only be granted to preclude unnecessary hardships
a~ or to maintain the historic character of the
building, structure, site, DroDert¥ or district.
Section 6. 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 hereo~ as a
whole or part thereof other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 8. 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 13th day of December , 1988.
ATTEST:
First Reading Nov~nb~r 22. 1988
Second Reading December 13, 1988
4
ORD. NO. 153-88