13-87 ORDINANCE NO. 13-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELR&Y
BEACH, FLORIDA, ENACTING CHAPTER 31, "HISTORIC PRESER-
VATION'' TO THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE WITHIN ARTICLE I,
"GENERAL", FOR LEGISLATIVE INTENT AND PURPOSE, TO
PROVIDE DEFINITIONS; TO PROVIDE WITHIN ARTICLE II,
"HISTORIC PRESERVATION BOARD", FOR THE (~REATION AND
COMPOSITION OF THE PRESERVATION BOARD, TO PROVIDE
TERMS OF OFFICE, TO PROVIDE FOR ORGANIZATION OF THE
BOARD, TO PROVIDE FOR DUTIES, FUNCTIONS AND POWERS OF
THE BOARD GENERALLY; TO PROVIDE WITHIN ARTICLE III,
"DESIGNATION OF HISTORIC SITES", DIVISION ONE, "DESIG-
NATION STANDARDS", FOR THE RELATIONSHIP TO ZONING
DISTRICTS, TO PROVIDE FOR CLASSIFICATIONS OF STRUCTURES
AND BUILDINGS, TO PROVIDE PRESERVATION STANDARDS, TO
PROVIDE DEVELOPMENT STANDARDS; TO PROVIDE WITHIN
ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION
TWO, "DESIGNATION PROCEDURES", FOR THE NOMINATION FOR
HISTORIC SITE DESIGNATION, TO PROVIDE FOR NOMINATION,
NOTIFICATION AND HEARINGS, TO PROVIDE FOR BOARD
RECOMMENDATIONS AND APPEALS, TO PROVIDE FOR A LOCAL
REGISTER OF HISTORIC PLACES; TO PROVIDE WITHIN ARTICLE
IV, "CERTIFICATE OF APPROPRIATENESS", FOR BASIC REQUIRE-
MENTS, TO PROVIDE FOR REVIEW GUIDELINES, TO PROVIDE FOR
REVIEW INITIATION AND PROCEDURES, TO PROVIDE FOR
DEMOLITION OF HISTORIC SITES AND WITHIN HISTORIC
DISTRICTS; TO PROVIDE WITHIN ARTICLE V, "SPECIAL
PROVISIONS FOR ADMINISTR&TION AND ENFORCEMENT", FOR
VARIANCES, TO PROVIDE FOR AMENDMENTS TO DESIGNATIONS,
TO PROVIDE FOR ORDINARY MAINTENANCE AND REPAIR, TO
PROVIDE FOR ENFORCEMENT OF MAINTENANCE AND REPAIR
PROVISIONS, TO PROVIDE FOR UNSAFE STRUCTURES, TO
PROVIDE FOR EMERGENCY CONDITIONS, TO PROVIDE FOR
INSPECTIONS, TO PROVIDE FOR UNDUE ECONOMIC HARDSHIP,
TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THIS
CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray ~each, Florida wishes to
implement the provisions of the Historic Preservation Act.
WHEREAS, the City Council is dedicated to the identification, recording,
restoration and preservation of significant historic properties in the City of Delray
Beach, Florida.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA TO READ AS FOLLOWS:
Section 1. That Chapter 31, "Historic Preservation" of the Code of
Ordinances of the City of Delra.v Beach, Florida; be and the same is hereby enacted to
read as follows:
Chapter 31
HISTORIC PRESERVATION
Art. I General §§ 31-1-31-2
Art. II Historic Preservation Board § 31-3-31-6
Art. III Designation of Historic Sites §§ 31-7-31-14
Div. 1 Designation Standards § 31-7-31-10
Div. 2 Designation Procedures §§ 31-14
Art. IV Certificate of Appropriateness §§ 31-15-31-18
Art. V Special Provisions, Enforcement §§ 31-19-31-28
ARTICLE I. GENERAL
Sec. 31-1. Legislative Intent and Purpose.
The City Council of the City of Delray Beach finds as follows:
(1) Located within the City, there are districts, archaeological sites, buildings,
structures, improvements and appurtenances, both public and private, that
· are reminders of past eras, events and persons important in local, state and
national history, or that provide significant examples of architectural styles of
the past, or that are unique and irreplaceable assets to the City and its
neighborhoods, or that provide for this and future generations examples of
the physical surroundings in which past generations lived;
(2) The City of Delray Beach will include a preservation and conservation element
within its Comprehensive Land Use Plan as required by state law;
(3) Through this and other dedicated efforts of local public and private groups
and individuals, the value of a district and numerous archaeological sites,
buildings, structures, improvements and appurtenances, both public and
private, has been recognized by their inclusion in or consideration for the
National Register of Historic Places; the state inventory, maintained by the
Division of Archives, History and Records Management, Department of State;
the Historic Palm Beach County Preservation Board, and the City's survey of
historic sites and districts; however, many other historic sites and districts
remain unidentified;
(4) The recognition, protection, enhancement and use of such resources is a
public purpose and is essential to the health, safety, morals and economic,
educational, cultural and general welfare of the public, because these efforts
result in positive benefits to the City and its residents:
(A) The enhancement of property values;
(B) The stabilization and improvement of neighborhoods and areas of the
City;
(C) The increase of economic benefits to the City and its residents;
(D) The promotion of local interest;
(E) The enrichment of human life in its educational and cultural dimensions,
serving spiritual as well as material needs; and
(F) The fostering of civic pride in the beauty and accomplishments of the
past;
(5) It is the policy of the City to encourage beautification and general improve-
ment of, and cleanliness within, the City by requiring the installation of
appropriate landscaping that will enhance the community's ecological, environ-
mental and aesthetic qualities, and that will preserve and enhance the value
of the property;
(6) The City has encouraged and continues to encourage redevelopment of the
original center of the City;
(7) The City Council wishes to take advantage of all available state and federal
laws and programs that may assist in the development of the City;
(8) The federal government has established a program of matching grants-in-aid
for projects having as their purpose the preservation for public benefit of
properties that are significant in American history, architecture, archaeology
and culture;
(9) There are other federal programs and policies providing monies for projects
involving the rehabilitation of existing districts, archaeological sites,
buildings, structures, improvements and appurtenances;
2 ORD. NO. 13-87
(10) The policy of the City is to conserve and enhance the existing housing stock
and extend the economic life of each housing unit through the rehabilitation
of such units under housing and community redevelopment programs in
selected areas;
(11) There are other public and private programs providing grants, loans or other
monies for the preservation and rehabilitation of existing districts,
archaeological sites, buildings, structures, improvements and appurtenances;
(12) The City, in applying for grant funds under the Housing and Community
Development Act of 1974, must comply with the requirements of several
federal laws relating to the protection of historical, architectural, archaeologi-
cal and cultural resources as part of the environmental review process;
(13) Inherent in the enactment and implementation of these federal mandates is the
policy of the United States government that the spirit and direction of the
nation are founded upon and reflected in its historic past; that the historical
and cultural foundations of the nation should be preserved as a living part of
our community life and development in order to give a sense of orientation to
the American people; that in the face of the ever increasing extension of
urban centers, highways, and residential, commercial and industrial develop-
ments, the present governmental and nongovernmental programs and activities
are inadequate to ensure future generations a genuine opportunity to
appreciate and enjoy the rich heritage of our nation;
(14) It is the will of the people of the State of Florida as expressed in Article II,
Section 7 of the 1968 Constitution that the state's natural resources and
scenic beauty be conserved and protected; and
(15) It is the will of the state legislature, as expressed in Chapter 27 of the
Florida Statutes, 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.
In recognition of these findings, the purpose of this ordinance is to promote the
health, morals, economic, educational, aesthetic, cultural and general welfare of the
City of Delray Beach and its residents through:
(A) The identification, preservation, protection, enhancement, perpetuation and
use of districts, archaeological sites, buildings, structures, improvements,
and appurtenances that are reminders of past eras, events, and persons
important in local, state or national history, or that provide significant
examples of architectural styles of the part, or 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;
(B) The enhancement of property values, the stabilization of neighborhoods and
business centers of the City, the increase of economic and financial benefits to
the City and its residents, and the promotion of local interests;
(C) The encouragement of new structures, buildings and developments that will be
in harmony with existing historic structures;
(D) The assistance of City property owners to become eligible for federal, state
and local tax incentives, property tax deferral programs, transfer of develop-
ment right programs, and other federal, state, local and private programs,
designed to encourage and enhance historic preservation;
(E) The preservation and enhancement of varied architectural styles, reflecting
the City's cultural, social, economic, and architectural history; and,
3 ORD. NO. 13-87
(F) The enrichment of human life in its educational and cultural dimensions in
order to serve the spiritual as well as material needs by fostering knowledge
of the living heritage of the past.
Sec. 31-2. Definitions.
The following definitions will apply for the purposes of this ordinance:
(1) Alteration. Any change affecting the exterior appearance of an existing
structure or improvement by additions, reconstruction, remodeling, mainte-
nance or structural changes involving changes in form, texture, materials or
color or any such changes in appearance in specially designated historic site,
or historic interiors.
(2) Applicant. The record owner of the property and/or improvements located
thereof.
(3) Archaeological site. Earthworks, any subsurface remains of historical,
archaeological or architectural importance, or any unusual ground formations
of archaeological significance.
(4) Board. The Delray Beach Historic Preservation ,Board as created and
constituted by Article II of this ordinance.
(5) Building. A structure, edifice, or any part thereof, designed to stand
permanently and intended for use, occupancy or ornamentation.
(6) Certificate of Appropriateness. A written document, issued under the terms
and conditions of this ordinance, allowing specified alterations, demolition,
construction, or other work to a designated historic site, or for a building or
structure within a designated historic district.
(7) Contributing Building. A building contributing to the historic significance of
a district which by virtue of its location, design, setting, materials,
workmanship, or association with local historic events or personalities lends to
the district's sense of time and place within the context of the intent of
historic preservation.
(8) Delra¥ Beach Historic Preservation Board. As created by Article II, a Board
of seven (7) members being responsible, for executing this ordinance and
enhancing, promoting and regulating historic preservation within the City of
Delray Beach.
(9) Demolition. The act or process of wrecking, destroying, or removing any
building or structure, or any exterior or structural part thereof.
(10) Designated exterior. All outside surfaces of any improvement, building,
structure defined in the historic preservation survey as having significant
value to the historic character of the building, district or City.
(11) Exterior. All outside surfaces of any building or structure.
(12) Historic District. A geographically defined area with a significant concen-
tration, linkage, or continuity of landmarks, improvements, or landscape
features united by historic events or aesthetically by plan or physical
development, and which area has been designated as a historic district under
the procedures described in this ordinance. Any historic district may have
within its area non-historic buildings or other structures that contribute to
the overall visual character of the district.
(13) Historic Site. Any site, building, structure, feature or improvement which
has been designated as a "historic site" under the terms, conditions and
procedures of this ordinance.
4 ORD. NO. 13-87
(14) Historic Site Survey. A comprehensive survey compiled by the Historic
Preservation Board designed to identify, research and document buildings,
sites and structures of any historic, cultural, architectural or landmark
importance in Delray Beach, Florida. The Board may compile said survey in
cooperation with state and local public and non-profit historic preservation
organizations to prevent a duplication of effort.
(15) Improvement. Any building, structure, fence, gate, wall, walkway, parking
facility, light fixture, bench, foundation, sign, work of art, earthworks,
sidewalk, or other man-made objects constituting a physical change or better-
ment of real property, or any part or portion of said change or betterment.
(16) 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.
(17) Local Register of Historic Places. A listing and a means by which to
identify, classify and recognize various archaeological sites, buildings,
structures, improvements, districts and appurtenances as historically and/or
architecturally significant.
(18) National Register of Historic Places. A federal listing maintained by the U.S.
Department of the Interior of buildings, structures and districts that have
attained a quality of significance as determined by the Historic Preservation
Act of 1966, as amended.
(19) Non-contributing Building. A building within a historic district which does
not add to a historic district's sense of time and place and historical develop-
ment; or a building where the location, design, setting, materials,
workmanship, and association have been so changed, or have so deteriorated
that the overall integrity of the building has been irretrievably lost.
(20) Ordinary Maintenance or Repair. Any work for which a building permit is
not required by law, where the purpose and effect of such work is to correct
any physical deterioration or damage of an improvement, or any part thereof
by restoring it, as nearly as practical, to its appearance prior to the
occurrence of such deterioration or damage.
(21) Structure. A man-made work made up of interdependent and interrelated
parts in a definite pattern or organization.
(22) 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 in the case of
income-producing properties. The evidence and testimony needed to establish
an undue economic hardship is specified in Articles IV and V.
ARTICLE II. HISTORIC PRESERVATION BOARD
Sec. 31-3. Creation and Composition.
(1) There is hereby created a Historic Preservation Board of the City of Delray
Beach. It will consist of seven (7) members appointed by the City Council.
(2) A five-member committee, whose membership 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 City Council,will nominate members of
the board to the City Council. All such nominees shall be residents of the City of
Delray Beach; each nominee shall represent a broad geographic area of the City of
Delray Beach.
(3) The committee will make nominations within thirty (30) days following the
passage of this ordinance. Thereafter, the nominating committee shall meet to nominate
5 ORD. NO. 13-87
new Board members or to fill vacancies as the need arises. The committee's nominations
are subject to approval by the City Council.
(4) It is intended that members of the Historic Preservation Board will be persons
of knowledge, experience, judgment and background, and have personal or professional
interest or experience in historic restoration and preservation. They will have the
ability and desire to act in the public interest and represent, insofar as possible, the
various special personal and professional interests required to make informed and equi-
table decisions concerning the preservation, conservation and protection of historic
districts and structures.
Sec. 31-4. Terms of Office.
(1) The initial terms of four of the members nominated by the committee shall last
two years from the day the Board is formally established while the initial terms of the
remaining three members shall last three years. Thereafter, the terms of all members
will be two (2) years.
(2) The term of a Board member will be automatically terminated in the event a
member fails to attend any three consecutive regularly scheduled meetings, or any four
meetings in any 12-month period during the member's term of office. This provision
does not include special or emergency meetings.
(3) Any member may be removed with or without cause by a majority vote of the
City Council. Appointments to replace any member due to death, resignation, or
removal will be made by the City Council and will last for the unexpired term. Board
members may only serve for two consecutive terms. The serving of an unexpired term
shall not be counted toward the two term limitation.
(4) Members of the Historic Preservation Board will serve without pay, but may
be reimbursed appropriate, necessary exp~nses.
Sec. 31-5. Organization.
(1) The Board will elect a Chairman and a Vice-Chairman from its m~mbership.
They will serve terms of one year each. Nothing will prevent the Board from electing
the Chairman and the Vice-Chairman for an additional term, but they may not serve
more than two consecutive years. The Chairman will preside over the Board and will
have the right to vote. In the absence or disability of the Chairman, the
Vice-Chairman will perform the duties of the Chairman. The City Manager's designee
shall act as the City Historic Preservation Officer, and will serve as Secretary of the
Board.
(2) A majority of the Board (four) will c~nstitute a quorum, but no application
for approval of a Certificate of Appropriateness will be denied except by the vote of a
majority of the entire Board (four votes of seven total).
(3) The Board shall adopt rules providing for the transaction of its business and
consideration of applications, for the time and place of regular meetings, and for the
calling of ,,~pecial or emergency meetings. Ail meetings of the board shall be open to
the public and a public record will be kept of the Board's resolutions, proceedings, and
actions.
(4) The Board's rules and regulations shall not conflict with the Constitution and
general rules of the State of Florida, nor the City Charter, and will govern and control
procedures, hearings and actions of the board. No rules and regulations will become
effective until a public hearing upon the proposed rules and regulations has been held
before the Board. The rules and regulations, with any amendments and modifications
thereto, must be approved by the City Council and filed with the City Clerk. Upon
approval by the City Council, such rules and regulations will have the force and effect
of law within the City of Delray Beach, Florida.
(5) The board will hold regular meetings to consider nominations for designation
of historic status, review applications for Certificates of Appropriateness, and conduct
other such duties and business as the Board is charged with under this ordinance.
6 ORD. NO. 13-87
The Board must meet within fifteen (15) days of a nomination for designation or the
filing of a certificate of appropriateness to consider such nominations and applications,
unless the applicant or nominating party is willing to delay consideration until the next
regular meeting of the BOard.
(6) The Board will draft and propose an annual budget to the City Council in
accordance with the normal annual City budget approval process. The City Council may
appropriate funds from general revenues, or collected with appropriate fees and/or
received from gifts, state or federal grants, and other sources, in the budget for the
Historic Preservation Board for expenses necessary to the conduct of its work. Accep-
tance of any loans, grants, bequests, gifts or revenues from sources other than fees
must be approved by the City Council.
Sec. 31-6. Duties, Functions and Powers of the Board Generally.
The Historic Preservation Board will have the following powers, functions and
duties, in addition to such other powers, duties, functions and authority as may be set
forth elsewhere in the Code of Ordinances of the City of Delray Beach, Florida:
(1) Develop, maintain and update a survey of archaeological sites, properties,
buildings, structures and districts of special historic, aesthetic, architec-
turai, cultural or social value or interest. The Board will endeavor to
improve, expand and make more accurate the survey as additional documents,
information, oral histories, and other such materials may become available,
and it will periodically re-evaluate the survey. The Board will work with the
Delray Beach Historical Society, the Florida Bureau of Historic Preservation,
the Historic Palm Beach County Preservation Board, and other appropriate
public and non-profit organizations in developing this survey.
(2) Nominate properties for designation, and reamlate a~d administer such
properties, structures, buildings, sites, districts, etc. so designated as
historic sites and/or historic districts.
(3) Participate in the National Register program in Flor}~a to the greatest possible
extent, as defined by the 1981 and subsequent amendments to the Historic
Preservation Act of 1966 and regulations and rules drafted pursuant to those
amendments by the National Park Service and the Florida State Bureau of
Historic Preservation.
(4) Act as a regulatory body to approve, deny or modify Certificates of
Appropriateness as specified by Article V of this ordinance.
(5) Make recommendations concerning zoning code amendments to the Planning and
Zoning Board, and concerning building code amendments to the chief building
official.
(6) Make determinations, in cases of undue economic hardship, to vary, waive, or
supersede provisions of the zoning code when appropriateness as a means of
encouraging significant historic preservation. Such determinations will be
made only after review and comment by the appropriate City departments,
including, but not limited to the Department of Development and Inspections,
Planning Department, and Engineering Department. The Board shall act in
lieu of the board of Adjustment concerning variances of the zoning code for
properties within historic districts and for properties designated as historic
sites or listed on the Local Register of Historic Places.
(7) Develop, establish and regulate guidelines concerning contemporaneous
architectural styles, colors, building materials and so forth for historic sites
and within historic districts. Such guidelines will be subject to review by
the Community Appearance Board and the Planning and Zoning Board, and
will be subject to approval by the City Council. The Board's consideration
and approval of Certificates of Appropriateness under these guidelines shall
be in lieu of consideration and approval by the Community Appearance Board.
7 ORD. NO. 13-87
(8) Make recommendations to the City council about facade easements, the imposi-
tion of other strictions, and the negotiation of contracts for the purposes of
historic preservation.
(9) Increase public awareness of the value of historic preservation by developing,
conducting and participating in public education programs.
(10) Make recommendations to the City Council concerning the use of grants from
federal and state agencies, and the use of City funds to promote the preser-
vation and conservation of historically and aesthetically significant
archaeological sites, historic sites and historic districts.
(11) Evaluate, comment upon and make recommendations to the City Council
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.
(12) Contact public and private organizations, businesses and individuals and
endeavor to arrange agreements to help insure the conservation and preserva-
tion of historically and aesthetically significant sites, buildings, structures,
and districts for which demolition or destruction is proposed.
(13) In the name of the City of Delray Beach, and only with the express approval
of the City Council, 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.
(14) Make recommendations to the City Council, and by referral to the Planning
and Zoning Board, to make historic preservation concepts an integral and
on-going part of all City planning and zoning cod(~s, the City Land Use Plan,
and any comprehensive use planning required by the State of Florida.
(15) Create and approve standardized historic markers and plaques and issue
recognition to designated historic sites and historic districts within the City.
(16) Advise the City Council on all matters related to the use, administration and
maintenance of City-owned designated historic sites and historic districts.
(17) Execute any other functions which may be approved by ordinance or resolu-
tion of the City Council.
(18) Demon~,trate a spirit of cooperation with and provide administrative assistance
to proI.,erty owners in the conservation and preservation of historic sites and
properties within historic districts.
(19) Dew.;lop and maintain a Historic Preservation Manual for the City of Delray
Beach ~.~o help property owners fulfill the regulations and requirements of this
ordinance and the regulations for historic preservation developed by the
Historic Preservation Board and approved by the City Council.
ARTICLE III. DESIGNATION OF HISTORIC SITES
DIVISION I. Designation Standards
Sec. 31-7. Relationship to Zoning Dis~:ricts.
The Historic Preservation Board's regulations are intended to preserve, conserve
and protect the historic and architecturally significant buildings, structures,
archaeological sites, monuments, streetscapes, landscapes, and neighborhoods of the
City. In all zoning districts in which historic districts, as defined by this ordinance,
are established, the regulations for both the zoning district and the historic preserva-
tion ordinance will apply within the historic district. In zoning districts in which
historic sites, as defined by this ordinance, are designated, regulations for both the
8 ORD. NO. 13-87
zoning district and the Historic Preservation Board will apply only to the designated
historic sites within the zoning district. Whenever the regulations of the overall zoning
district and the Historic Preservation Board conflict, the more restrictive regulation will
apply.
Sec. 31-8. Classification of Structures and Buildings.
All historic buildings, structures, archaeological sites, districts, neighborhoods,
etc. Will be classified and designated on the City of Delray Beach Historic Preservation
Survey and said Survey will be approved by the City Council and be made an overlay
to the City Zoning Map and Land Use Plan. Such buildings, structures, districts,
neighborhoods, etc. will be divided into two classes:
(A) Contributing. Those buildings, structures, archaeological sites, or districts
classified as historic will possess identified historical and architectural merit
of a degree warranting their preservation. All buildings, structures,
archaeological sites, etc. listed in the City of Delray Beach Historic Preserva-
tion Survey, as adopted and approved by the City Council, will be considered
worthy of preservation and may be designated as a historic site or a historic
district.
(B) Non-contributing. Those buildings and structures, within a historic district,
not listed in the City Historic Preservation Survey.
Sec. 31-9. Preservation Standards.
(1) To qualify as a historic site or historic district, individual properties,
structures, sites or buildings, or groups of properties, structures, sites or buildings
will 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, said property or properties must fulfill one or more of
the criteria set forth in paragraphs (2) and (3) below.
(2) A building, structure, site or district will be deemed to have historical or
cultural significance if it meets 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, or (i.e., the homestead of a local
founding family)
(B) Is the site of a historic event with significant effect upon the city, state or
nation, or
(C) Is associated in a significant way with a mayor historic even whether
cultural, economic, social, military, or political, or
(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:
(A) Portrays the environment in ~n era of history characterized by one or more
distinctive architectural styles, or
(B) Embodies those distinguishing characteristics of an architectural style,
period or method of construction, or
(C) Is a historic or outstanding work of a prominent architect, designer,
landscape architect, or builder, or
9 ORD. NO. 13-87
(D) Contains elements of design, detail, material, or craftsmanship of outstandin~
quality or which represented, in its time, a significant innovation or adapta-
tion to the South Florida environment.
(4) A building, structure, site, 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 U.S. Department of the Interior under the Historic Preservation Act
of 1966, as amended. A copy of these standards for the National Register is attached
to and made part of this ordinance.
Sec. 31-10. Development Standards.
(1) For the purpose of this ordinance, exterior architectural features will
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 ail roofs, windows, doors and signs.
(2) The following will only be moved, reconstructed, altered or maintained, in
accordance with this ordinance, in a manner, that will preserve the historical and
architectural character of the building, structure, site or district:
(A) Buildings, structures and appurtenances.
(B) Appurtenances will be defined as, but not limited to stone walls, fences, light
fixtures, steps, paving, sidewalks, and signs.
(3) In considering proposals for alterations to the exterior of historic buildings
and structures and in appl~ring development and preservation standards, the docu-
mented, original design of the building may be considered, among other factors.
(4) A historic site, or building, structure, site, improvement, or appurtenance
within a historic district will be altered, restored,' preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the Interior's
Standards for Rehabilitation, as same may be amended from time to time,
(5) Relocation of historic buildings and struct'~tres to other sites will not take
place unless it is shown that their preservation on their existing or original sites is not
consistent with the purposes of this ordinance or would cause undue economic hardship
to the property owner.
(6) Demolition of historic sites, archaeological sites or building~.~, structures,
improvements and appurtenances within h}storic districts will be regu!ated by the
Historic Preservation Board in the manner described in Articles IV and V.
(7) The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or struc-
ture within a designated historic district will meet the same compatibility standards as
any material change in the exterior appearance of an existing non-contributing building.
Any material change in the exterior appearance of any existing non-contributing
building, structure or appurtenance in a designated historic district will be generally
compatible with the form, proportion, mass, configuration, building material, texture,
color and location of historic buildings, structures, or sites adjoining or reasonably
approximate to the non-contributing building, structure or site.
(8) All improvements to buildings, structures and appurtenances within a
designated historic district shall be visually compatible. Visual compatibility will be
defined in terms of the following criteria:
10 ORD. NO. 13-87
(A) Height. The height of proposed buildings or modifications will be visually
compatible in comparison or relation to the height of existing structures and
buildings.
(B) Front Facade Proportion. The front facade of each building or structure will
be visually compatible with and in direct relationship to the width of the
building and to the height of the front elevation of other adjacent or adjoin-
ing buildings within a historic district.
(C) Proportion of Openings (Windows and Doors). The openings of any building
within a historic district will be visually compatible with the openings exem-
plified by the prevailing historic architectural styles within the district. The
relationship of the width of windows and doors to the height of windows and
doors among buildings within the district will be visually compatible.
(D) Rhythm 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.
(E) Rhythm of Buildings on Streets. The relationship of building(s) to open
space between it or them and adjoining building(s) will be visually compatible
with the relationship between historic sites, buildings or structures within a
historic district.
(F) Rhythm of Entrance And/Or Porch Projections. The relationship of entrances
and porch projections to the sidewalks of a building will be visually compati-
ble with the prevalent architectural styles of entrances and porch proiections
on historic sites, buildings and structures within a historic district.
(G) Relationship of Materials, Texture and Color. The relationship of materials,
texture and color of the facade of a building will be visually compatible with
the predominant materials used in the historic sites, buildings and structures
within a historic district.
(H) Roof Shapes. The roof shape of a building or structure will be visually
compatible with the roof shape(s) of a historic site, building or structure
within a historic.
(I) Walls of Continuity. Appearances of a building or structure such as walls,
wrought iron, fences, evergreen landscape masses, or building facades, will
form cohesive walls of enclosure along a street to insure visual compatibility
of the building to historic buildings, structures or sites to which it is
visually related.
(J) Scale of a Building. The size of a building, the building mass in relation to
open spaces, windows, door openings, balconies and porches will be visually
compatible with the building size and building mass of historic sites, buildings
and structures ~ithin a historic district.
(K) Directional Expression of Front Elevation. A building will be visually comps, t-
ible with the buildings, structures and sites in its directional character:
vertical, horizontal or nondirectional.
(9) Visual compatibility standards will be further discussed in greater detail in
the Delra~r Beach Preservation and Conservation Manual. Said Manual will be developed
as a guide to assist property owners as they seek to nominate their propcrties for
designation as a historic site or to designate an area within the City as a historic
district.
Division 2: DESIGNATION PROCEDURES
Buildings, structures, archaeological sites or districts which meet the criteria for
historic sites or districts set forth in Article III may be designated as historic sites or
11 ORD. NO. 13-87
districts, and may be listed on the Local Register of Historic Places, according to the
procedures set forth in the following sections.
Sec. 31-11. Nomination for Historic Site Designation.
(1) Nominations for historical site or district designation will 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.
(2) (A) Nominations for historic site status may be initiated:
(1) By the Historic Preservation Board,
(2) By the City Council, or
(3) By the property owner.
(B) Nominations for historic district status may be initiated:
(1) By the Historic Preservation Board, or
(2) By the City Council.
Any resident of the City of Delray Beach may make a recommendation only, and
submit same to the Historic Preservation Board, that any building, structure,
archaeological site, or district should be designated a historic site or district.
(3) A property owner, the Board or the City Council, making a nomination for
historic site designation, is responsible for completing the application form and submit-
ting it, along with any nomination fee or charges, to the Historic Preservation Board.
The Board may require the property owner who initiates a nomination application form
to provide any documentation or supporting evidence the Board deems necessary. The
Board shall bear the expense of filing applications and providing documentation when
the Board initiates the nomination.
(4) The Board will conduct a preliminary evaluation of the information provided
on each nomination application form to make sure it generally conforms with the historic
status criteria defined in this Chapter.
(5) The Board will then prepare a Designation Report which will contain the
following information.
(A) Proposed legal boundaries of the historic · building, archaeological site,
structure, or district; and,
(B) Any proposed conditional zoning regulations designed to replace or complement
existing zoning regulations with regard to, but not limited to: use, ~oor
area, density, height, setbacks, parking, minimum lot size, etc., or create
any additional conditions provided for in this article; and,
(C) Analysis of 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.
(6) Following the setting of a date for a public hearing before the Historic
Preservation Board for the consideration of a nomination for designation for status as a
historic site or historic district, no permits will be issued by the City for any new
construction, alteration, relocation or demolition of the real property included in the
nomination. This delay in the issuance of permits will remain in effect until one of the
following takes place:
12 ORD. NO. 13-87
(A) The Historic Preservation Board denies the nomination for historic site desig-
nation, and no appeal is filed with the City Council within 30 days of the
Board's denial; or,
(B) The City Council formally approves or denies the nomination for historic site
or district status.
Sec. 31-12. Nomination Notifications and Hearings.
(1) After the Board prepares its Designation Report, it will set and hold the
public hearing on each proposed designation with notification as follows:
(A) Owner Notification. The Board will mail, by certified mail, a copy of the
designation report and a notice of public hearing to the property owner(s) of
record as of the date of nomination. This notice will serve as notification of
the intent of the Board to consider designation and must be mailed at least 10
days prior to a public hearing.
(B) Public Hearing Notification. For each site or district nominated for desig-
nation, a public hearing will be held within 30 days from the date a formal
application is submitted to the Board. Ail property owners within a 300-foot
radius of the nominated site or district will be notified of the public hearing
by mail to the last known address of the party being served. However,
failure to receive such notice will not invalidate the notice or hearing. Such
notice shall also be provided by publishing a copy thereof in a newspaper of
general circulation in the City of Delray Beach at least ten (10) days prior to
the date of the hearing. Ail interested persons will be given an opportunity
to be heard at the public hearing.
Sec. 31-13. Board Recommendations and Appeals.
(1) After a public hearing, if the Board finds that the nomination fulfills the
proper designation criteria and all procedures have been followed correctly, it will vote
on the designation. If a majority of the entire Board present and voting agrees, it will
transmit the nomination and its findings and recommendations for final approval of the
designation to the City Council. If the Board finds that the nominated site or district
does not fulfill the criteria, no further action will be required unless the actual
property owner of record as of the date of nomination on a subsequent bona fide
purchase of same appeals the Board's action to the City Council.
(2) The City Council may, upon recommendation by the Historic Preservation
Board, designate historic sites and districts. Such designations will appear upon City
zoning maps as provided by City ordinance.
(3) Within thirty (30) days of a positive recommendation for historic status by the
Board, the City Council will hold a public hearing concerning the recommendation in
accordance with the Council's established procedures for public hearings.
(4) Within a reasonable time after its public hearing, the City Council will vote on
the Board's recommendation for nomination. A designation of historic status will be
deemed to be approved by a majority vote of the entire Council (at least three affirma-
tive votes); provided, however, that in the event a directly affected property owner
has objected to such historic designation, the City Council's approval of same will
require a super majority vote of the entire Council (at least four affirmative votes).
(5) Appeals of Board denial of a nomination must be presented to the City
Council, in writing and on forms developed by the Board, within 10 days of the Board's
denial. The City Council will then hold a public hearing on the appeal within 30 days
of the filing of an appeal, and vote to approve or deny the appeal after the public
hearing. Only the actual property owner(s) of record or a subsequent bona fide
purchaser of same as of the date of nomination will have the right to appeal a denial by
the Board.
13 ORD. NO. 13-87
Sec. 31-14. Local Register of Historical Places.
(1) If the City Council approves the nomination of a property for designation as a
historic site or group of properties for designation as a historic district, said property
or group of properties will be listed on the Delray Beach TJocal Register of Historic
Places. The local historic register will be maintained by the Board or the City Historic
Preservation Officer.
(2) Upon placement of property or properties on the local register, the Board will
cause this designation to be recorded in the official records of Palm Beach County.
(3) The Board will issue an official Certificate of Historic Significance to the
owner of properties listed individually on the local historic register or judged as
contributing to the character of a historic district listed on the local historic register.
The Assistant City Manager, acting as City Preservation Officer, or his appointee, is
authorized to issue and place official signs denoting the geographic boundaries of each
historic district listed on the local historic register.
(4) The listing of a property or district on the local historic register will modify
and supercede the regulations and procedures set forth in the Building and Zoning
Codes of the City of Delray Beach to the extent stated in this Chapter.
(5) Structures, buildings, improvements and appurtenances listed individually on
the local register or judged as contributing to the character of a designated historic
district will be deemed historic and entitled to modified enforcement of standard building
codes, as provided by Chapter 1, Section 101.5 of the Standard building Code.
ARTICLE IV. CERTIFICATE OF APPROPRIATENESS
Sec. 31-15. Basic Requirements.
(1) Certificate of Appropriateness Required.
(A) No building, structure, appurtenance, improvement or landscape feature
within the City of Delray Beach, which has been designated a historic site,
will be erected, altered, restored, renovated, excavated, relocated, or demol-
ished until a Certificate of Appropriateness regarding any exterior architec-
tural features, landscape features, or site improvements has been approved
under the procedures in this Chapter.
(B) A Certificate of Appropriateness shall be required for the erection, alteration,
restoration, renovation excavation, relocation, or demolition of any building,
structure or appurtenance within any historic district established b.v the City
of Delray Beach under the procedures specified in this ordinance.
(C) A Certificate of Appropriateness shall be required for any material change in
existing walls, fences and sidewslks, change of color, or construction of new
walls, fences and sidewalks.
(2) Architectural features. Architectural features include, but are not limited to,
the architectural style, scale, massing, siting, general design and general arrangement
of the exterior of the building or structure, including the type, style and color of
roofs, windows, doors and appurtenances. These features will include interior spaces
where the interior has been given historic designation under the procedures listed in
Article IV of this Chapter.
(3) Landscape features. Landscape features and site improvements will include,
but not be limited to subsurface alterations, site regrading, fill deposition, paving,
landscaping, walls, fences, courtyards, signs, and exterior lighting.
(4) Plan approval required. No Certificate of Appropriateness will be approved
unless the architectural plans for said construction, reconstruction, relocation,
14 ORD. NO. 13-87
alteration, excavation, restoration, renovation, or demolition are approved by the
Board.
(5) Relocation. Relocation of a building or structure will include, but not be
limited to, moving a building or structure into or within any historic district, and
moving a historic building or structure within or out of the City of Delra¥ Beach or
any historic district.
(6) Certificate not required. A Certificate of Appropriateness will not be
required for general, occasional maintenance of any historic building, structure or site,
or any building or structure within a historic district. General, occasional maintenance
will include, but not be limited to, lawn and landscaping care and minor repairs that
restore or maintain the historic site or current character of the building or structure.
General, occasional maintenance will not include any of the activities described and
defined in paragraphs i through 5 of this Section, above, nor will it include exterior
color change, addition or change of awnings, signs, or alterations to porches and
steps. A Certificate of Appropriateness will not be required for any interior alteration,
construction, reconstruction, restoration, renovation or demolition. General, occasional
maintenance and repair shall also include any ordinary maintenance which does not
require a building permit from the City.
Sec. 31-16. Review Guidelines.
(1) The Board will utilize the most recent U.S. Secretary of the Interior's
Standards for Historic Rehabilitation and Guidelines for Rehabilitation as the standards
by which applications for Certificate 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.
(2) Applications for Certificates of Apropriateness must be made on forms
approved and provided by the Board. Applications will include required forms and
appropriate site plans, architectural drawings, photographs, sketches, descriptions,
renderings, surveys, documents or other information needed for the Board to gain a
clear understanding of the applicant's planned alteration, construction, reconstruction,
relocation, restoration, renovation, or demolition.
(3) The guidelines for Certificates of Appropriate will be consistent and har-
monious with the guidelines for designation defined and described in Article III, Section
31-10 of this Chapter.
Sec. 31-17. Review Initiation and Procedures.
(1) The following departments and agencies of the City of Delray Beach will
notify the Historic Preservation Board of any of the following activities that affect any
designated historic site, or any building, structure or site within a designated historic
district:
(A) Planning and Zoning Department. Any request or application for approval of
a site plan; any request for a rezoning, conditional use, or a change in
zoning; or any request or application that requires an exercise of the
Planning and Zoning Board's powers and duties that affects any designated
historic site, or any building, structure or archaeological site within a
designated historic district.
(B) Building Department. Any application for any required building demolition,
plumbing, electrical or other permit that affects any designated historic site,
or any building, structure or archaeological site within a designated historic
district; and any application submitted to the Board of Adjustment for a
variance of the Code of Ordinances.
15 ORD. NO. 13-87
(C) Community Appearance Board. Any request or application presented to the
Community Appearance Board, or any general proposal considered by this
Board, that affects any designated historic site, or building, structure or
archaeological site within a designated historic district.
(D) Downtown Development Authority. Any request or application presented to
the Downtown Development Authority, or any general proposal considered by
the Authority, that affects any designated historic site, or building,
structure, or archaeological site within a designated historic district.
(E) Community Redevelopment Agency. Any request or application presented to
the Agency, or any general proposal considered by the Agency, that affects
any designated historic site or building, structure or archaeological site
within a designated historic district.
(2) An application for a Certificate of Appropriateness must be filed no later than
ten (10) calendar days prior to any meeting of the Historic Preservation Board at which
such application is to be heard. The applicant shall pay a filing fee, the amount of
which will be determined by the Board and approved by the City Council, and no
application will be accepted by the Board unless it contains all required and pertinent
information and is accompanied by the required fee.
(3) An applicant may request a pre-application conference with the Board or
appropriate City staff members to obtain information and guidance. The Board may
designate subcommittees of at least one member to hold pre-application conferences with
potential applicants. The purpose of each conference will be to discuss and clarify
preservation objectives and Board regulations and guidelines. Such conferences shall
be public meetings. However, in no case will any statement or representation made
prior to official Board review of an application bind the Board, the City Council, or
any City department.
(4) The Historic Preservation Board will act upon the application within fifteen
(15) calendar days of receipt of the application, or, if a quorum is not present, at a
special meeting to be held within 14 calendar days after the initial meeting, provided
that the application meets the filing requirements as defined in this section. Nothing
herein will prohibit a continuation of a hearing on an application which the applicant
requests or to which the applicant consents.
(5) The Board may advise the applicant and make recommendations in regard to
the
appropriateness of the application. The Board may delay final action until its next
regularly scheduled meeting, or, if the Board so chooses and the applicant agrees,
until a special meeting to be held within 14 days of the meeting at which the application
was first considered. In no case will the Board delay final action on any application
more than sixty (60) calendar days after such application is formally brought before the
Board.
(6) The Board may approve, modify or deny an application for a Certificate of
Appropriateness. If the Board approves the application, a Certificate of Appropriate-
ness will be issued. Construction for which a Certificate of Appropriateness is issued
shall commence within eighteen (18) months from the date of issuance, and said
certificate shall expire if twenty-five percent (25%) of the approved improvements have
not been completed within twenty-four (24) months from the date of issuance. The
Board may not approve extensions for Certificates of Appropriateness. 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 written reasons
to the applicant within ten (10) calendar days of the Board's disapproval.
(7) Decisions of the Board regarding applications for certificates of appropriate-
ness may be appealed by applying to the City Council on or before thirty (30) calendar
days following the Board's action. The City Council will then consider the Board's
decision and its written explanation of the Board's action and hold a hearing within a
reasonable time following the filing of an appeal. At this hearing, the applicant may
address the application and any supporting material presented to the Board; however,
16 ORD. NO. 13-87
no new material or evidence shall be presented or considered. The City Council will
vote upon the appeal and any approval or disapproval of the appeal must be approved
by a majority vote of the City Council.
Sec. 31-18. Demolition of Historic Sites and Within Historic Districts.
(1) Whenever a property owner clearly demonstrates that a building, structure or
appurtenance designated as a historic site, or a contributing building, structure or
appurtenance within a designated historic district, has been condemned by the City,
and the Board fails to issue a Certificate of Appropriateness, such building or
structure may be demolished. However, the Board may commission a Civil Engineer to
conduct a separate, independent appraisal of the structural soundness of the building,
structure or appurtenance and its compliance with the City's Code of Ordinances before
it takes action on an application for demolition. When the property owner and the
Board disagree on the soundness of a building, structure or appurtenance, a third,
independent civil engineer will be commissioned to conduct a re,dew of the previous two
evaluations of the structural soundness and make a personal appraisal of the structural
soundness. The cost of this third appraisal will be shared equally by the applicant and
the Board.
(2) However, when an applicant seeks a certificate for the purpose of demolition
of a non-condemned, contributing building, structure or appurtenance, the applicant
must satisfactorily demonstrate to the Board the applicant's plans to improve the
property.
(3) 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 Article
V of this Chapter.
(4) The Board's refusal to grant a Certificate of Appropriateness for the purpose
of demolition will be supported within fifteen (15) calendar days by a written statement
describing the public interest that the Board seeks to preserve.
(5) The Board may grant a Certificate of Appropriateness for demolition which
may provide for a delayed effective date of up to six (6) months from the date of the
Board's action. 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. In general, the Board may delay the
demolition of designed historic sites and contributing buildings within historic districts
for up to six (6) months, while demolition of non-contributing buildings within historic
districts may be delayed for up to three (3) months.
(6) 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 not
be limited to, consultation 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.
(7) In connection with any Certificate of Appropriateness for demolition of
buildings, structures or appurtenances as defined in this Chapter, the Board may
request the owner, at the owner's expense, to salvage and preserve specified classes of
building materials, architectural details and ornaments, fixtures, and the like for reuse
in the restoration of other historic properties. The Board may also request the Delray
Beach Historical Society, or the owner at the owner's expense, to record the architec-
tural details for archival purposes prior to demolition. The recording may include, but
will not be limited to, photographs, documents and scaled architectural drawings. At
the Board's option, the Board or the Delray Beach Historical Society may salvage and
preserve building materials, architectural details and ornaments, textures and the like
at their expense, respectively.
17 ORD. NO. 13-87
(8) The Board will consider these guidelines in evaluating applications for a
Certificate of Appropriateness for demolition of designated historic sites or buildings,
structures or appurtenances within designated historic districts:
(A) Is the structure of such interest or quality that it would reasonably fulfill
criteria for designation for listing on the National Register?
(B) Is the structure of such design, craftsmanship or material that it could
reproduce only with great difficulty and/or economically unviable expense?
(C) Is the structure one of the last remaining examples of its kind in the neigh-
borhood, City or designated historic district?
(E) Would retaining the structure promote the general welfare of the City of
Delray Beach by providing an opportunity to study local history, architec-
tural and design, or by developing an understanding of the importance and
value of a particular culture and heritage?
(F) Are there definite plans for immediate reuse of the property if the proposed
demolition is carried out, and what effect will those plans have on the
character of the surrounding area?
(9) Notice of application for demolition shall be posted on the premises of the
building, structure or appurtenance proposed for demolition in a location and manner
clearly visible from the street. Such notice will be posted within three (3) working
days of receipt of the application for demolition by the Board.
(10) Notice of demolition shall also be published in a newspaper of general
circulation at least three times prior to demolition, the final notice of which shall not be
less than fifteen (15) calendar days prior to the date of the issuance of the demolition
permit. The first notice will be published not more than fifteen (15) calendar d~-~s
after the application for a Certificate of Appropriateness for demolition is filed with the
Board.
ARTICLE V. SPECIAL PROVISIONS FOR ADMINISTRATION AND ENFOP~CEMENT
Sec. 31-19. Variances.
The Board shall have the power to vary the appropriate City ordinance require-
ments specifically regarding setbacks, off-street parking, height, and floor area ratio
requirements of those properties designated by the City Council as historic sites or
buildings, or structures or archaeological sites within designated historic districts.
The Board may only vary such Code of Ordinances requirements where it is deemed
appropriate for the continued preservation of the designated historic site or historic
district.
Sec. 31-20. Amendments to Designations.
Applications for ame~.dments to existing designated historic sites or designated
historic districts will be processed according to the provisions and procedures of
Articles III and IV of this Chapter. However, no action resulting from such application
for amendment will have the effect of eliminating the requirement for Certificates of
Appropriateness. Where the Board has issued a Certificate of Appropriateness for
demolition or relocation, the historic zoning classification may be changed through the
amendment process.
Sec. 31-21. Ordinary Maintenance and Repair.
Nothing in this ordinance shall be construed to prevent the ordinary maintenance
and repair of any building, structure, archaeological site, appurtenance or improvement
which does not involve a change of design, appearance, or material, or to prevent
ordinary maintenance of landscape features.
18 ORD. NO. 13-87
Sec. 31-22. Enforcement of Maintenance and Repair Provisions.
Where the Board determines that any improvements within the exterior of a
designated historic site, or within a designated historic district, are endangered by
lack of ordinary maintenance and repair, or of deterioration, or that other improvements
in visual proximity to a designated site or designated historic district are endangered
by lack of ordinary maintenance, or of deterioration, to such an extent that it detracts
from the desirable character of the designated historic site or designated historic
district, the Board may request appropriate officials or agencies of the City government
to require correction of such deficiencies under the authority and procedures of
applicable ordinances, laws, ancl regulations.
Sec. 31-23. Unsafe Structures.
In the event the Chief Building Official determines that any structure within a
designated historic site or designated historic district is unsafe pursuant to the applica-
ble Code of Ordinances provisions, the Chief Building Official will immediately notify the
Board by submitting copies of such 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. 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.
Sec. 31-24. Emergency Conditions.
For the purpose 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 archaeological site within a designated historic district. Such
temporary construction, reconstruction or demolition of limited scope and effect will take
place pursuant to permission granted by the Chief Building Official, and provided that
only such work as is reasonable 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 under the
procedures required by this ordinance. The owner may request a special meeting of
the Board to consider an application for a Certificate of Appropriateness which would
provide for repairs of a more permanent nature.
Sec. 31-25. Inspections.
The Department of Development and Inspections, the Engineering Department, the
Fire Department, and the Planning Department will assist the 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
Appropriateness will be voluntarily corrected by the property owner to comply with any
Certificate of Appropriateness, or that authorized civil and/or criminal proceedings be
initiated.
Sec. 31-26. Undue Economic Hardship.
In any instance where there is a claim of undue economic hardship as defined in
this Chapter, the property owner may submit, by affidavit, to the Board at least
fifteen (15) calendar days prior to the public hearing, the following information:
(1) For all property:
(A) The amount paid for the property, the date of purchase and the party
from whom purchased;
(B) The assessed value of the land and improvements thereon, according to
the two (2) most recent assessments;
19 ORD. NO. 13-87
(C) Real estate taxes for the previous two (2) years;
(D) Annual debt service, or mortgage payments, if any, for the previous two
(2) years;
(E) All appraisals, if any, obtained within the previous two (2) years by the
owner(s) or applicant(s) in connection with the purchase, financing or
ownership of the property;
(F) Any listing of the property for sale or rent, price asked and offers
received, if any; and
(G) 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; and
(2) For income property (actual or potential):
(A) Annual gross income from the property for the previous two (2) years,
if any;
(B) Annual cash flow, if any, for the previous two (2) years; and
(C) Status of leases, rentals or sales for the previous two (2) years.
(3) The Board may require that an applicant furnish such additional information
as the Board believes is relevant to the Board's determination of any alleged
undue economic hardship. The Board may also require, in appropriate
circumstances, that information be furnished under oath.
(4) 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 with his/her/their affidavit a statement of the
information which cannot be obtained and the reasons why such information
cannot be reasonably obtained. Where such unobtainable information concerns
required financial information, the property owner will submit a statement
describing estimates which will be as accurate as are feasible.
Sec. 31-27. Violations of This Ordinance.
Any person 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 landscape feature, either to its appearance prior to the
violation or in accordance with a Certificate of Appropriateness required by the Board.
Such person will also be liable for a fine of not less than $100 per date between the
day on which the work is cited as being in violation of this Chapter and the date on
which the Chief Building Official certifies and verifies to the Board that the violation
has been corrected. This civil remedy may be obtained through proceedings before the
City's Code Enforcement Board or a court of competent j~trisdiction, and shall be in
addition to and not in lieu of any other civil or criminal prosecution and/or penalty
otherwise provided in the Code of Ordinances of the City of Delray Beach, or the laws
of the State of Florida.
Section 2. That all ordinance or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 3. 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 4. That this ordinance shall become effective upon passage on second
and final reading.
20 ORD. NO. 13-87
PASSED AND ADOPTED in regular session on second and final reading this
the 101:h day of March , 198 7 .
'MAYOR
ATTEST:
First Reading February 24, 1987
Second Reading March 10~ 1987
21 ORD. NO. 13-87