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Ord 13-15ORDINANCE NO. 13-15 AN ORDINANCE OF THE CI IY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.5.1(E)(q, "RELOCATION," TO ESTABLISH REGULATIONS AND GUIDELINES REGARDING THE RELOCATION OF BUILDINGS OR STRUCTURES Wn TCN, TO, OR FROM HISTORIC DISTRICTS OR SITES; BY ENACTING SECTION 7.10.11, "HISTORIC STRUCTURES," TO ESTABLISH A HISTORIC ,STRUCTURE RELOCATION BOND, AND TO PROVIDE FOR FORFEITURE OF SAME FOR FAILURE TO SUCCESSFULLY RELOCATE A HISTORIC STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Deltay Beach ("City") desites to preserve and protect the historic nature and assets of the City; and WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In -recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes." WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations govern the relocation of buildings or structures within, to, and from historic districts or designated sites; and WHEREAS, recent events have demonstrated that the current provisions under the City's Land Development Regulations for such relocations -requires modifications to better ensure the protection the City's historic structures; and WHEREAS, the City wishes to revise its Land Development Regulations to address the unique issues associated with the relocation of historic buildings or structures to promote the preservation and protection of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Ordinance. Section 2. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development Standards," Subsection 4.5.1(E)(6), "Relocation," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows (text formatted with underline is proposed to be added; text formatted with strike -through is proposed to be deleted.): 4.5.1(E)(6) Relocation. (a1 Relocation of Structures in a Historic District or on an Individually Designated Site: Relocation of a contributing or non-contributing building or structure or an individually designated building or structure to another site shall not take place unless it is shown that preservation on their existing or original site 'would cause undue economic hardship to the property owner in accordance with the definition -and requirements of undue economic hardship found in Section 4.5.1 or a buildingermit has been issued. (b) Relocation of Contributing or Individually Designated Structures 1. Criteria: When considering the relocation of a coadbuting structure from a historic district; or an individually designated structure from a site, the Board shall be guided by the following, as applicable: a Whether the structure will be relocated within the same historic district, into a new historic district, or outside of a historic district; b Whether the proposed relocation may have a detrimental effect on the structural soundness of the building or structure; c. Whether the proposed relocation would have a negative or positive effect on other historic sites, buildings, or sti-uctutes within the originating historic district at the new site; d. Whether the new surroundings of the relocated structure would be com atible with its architectutal character, and e Whether the proposed relocation is the only practicable means of saving the sttu.ctare from demolition. 2 Relocation Plan When considering the relocation of a contributing or indiviclually desi ted structure the Board shall require a Relocation Plan that includes the following: a. A detailed e lanation of the relocation method including the type of machine and equipment to be utilized• b A demolition plan illustrating any parts of the structure to be removed or modified to facilitate the relocation; c An illustration of locations where the building will be split, as applicable-, 2 ORD. NO. 13-15 d. The name of the Florida Licensed Building Movex who will relocate the structures and the following sLipport materials if available: i. A descti. tion of the Florida Licensed BuRdin Mover's past e erience in moving historic buildings of a similar construction technique. u. Photographs of prior relocation proiects completed by the Florida Licensed Building Mover taken before and after the relocation if applicable e. A certified en ' eerin re ort which includes: i. A relocation feasibili StAL with an assessment of the buildin 's structural condition to determine any damage that might occur dwing the move. ii. Details and a description of the historic structure's construction tpe includin techni ue and materials and current condition of materials. iii. Identification of an areas of concern and how these areas will be addressed ri�ox to the relocation.. 3. Supplemental Documentation: The following information shall be 12rovided with the application for a Certificate of Aronrtateness £or relocation of a contributing or individuall designated structure prior to Board consideration:_ a As -built drawings of the building as it exists on its originating site before undertaking the move, paxticularl� if the move will require substantial reconstruction, including but not limited to floor :planss, elevations, and architectural details and profiles. b PhotogtQhs of the site and the interior and exterior of the building, including but not hroited to all elevations and exterior details. C. History of any code violations applied to the structure and pro perry, along with an explanation of an�e� violations or structure violations which have been issued within five 5 ears of thea lication request. 4. Concurrent New Development Review: Applications fox a Certificate of A ro riateness for relocation shall be submitted concurrent) with thea licadon £or a Certificate of Aro xiateness for the new devel0 spent oa the otigmatmg site. 5 Site Maintenance: If the otj&ating site is to teinain vacant and construction of the new development will not commence for mote than 90 dabs following the relocation, the lot shall be sodded and maintained in a manner consistent with other o ens ace in the historic district. 6. Successful or Unsuccessful Relocation: The relocation of a historic structure is deemed successful when either no damage occurs during or as a result of the relocation or 'minimal damage occurs which is not deemed to co=romise the integrity (structurally and architectural of e structure, and when the relocation is completed in accordance with the approved Certificate of Aproprtr �ateness, including the associated Relocation flan._ a. If damage occurs duting the relocation then the propeM owner applicant and/or Licensed Building Mover shall noftfthe Historic Pteservation Planner and ORD. NO. 13-15 Chief Building Official within 24 hours of com lesion of the trove to determine if the damage has coipptomised the inteWity of the structure, thereby deemi,7 the relocation as unsuccessful. b. If a relocation is not successfqL then the Fro eety ov.=ner and/ox ora shall notify the Historic Preservation Planner and Chief $uilding_Official within 24 hours of the failed relocation or before the close of business on the next business da C. Failure of gny de ee to successfi& relocate the historic structure mgy result in the revocation of gny site development relief waivers variances internal adjustments or other relieD associated with the relocation that has been gjanted by the Board or the (:4 Commission as re aired by the ploniling and Zoning Director. d. The a licant at pxopeM owner may submit a written re nest for the reconsideration of any reviously apigoved site development relief associated with the unsuccessfully relocated structure m accordance with the following: i. The reconsideration to nest shall be submitted to the Planning and Zonin Director within five business da s of notification of the unsuccessful relocation. The reconsideration will be placed on the next available agenda of the recommending or QpWoving bodyasas appropriate, ii. Requests fox reconsideration shall include a statement regarding the relocation documentation of the relocation an ex lavation of the relocation failure and how the relocation failed to meet the Relocation Plan of thea roved Certificate of A ro riateness and the corrective actions to address issues caused b failed relocation. 7. Public Notice: All applications for a Certificate of —Approjiliateness fot the relocation of a contributm' sauctute or an individu& des' ated structure shall meet the "Additional Public Notice" requirements of LDR Section 2.4-2(h) (1) (c) Relocation of Eligible Historic Structures into a Historic District or on an Individuate Designated Site: Anel' 'ble historic structure is one which is notpresent–ly located within a historic district or is individij& desi ated and meets the criteria for Individual Designation for lisdng on the Local Re 'sten of Historic Places as outlined in LDR Section 4.5.1(13). 1. When considering the relocation of an eligible historic stxucture into a historic district or onto an incli iy iduaU designated site; the Board shall be giided by the following,Las applicable: a. Methet the ro osed relocation would have a positive effect on othet historic sites buildings, or structures within the historic district into which it will be relocated or at the new site. b. Whether the new surroundin s of the relocated structure would be com atible with its atchitectutal character. ORD. NO. 13-15 2. When a relocation pernit is issued for an eligible historic structure which will be relocated into a historic district the structure shall be required to be individualldesi ted to the new location for listinR on the Local Register of Historic Places 12tior to receiving the final inspection of the relocation 12ermit. 3. Relocation Plan. When consideting the relocation of an e�Oblc historic stt-ucture the- Board heBoard shall require a Relocation Plan that includes the following: a A demolition pjan Mustrating an 12arts to be temoved to facilitate the relocation. b. An illustration of locations whete the building will be split, as applicable. 4. Reloeation Review: Applications for the relocation of elible historic structures whether into a historic district or onto an individually designated site mai be administrative approved subject to compliance with the foRQEjnp: a. that the icquest meets the applicable Development Standards of Section 4.3.40� b. That the request meets the requirements of the zoning disttict to which it will be telocated: c. That the request does not re cite an relief to accommodate the relocated structure - and, d. That no alterations of the stmcture are to occur to the structure. Alterations to the structure and/or ptopetty require a separate application. e. The relocation of e ible historic sttuctmes to non-conforining propetties shall be considered in accordance with LDR Section 4.1.4 5. Supplemental Documentation: Photo"a hs of the site and the interior and exterior of the building, including but not limited to all elevations and exterior details shall be provided with the application fox a Certificate of A ro riateness for relocation of a an eligible historic structure riot to Board consideration: 6 Successful Relocation: The relocation of an eligible historic structure is deemed successful when either no damage occurs dwing or as a result of the relocation or minimal damage occurs which is not deemed to compromise the inte 'ty Otructut& and architecturally) of the structute and when the relocation is completed in accordance with thea roved Certificate of A to riateness including the associated Relocation Plan. If dama e occurs during the relocation then the j2rQpertQ owner and/or applicant shall notift the Historic Presetv�ation Planner and Chief Buildin Official within 24 hours of the occurrence or before the close of business on the next business da to determine if the damage has com romised the into of the structure and individual designation. (d) Supplemental Requirements: All buildings and structures Mptoved for relocation shall comply with the following: ©RD. NO. 13-15 1. The building to be relocated shall be secured from vandalism and potential weather dama e before and after its move; in a manner as approved by the Chief Building Official. 2. All structures approved for relocation and awaiting issuance of a building permit for the new develo xxaent on the ori aiin site shall be maintained so as to remain in a condition similar to that which existed at the time of the application. 3. All structures to be relocated pursuant to this Section shall comply with the requirements of Section 7.10.11 "Moving of Building: Historic Structures". Section 3. That Article 7.10, "Moving of Building," Section 7.10.5, "Cash Deposit, Bond, Or Insurance Required:," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.10.5 Cash Deposit, Bond, Or Insurance Required: (A) Cash deposit. An application hereunder shall be accompanied by a cash deposit in the sure. of $5,000, as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, or alley, sidewalk, fire hydrant, or other property of the City, which luay be caused by or be incidental to the removal of any building over, along, or across any highway, street, alley, or other rights-of-way within the City and to indemnify the City against any claims of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the City. (B) Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit requited above, file with the Building Official a bond, approved as to form by the City Manager, executed by a bonding or surety company authorized to do business in the state in the amount of $5,000, conditioned upon the assurance that this subchapter and other applicable ordinances and laws will be complied with. This bond shall run to the City for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance of negligence in connection with any of the activities or conditions upon which the permit applied for is granted. (C) Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance company authorized to do business in the state, and approved as to form by the City Manager, in the same amount and providing the same protection as would be requited for a bond hereunder. Historic Structure Relocation Bond.: In addition to the above an Q121icant requestinR the relocation of a contilbutingr structure or an individually desigunated structure shall provide a Surety Bond or a Letter of Credit in favor of the City of Delray Beach and in a form satisfactory to the City Attorney's Office of an amount equal to 125% of the "fair marl�_et value" of the property which includes the value of the land and an improvements such as the historic structure as determined b or throu h an MAI ember of the 6 ORD. NO. 13-15 4plication for a relocation permit. The Surejy Bond or Letter of Credit shall not be released until final inspection of the successfully completed relocation to the new foundation. Failure to successE& relocate a historic structure may result in the forfeiture of the Surety Bond or a draw on the Letter of Credit as determined by the City Commission upon recommendation by the Historic Preservation Board. Section 4. That Article 7.10, "Moving of Building," Section 7.10.11, "Historic Structures," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to .read as follows: Section 7.10.11 Histoflc Structures: In addition to the above requirements, the relocation of structures from or to a historic district or individual) desigmated property shall c=1 with the requirements of Section 4.5.1(Q(6), prior to the issuance o£_a relocation permit. The final inspection for new foundation petmits associated with a relocated structure shall occur concutrently with the final inspection for the -relocation. The final inspection for the relocation and foundation pe.rxmits shall be finalized within 90 calendar days of permit issuance. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 7. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in tegular session on second and final tea g o this the 18th day of AW,us 2015. YOR ATTEST: City Clerk First Reading Second Reading dune 16, 2015 Augzst 18, 2015 7 ORD, NO. 13-I5