50-96 ORDINANCE NO. 50-96
AN ORDINANCE OF THE CITY COMMISSION OF T~E CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY
AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX
EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE AD
VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES;
ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING
THE HISTORIC PRESERVATION BOARD TO REVIEW
APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION; ESTABLISHING PENALTIES; PROVIDING A
SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the citizens of Florida amended the Florida
Constitution, Article 7, Section 3(e), to authorize counties and
municipalities to grant a partial ad valorem tax exemption to owners
of historic properties for improvements to such properties which are
the result of the restoration, renovation or rehabilitation of the
historic properties; and
WHEREAS, the Florida legislature enacted Sections 196.1997
and 196.1998, Florida Statutes (1992) to govern the allowance of such
exemptions; and
WHEREAS, the City Commission desires to create a partial ad
valorem tax exemption for qualifying improvements of historic
properties as a means to encourage more restoration, renovation and
rehabilitation of such properties and to stabilize and improve
property values in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.5, "Overlay and Environmental
Management Districts", Section 4.5.1, "Historic Preservation Sites and
Districts", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
subsection 4.5.1(M), "Tax Exemption for Historic Properties", to read
as follows:
4.5.1(M) Tax Exemption for Historic Properties.
(1) The City Commission hereby creates a tax exemption for
the restoration, renovation or rehabilitation of qualifying historic
properties designated in Section 4.5.1(M) (5). Qualifying properties
shall be exempt from that portion of ad valorem taxation levied by the
City of Delray Beach on 100% of the increase in assessed value
resulting from any renovation, restoration or rehabilitation of the
qualifying property made on or after the effective date of this
ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors
pursuant to Section 9(b) or Section 12, Article 7 of the Florida
Constitution; or
(c) Personal property.
(3) Duration of Tax Exemption.
(a) The exemption period shall be for ten (10) years,
beginning January 1st following the year in which final approval is
given by the City Commission and the Palm Beach County Property
Appraiser has been instructed to provide such exemption. However, the
City Commission shall have the discretion to set a lesser term if
requested by the property owner in the original application.
(b) The term of the exemption shall be specified in
the resolution approving the exemption and shall continue regardless
of any changes in the authority of the City to grant such exemption or
change in ownership of the property. To retain an exemption, the
historic character of the property and the improvements which
qualified the property for an exemption must be maintained in their
historic state over the period for which the exemption was granted.
(4) Effective Date of Exemption.
The effective date of the tax exemption shall be
January I of the year following the year in which a historic
preservation exemption covenant is recorded and a copy of the Final
Application and resolution of the City Commission, as approved, have
been transmitted to the Palm Beach County Property Appraiser.
- 2 - Ord. No. 50-96
(5) Qualifyinq Properties and Improvements.
(a) The following real property in .the City is
qualifying property for the purposes of this ordinance if at the time
the exemption is approved by the City Commission, the property:
(i) is individually listed in the National
Register of Historic Places pursuant to the
National Historic Preservation Act of 1966,
as amended, or
(ii) is a contributing property to a National
Register-listed district; or
(iii) is designated as a historic property, or as a
contributing property to a historic district,
under the terms of the City's historic
preservation ordinance; and
(iv) has been certified by the Historic
Preservation Board as satisfying (a)(i),
(ii), or (iii).
(b) For an improvement to a historic property to
qualify the property for an exemption, the improvement must:
(i) be consistent with the United States
Secretary of the Interior's Standards for
Rehabilitation, as amended;
(ii) be determined by the Historic Preservation
Board to meet criteria established in rules
adopted by the Department of State, Division
of Historical Resources, FAC 1A-35, as
amended, and
(iii) be consistent with Section 4.5.1(E),
"Development Standards", of the City's Land
Development Regulations; and
(iv) include, as part of the overall project,
visible improvements to the exterior of the
structure.
- 3 - Ord. No. 50-96
(6) Evaluation of Property Used for Government or Nonprofit
Purposes.
(a) For purposes of the exemption under Section
196.1998, Florida Statutes, a property is being used for government or
nonprofit purposes if the sole occupant of at least 65 percent of the
useable space is an agency of the federal, state or a local government
unit or a nonprofit organization certified by the Department of State
under Section 617.013, Florida Statutes.
(b) For purposes of the exemption under Section
196.1998, Florida Statutes, a property is considered regularly and
frequently open to the public if public access to the property is
provided not less than 12 days a year on an equitably spaced basis,
and at other times by appointment. Nothing herein shall prohibit the
owner from charging a reasonable nondiscriminatory admission fee,
comparable to fees charged at similar facilities in the area.
(7) Application for Exemption.
Any property owner, or the authorized agent of the
owner, that desires an ad valorem tax exemption for the improvement of
an historic property must file a written application with the Planning
and Zoning Department'. The application shall be made on the two-part
Historic Preservation Property Tax Exemption Application, approved by
the State of Florida, Division of Historical Resources. Part 1 of the
application, the Preconstruction Application, shall be submitted
before qualifying improvements are initiated and Part 2, the Final
Application/Request for Review of Completed Work, shall be submitted
upon completion of the qualifying improvements. The Final Application
shall contain the Historic Preservation Exemption Covenant, as
provided for herein.
(8) Part 1, Preconstruction Application.
A Preconstruction Application shall be filed with the
Planning and Zoning Department before the qualifying project is
initiated. The Preconstruction Application shall also contain
information concerning the proposed cost of the qualifying improvement
and be accompanied by a copy of the most recent tax bill from the Palm
Beach County Property Appraiser for the property. Upon receipt of the
Preconstruction Application, the Historic Preservation Planner shall
review the application and determine whether the application is
complete and whether the property satisfies the requirements of
Section 4.5.1(M) (5) (a) and is therefore eligible for review by the
Historic Preservation Board.
- 4 - Ord. No. 50-96
(9) Review of Preconstruction Application by the Historic
Preservation Board.
(a) The Historic Preservation Board shall review the
Preconstruction Application within 60 days of the Historic
Preservation Planner's determination of eligibility. The exterior
portion of the work shall be reviewed in accordance with the
CertifiCate of Appropriateness process simultaneously with the Part 1,
Preconstruction Application. If site plan approval or a variance is
required for the project, the respective applications shall be
presented to the Historic Preservation Board in conjunction with the
Certificate of Appropriateness review process. A Preconstruction
Application which requires a Certificate of Appropriateness shall not
be considered until the Certificate of Appropriateness is approved by
the Historic Preservation Board.
(b) If the Historic Preservation Board determines that
the work as proposed is a qualifying improvement and is in compliance
with the review standards contained in Section 4.5.1(M) (5), the
Preconstruction Application and, if applicable, the Certificate of
Appropriateness shall be approved by the Historic Preservation Board,
and the Board shall issue a written order to the applicant.
(c) If the Historic Preservation Board determines that
the work as proposed is not a qualifying improvement or is not in
compliance with the review standards contained in Section 4.5.1(M) (5),
the applicant shall be so advised in writing.
(10) Issuance of Other Permits or Approval.
The Building Department must review and approve all
Preconstruction Applications with respect to the applicable code
requirements before issuing a building permit. The Building
Department shall review all plans prior to the Historic Preservation
Board's review.
(11) Part 2, Final Application/Request for Review of
Completed Work.
(a) If the Historic Preservation Board determines that
the work is a qualifying improvement and is in compliance with the
review standards contained in Section 4.5.1(M) (5), the Board shall
approve the Final Application/Request for Review of Completed Work and
issue a written order to the applicant. The City will inspect the
completed work to verify such compliance. The review of the Historic
Preservation Board shall be completed within thirty (30) days of the
receipt of the Final Application/Request for Review of Completed Work.
- 5 - Ord. No. 50-96
(b) The Final Application/Request for Review of
Completed Work shall be accompanied by documentation of the total cost
of the qualifying improvements. Appropriate documentation may
include, but is not limited to, paid contractor's bills, AIA Form
702-703, cancelled checks, and an approved building permit application
listing the cost of work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work and all required
supporting documents, the Historic Preservation Board shall conduct a
review at a regularly scheduled public meeting to determine whether or
not the completed improvements are in compliance with the work
described in the Preconstruction Application, approved amendments, if
any, and Section 4.5.1(M) (5) (b). After the above review, the Historic
Preservation Board shall recommend that the City Commission grant or
deny the exemption.
(c) If the Historic Preservation Board determines that
the work as completed is either not a qualifying improvement or is not
in compliance with the review standards contained in Section
4.5.1(M) (5), the applicant shall be advised that the Final Application
has been denied. Such denial shall be in writing and the Historic
Preservation Planner shall provide a written summary of the reasons
for the determination.
(12) Appeal to the Historic Preservation Board's Decision.
Review and reversal of any action taken by the Historic
Preservation Board is appealable to the City Commission pursuant to
Section 2.4.7(E), "Appeals"
(13) Approval by the City Commission.
Upon approval of a Final Application/Request for Review
of Completed Work by the Historic Preservation Board, the Final
Application shall be placed by resolution on the agenda of the City
Commission for approval. The resolution of the City Commission
approving the Final Application shall provide the name of the owner of
the property, the property address and legal description, require the
owner to record the restrictive covenant as provided in Section
4.5.1(M) (14) in the official records of Palm Beach County as a
condition of receiving the exemption, the period of time the exemption
will remain in effect, and the expiration date of the exemption.
- 6 - Ord. No. 50-96
(14) Historic Preservation Exemption Covenant.
(a) To qualify for an exemption, the applicant must
sign and return the Historic Preservation Exemption Covenant with the
Final Application/Request for Review of Completed Work. The covenant
shall be in a form as established by the Department of State, Division
of Historical Resources, and applicable for the term for which the
exemption is granted and shall require the character of the property
and qualifying improvements to be maintained during the period that
the exemption is granted.
(b) On or before the effective date of the exemption,
the owner of the property shall have the covenant recorded in the
official records of Palm Beach County, Florida, and shall cause a
certified copy of the recorded covenant to be delivered to the
Historic Preservation Planner. Such covenant shall be binding on the
current property owner, transferees, and their heirs, assigns and
successors. A violation of the covenant shall result in the property
owner being subject to the payment of the differences between the
total amount of the taxes which would have been due in March of each
of the previous years in which the covenant or agreement was in effect
had the property not received the exemption and the total amount of
taxes actually paid in those years, plus interest on the difference
calculated as provided in Sec. 212.12(3), Florida Statutes.
(15) Completion of Work.
(a) An applicant must complete all work within two (2)
years following the date of approval of a Part 1 Preconstruction
Application by the Historic Preservation Board. A Preconstruction
Application shall be automatically revoked if the property owner has
not submitted a Final Application/Request for Review of Completed Work
within two (2) years following the date of approval of the
PreconstructionApplication.
(b) The City Commission, upon the recommendation of
the Historic Preservation Board, may extend the time for completion of
a substantial improvement in accordance with the procedures of the
City's Building Code.
- 7 - Ord. No. 50-96
(16) Notice of Approval to the Property Appraiser~.
(a) Upon the receipt of a certified copy of the
recorded restrictive covenant by the Historic Preservation Planner,
the Preservation planner shall transmit a copy of the approved Final
Application/Request for Review of Completed Work, the exemption
covenant and the resolution of the City Commission approving the Final
Application and authorizing the tax exemption to the Palm Beach County
Property Appraiser.
(b) The resolution approving an historic tax exemption
must be filed with the Palm Beach County Property Appraiser on or
before March 1st of the year in which an exemption is requested.
(17) Revocation Proceedinqs.
(a) The Historic Preservation Board may initiate
proceedings to revoke the ad valorem tax exemption provided herein, in
the event the applicant, or subsequent owner or successors in interest
to the property, fails to maintain the property according to the
terms, conditions and standards of the Historic Preservation Exemption
Covenant.
(b) The Historic Preservation Board shall provide
notice to the current owner of record of the property and hold a
revocation hearing in the same manner as in Section 4.5.1(M) (11), and
make a recommendation to the City Commission.
(c) The City Commission shall review the
recommendation of the Historic Preservation Board and make a
determination as to whether the tax exemption shall be revoked.
Should the City Commission determine that the tax exemption shall be
revoked, a written resolution revoking the exemption and notice of
penalties as provided in Paragraph 4 of the covenant shall be provided
to the owner, the Palm Beach County Property Appraiser, and filed in
the official records of Palm Beach County.
(d) Upon receipt of the resolution revoking the tax
exemption, the Palm Beach County Property Appraiser shall discontinue
the tax exemption on the property as of January 1st of the year
following receipt of the notice of revocation.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 8 - Ord. No. 50-96
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
immediately upon its passage on second and final reading.
. PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of November, 1996.
First Reading November 5, 1996
Second Reading November 19~ 1996
- 9 - Ord. No. 50-96
A PUBLIC HEARING ~11 ~ held
~ t~lowi~g ~ ordirmr~es
m~), ~ ~ C~ ~m~
~, ~ N.W. I~ A~,
~. TM ~
~. ~1 ~ ~ are i~[
AN ORDINANCE OF THE CITY
MINION OF THE CITY OF DELRAY~
ffEACH, FL~IDA, ~EZONING AND
P~CING ~ND PRESENTLY
ZONED ~ (GENE~L C~ER-
CI~) DISTRICT IN THE CF
(C~UNITY FACILITIES) D
TRICT; ~tD ~ND ~EING L~AT*~
ED ON THE E~T S~DE OF N.W
AVENUE APPROXI~TELY
FEET NORTH OF AT~NT C AVE.~
RUE, AS ~RE PARTICU~RLY~
~SCRIBED HERE~H, AND AS~I.
ATED WITH GREATER MOUNT OL.
IVE MI~IO~ARY ~APTIST
CHURCH; ~ENDING ~ONiNG
~P OF DELRAY BEACH, FLORI.
DA, lffd; PROVIDING A GENERAL~
REPEALER C~USE, A ~VING
C~USE, AND AN EFFECTIVI
AN ORDINANCE OF THE C~ C~
MISSION ~ THE CITY OF DELRAY
~EACH, FLORIDA, ~ENDfNG AR-
TICLE 43, ~VER~Y AND ENVI*
R~MENTAL ~NAGEMENT
TRICT~, OF THE ~ND DEVELOP*
MENT REGU~TIONS OF THE CITY
~ DE~RAY BEACH, FLORIDA,
ENACTING A N~W
4J.I(M), ~ EXEMPT?ON FOR
HISTORIC PROPERTIES; TO
T~RiZE AD VALOREM T~ EX*
EMPTIONS FOR HISTORIC PROP-
ERTIES; ESTABLISHING REQUIRE*
MENTS AND PR~EDURES;
HATING THE HISTORIC PRESER.~
VATION ~ARD TO REVIEW APPLh
~TIONS AND ~KE
~TION$ TO THE CITY
S1~; ESTABLISHING PENALTIES;
PROVIDING A ~VING C~USE, A
REPEALER C~U~E, AND AN EF-
FE~IVE ~TE.
AN ORDINANCE ~ THE CITY C~
~J~l~ OF THE C}~Y OF ~L~AY
lEACH, FLORID~ A~PTING CO~
PREHENSIVE P~N ~EN~ENTi
~IA PURSUANT TO THE PROVI.
SI~$ OF THE %~AL ~VER~
RING AND ~ND DEVE~PMENT
REGU~TI~ AC~, FL~I~
~ATUTES $E~1~$
THR~GH ~, INCLUSIVE;
~L AS ~RE PARTICU~RLY
~R]BED IN EXHIEIT ~A~ ENTI.
T~D ~PREHENS~VE P~N
~EN~ENT ~lA~ AgD INCOR~
RATED HEREIN BY REFERENCE;;
~OV D NG A ~VING C~USE,
GENERAL REPEALER C~USE,
~D AN EFFECTIVE
AN ~DINA~E ~ THE CITY C~
~I~ION ~ THE CITY ~
BEACH, FLORI~, ~ENDING SEC-
TI~ 4.4.~, ~ENERAL C~ER-
CiAL (~) DISTRICt, SUBSECTION
&L~(D), ~ONDITIONAL USES AND
STRUCTURES ~L~E~, AND
4~.flG),
~UPPLEMENTAL DISTRICT REGU.
~TI~, OF THE ~ND DEVEL*
OPMENT REGU~TIONS OF THE
CITY ~ DEL~Y ~EACH, TO
VIDE FOR THE NORTH FEDERAL
HIGHWAY OVERLY DISTRICT;
~ENDtNG ARTICLE 43,
~VER~Y AND ENVIRONMENTAL
~NAGEMENT DISTRICT~, OF
~ID ~ND ~VELOPMENT REGU-
~TIONS, BY ENACTING SECTION
4~.l, ~HE NORTH FEDERAL HIGH-
WAY ~ER~Y D(STRIC~, TO DE-
FINE AND ESTABLISH ~ID OVER*
~Y DISTRI~; PROVIDfNG A GEN-
ERAL REPEALER C~USE, A ~V-
f~ C~USE, AND AN EFFECTIVE
~TE
AN ORDINANCE OF THE CiTY COM-
MISSION OF THE CITY OF DELRAY
EEACH, FLORIDA, A~ENO~NG OR.
DINANCE 33~ ENACTING CHAP.
TER ~, ~GARBAOE AND TRASH',
OF THE CODE OF ORDINANCES OF
THE C~TY OF DELRAY BEACH, ~Y
~ENDING SECTION Sl.01,
~EFINITIO~S', TO ADD AND DE-
LETE CERTAIN DEFIN;TIONS;
~ENDING SECTIONS 51.~,
~UMPING ON PROPERTY OWNED
~Y OTHERS PROHtBITE~,
~UILDING ~TER[ALS~, ~,~1,
· ~ERCIAL ~NDSCAPE OR
~w~ ~I~TENANCE BUS/NESS;
RESPONSIBILITY FOR TRASH COL.
LECTIO~, ~1.~, ~EGETATWE
W~TE', ~.~, *BULK TRASH', Sl~,
~O~TA~NERS ~EGU)RED FOR
RESIDENTIAL ARD C~,ERC[AL
StTE~, Sl~. ~INIENANCE OF
C~TAINERS*, Sl.~, *P~CEMENT
~ CONTAINERS AND TRASH;
PRECOLLECTIONPRACTICES*,
~.~, ~ONSTRU~TION AND DEM~
LITI~ SITES', ~1.~1. 9AY~ENT
AND BILLtNG~, ~,~, ~ETHOD OF
~ILLING~, ~1.~, ~ELI~GUEHT
PAYMENTS; LIE~, AND
· ER~ BILLED FOR WATER
SHALL BE RES~N~IBLE FOR
~RGES' TO PROVIDE C~RIFJ.
CATION; BY ~ENDING SECTION
~.11, qYPES OF SERVICES PR~
VIDEO ~OR PICKING UP GARBAGE
AND TRASH', TO PROVIDE C~RI-
FI~TION AND PROVIDING THAT~
THE SUBDiViSION OF '~PANISH
WELLS SHALL RECEIVE
REAR-~IDE-~R SERVICE
A~D TO PROVIDE FOR A CURB-
SIDE DIe.SAbLE BAG SERWCE
WITH CENTRALIZED VEGETATWE
AND BULK PICKUP; BY ~EN~
lNG SECTION ~1.3~, ~SE OF OTHER
UNITS AND CONTklNERS', TO PR~
VIDE FOR COLLECTION
ROL~OFF C~PACTORS FOR RESt.
DENTIAL UNITS; BY ~ENDING
ES LEWES, TO PROVIOE A RATE
FOR THE CURBSIDE DIS~ABLE
VEGETATWE AND BULK P)CKUP;
PROVIDING A SAV)~G C~USE,
GENERAL REPEALER C~USE,
AND AN EFFECTIVE DATE.
~ ~re ~ r~d. ~ent
F.S. ~.~1~.
OTY OP DELRAY EEACH
CITY OF DELRAY BEACH~ FLORIDA NOTICE OF PUBLIC HEARI5~]
A PUBLIC HEARING will be held on the following proposed ordinances at
7:00 p.m. on TUESDAY~ NOVEMBER 19, 1996 (or at any continuation of
such meeting which is set by the Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time
the City Commission will consider their adoption. The proposed
ordinances maybe inspected at the Office of the City Clerk at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of
8:00 a.m. and 5:00 p.m., MDnday through Friday, except holidays. All
interested parties are invited to attend and be heard with respect to
the proposed ordinances.
ORDINANCE NO. 48-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMEREIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE APPROXIMATELY
200 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND ASSOCIATED WITH GREATER MOUNT OLIVE MISSIONARY BAPTIST
CHURCH; AMENDING "ZONING MAP OF' DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
ORDINANCE NO. 50-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT
DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5. i(M), "TAX EXEMPTION
FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR
HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES;
DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND
MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES;
PRDVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 51-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT TO THE
PRDVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES SECTIONS 163.3161
THBDUGH 163. 3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED COMPREHENSIVE PLAN AMENDMENT 96-1A" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALRR CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 53-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION 4.4.9 (D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", AND
SUBSECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR
THE NORTH FEDERAL HIGH~Y OVERLAY DISTRICT; AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRf)NMENTAL MANAGEMENT DISTRICTS", OF SAID LAND
DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.7, "THE NORTH FEDERAL
HIGH~AY OVERLAY DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY
DISTRICT; PROV/DING A GENERAL REPEALW. R CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 55-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS" , TO ADD AND DELETE CERTAIN
DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY
OTHERS PROHIBITED", 51.20, "BUILDING MATERIALS", 51.21, "COMMERCIAL
LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION", 51.22, "VEGETATIVE W~STE", 51.23, "BULK TRASH", 51.35,
"CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39,
"MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND
TRASH; PRECOLr.W. CTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLITION
SITES", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING",
51.73, "DELINQUENT PAYMENTS; LIEN", AND 51.75, "PERSON BIr.r.W.D FOR
WATER SHALL BE RESPONSIBLE FOR CHARGES" TO PRfIVIDE CLARIFICATION; BY
AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP
GARBAGE AND TRASH", TO PROVIDE CLARIFICATION AND PROVIDING THAT THE
SUBDMSION OF SPANISH WELLS SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE
AND TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED
VEGETATIVE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER
UNITS AND CONTAINERS", TO PR/)VIDE FOR COLLECTION OF BDLLOFF COMPACTORS
FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHAB~ES
LEVIED", TO PRfTJIDE A RATE FOR THE CURBSIDE DISPOSABLE BAG SERVICE
WITH CE~I~ALIZED VEGETATIVE AND BULK PICKUP; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
hearing, such person will need to ensure that a verbatim record
includes the testimony and evidence upon which the appeal is to be
based. The City does not provide nor prepare such record. Pursuant
to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 8, 1996 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a standard legal ad to be placed
in the legal/classified section. Thank you.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANGER
SUBJECT: AGENII% ITEM # /0 F ~- REGULAR MEETING OF NOVEMBER 19t 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 50-96
(PROPERTY TAX EXEMPTION FOR CERTAIN IMPROVEMENTS TO HISTORIC
PROPERTIES )
DATE: NOVEMBER 15, 1996
This is second reading and public hearing for Ordio~nce No. 50-96 which
amends LDR Section 4.5.1, "Historic Preservation Sites and Districts", by
allowing for an exemption to certain property taxes when associated with
improvements to historic properties.
A similar ordinance was considered by the Commission in June, 1995. The
Commission expressed concern that the ordinance did not require that
improvements be made to the exterior of structures, and the ordinance
failed on second reading by a 3 to 2 vote. The Historic Preservation Board
requested that the ordinance be considered again since its implementation
would be another means of promoting preservation in Delray Beach. Changes
have been made to the ordinance to ensure that the improvements visibly
improve the exterior of a property and therefore improve the neighborhood.
The Planning and Zoning Board formally considered the amendment on October
21, 1996, and voted unanimously to recommend that it be approved. At first
reading on November 5, 1996, the Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 50-96 on second aox~ final reading.
ref: agmemo 11
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ 4'- MEETING OF NOVEMBER 5, 1996
ORDINANCE NO. 50-96/PROPERTY TAX EXEMPTION FOR CERTAIN
IMPROVEMENTS TO HISTORIC PROPERTIES
DATE: NOVEMBER 1, 1996
This is first reading for Ordinance No. 50-96 amending the Land
Development Regulations Section 4.5.1 "Historic Preservation
Sites and Districts" allowing for a property tax exemption for
certain improvements to historic properties.
This item was denied by the Commission in June, 1995. This
amendment addresses the concern expressed by the Commission when
first presented, that the ordinance did not require that
improvements be made to the exterior of structures. These
changes have been made to the ordinance to ensure that the
improvements being made will affect the exterior of the
structure. This amendment adds to subsection 4.5.1(M) a tax
examption for the restoration, renovation or rehabilitation of
qualifying historic properties designated in Section 4.5.1(M) (4).
For an improvement to an historic property to qualify for an
exemption, the improvement must "include, as part of the overall
project, visible improvements to the exterior of the structure."
The Planning and Zoning Board considered this item at its meeting
of October 21, 1996 and recommended unanimously that the
amendment be adopted.
Recommend approval of Ordinance No. 50-96 on first reading. If
passed, second reading and public hearing is November 19, 1996.
TTT
TO: DAVID T. HARDEN
FROM: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING ANI~ ZONING
SUBJECT: MEETING OF NOVEMBER 5, 1996
AMENDMENT TO THE LDRs ALLOWING FOR A PROPERTY TAX
EXEMPTION ASSOCIATED WITH IMPROVEMENTS TO HISTORIC
PROPERTIES
The item before the Commission is an amendment to Section 4.5.1 of the Land Development
Regulations (LDRs), Historic Preservation Sites and Districts, adding Subsection (M) allowing
for an exemption to certain property taxes when associated with improvements to historic
properties.
This item was before the City Commission in June of 1995, but was denied 3-2 for various
reasons. The Historic Preservation Board has requested that it be reconsidered. It has been
modified somewhat to address some of the concerns previously expressed by the Commission.
Additional background and analysis is provided in the attached Planning and Zoning Board
documentation.
I
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The Planning and Zoning Board consJdered this item at Jts meetJng of October 21, 1996. There
was no public testimony on the item. The Board recommended unanimously that the
amendment be adopted.
By motion, approve the amendment to LDR Section 4.5.1, Historic Preservation Sites and
Districts, by adding subsection 4.5.1(M), "Tax Exemption for Historic Properties."
Attachments:
· P & Z Staff Report with Proposed Ordinance
MEETING OF: OCTOBER 21, 1996
AGENDA ITEM: IV.D. AMENDMENT TO SECTION 4.5.1 OF THE LAND
DEVELOPMENT REGULATIONS ALLOWING FOR A TAX
EXEMPTION FOR IMPROVEMENTS TO HISTORIC
PROPERTIES
The item before the Board is a recommendation to the City Commission regarding an
amendment to the Land Development Regulations that would allow for an exemption
from certain property taxes when associated with improvements to historic properties.
On November 3, 1992, Florida voters approved an amendment to the state constitution
that allows local governments to provide a property tax exemption on increases in
assessed values that result from improvements to historic properties. The Florida
Legislature enacted Sections 196.1997 and 196.1988 to govern the allowance of such
exemptions. The goal of this legislation is to encourage preservation and rehabilitation
of historic properties and to assist in efforts to revitalize older neighborhoods and
commercial areas.
The ordinance was previously considered by the City Commission in June of 1995. The
Commission expressed concern that the ordinance did not require that improvements
be made to the exterior of structures. The ordinance passed on first reading, but failed
to pass on second reading by a 3-2 vote.
The Historic Preservation Board (HPB) has requested that the ordinance be considered
again. Changes have been made to the ordinance to ensure that the improvements
being made will affect the extedor of the structure.
IV.D.
P&Z Board Memorandum Staff Report
LDR Amendment: Historic Properties Tax Exemption
Page 3
Similar ordinances have been adopted in West Palm Beach, the Town of Palm Beach,
Coral Gables, Palm Beach County, and numerous other counties and cities throughout
the state. Delray Beach has been on the cutting edge of historic preservation in the
South Florida area, and it is appropriate that we implement the tax exemption ordinance
as another means of promoting preservation.
By motion, recommend that the City Commission adopt the amendment to Section
4.5.1, Historic Preservation Sites and Districts, by adding subsection 4.5.1(M), "Tax
Exemption for Historic Properties" as attached.
Attachments:
· Example Tax Exemption Calculation
· Proposed ordinance
P&Z Board Memorandum Staff Report
LDR Amendment: Histodc Properties Tax Exemption
Page 2
The attached ordinance has been drafted with the following objectives in mind:
Encourage restoration, renovation, and rehabilitation without adversely affecting the
property tax base or finances of the City.
Assure that the work visibly improves the exterior of the property and therefore
improves the neighborhood.
· Assure that the program is easy to administer by the City.
· Assure that the incentive is significant enough that property owners will want to
participate.
The ordinance provides that a property will qualify for tax exemption if it is individually
listed on the National Register of Historic Places; is individually listed on the Local
Register of Historic Places; or is a contributing (historic) structure located within one of
the City's historic districts.
The tax exemption will apply to the increase in assessed value that results from.
improvements made to the property (see example). It will be .available to owners of
qualifying residential and commercial properties for a period of up to ten (10) years.
The exemption will apply to taxes levied by the City, except for those taxes levied for
payment of bonds, or those authorized by a vote of the electors. The exemption does
not apply to personal property.
The Planning and Zoning Department's Historic Preservation Planner will administer the
exemption program. All applications will be submitted on a form which has been
adopted by the Department of State and all applications will be reviewed by the HPB
through the Certificate of Appropriateness process. After reviewing the application at a
public meeting the HPB will make a recommendation to the City Commission as to
whether or not the exemption will be granted. The applicant must complete the
renovations within 2 years of making application. The exemption becomes effective on
January 1 of the year following completion of the work. It will continue to be in effect
even if the property changes hands. During the exemption period, the property must
be maintained in accordance with the terms, conditions, and standards of the Historic
Preservation Exemption Covenant, or it can be revoked.
EXAMPLE OF OWNER OCCUPIED RESIDENTIAL PROPERTY
Property Value $100,000.00
Homestead Exemption - 25,000.00
Taxable Value - 75,000.00
City Taxes/Year (8 Mils) i~ii$~ii~!ii~?~ii?~iiiiiiiii610Di~iliiii!i!i!iii!i
Property Value $130,000.00
Homestead Exemption - 25,000.00
Taxable Value -105,000.00
City Taxes/Year (8 Mils) iiii$ii~iii~i~:ii!~iii!~i!~i~40~O0~iiiii:.i:~:
Property Value $130,000.00
Homestead Exemption - 25,000.00
Taxable Value -105,000.00
Property Taxes/year ($75,000 @ 8 Mils) + 840.00
Taxes/year on $30,000 Improvements @ 1.14 Mils + 34.00
Tax Savings Per Year !ii$ii?~?iil !ii~.iiiii2~i~iiiiiiiiiiiiiiii::
Total Savings for 10 Years iiiii$i?i!ii!!!:-~:!~iiO~!i~iiiiiiiii
S:PLANNI/DOCUME/REPORTS/PZTXTBL. DOC
ORDINANCE NO. 50-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, BY' ENACTING A NEW
SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC
PROPERTIES", TO AUTHORIZE AD VALOREM TAX
EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE
HISTORIC PRESERVATION BOARD TO REVIEW
APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION; ESTABLISHING PENALTIES; PROVIDING A
SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the citizens of Florida amended the Florida Constitution,
Article 7, Section 3(e), to authorize counties and municipalities to grant a partial ad
valorem tax exemption to owners of historic properties for improvements to such
properties which are the result of the restoration, renovation or rehabilitation of the
historic properties; and
WHEREAS, the Florida legislature enacted Sections 196.1997 and
196.1998, Florida Statutes (1992) to govern the allowance of such exemptions; and
WHEREAS, the City Commission desires to create a partial ad valorem
tax exemption for qualifying improvements of historic properties as a means to
encourage more restoration, renovation and rehabilitation of such properties and to
stabilize and improve property values in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.5, "Overlay and Environmental Management
Districts", Section 4.5.1, "Historic Preservation Sites and Districts", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic
Properties", to read as follows:
(M) Tax Exemption for Historic Properties.
(1) The City Commission hereby creates a tax exemption for the
restoration, renovation or rehabilitation of qualifying historic properties designated in
Section 4.5.1(M)(4). Qualifying properties shall be exempt from that portion of ad
valorem taxation levied by the City of Delray Beach on 100% of the increase in
assessed value resulting from any renovation, restoration or rehabilitation of the
qualifying property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant to
Section 9(b) or Section 12, Article 7 of the Florida
Constitution; or
(c) Personal property.
(3) Duration of Tax Exemption
(a) The exemption period shall be for ten (10) years, beginning
January 1st following the year in which final approval is
given by the City Commission and the Palm Beach County
Property Appraiser has been instructed to provide such
exemption. However, the City Commission shall have the
discretion to set a lesser term if requested by the property
owner in the original application.
(b) The term of the exemption shall be specified in the
resolution approving the exemption and shall continue
regardless of any changes in the authority of the City to
grant such exemption or change in ownership of the
property. To retain an exemption, the historic character of
the property and the improvements which qualified the
property for an exemption must be maintained in their
historic state over the period for which the exemption was
granted.
(4) Effective Date of Exemption: The effective date of the tax
exemption shall be January 1 of the year following the year in which a historic
preservation exemption covenant is recorded and a copy of the Final Application and
resolution of the City Commission, as approved, have been transmitted to the Palm
Beach County Property Appraiser.
(5) Qualifyin,q Properties and Improvements.
(a) The following real property in the City is qualifying property
for the purposes of this ordinance if at the time the
exemption is approved by the City Commission, the
property:
(i) is individually listed in the National Register of
Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended, or
2 ORD. NO. 50-96
(ii) is a contributing property to a National Register-listed
district; or
(iii) is designated as a historic property, or as a
contributing property to a historic district, under the
terms of the City's historic preservation ordinance;
and
(iv) has been certified by the Historic Preservation Board
as satisfying (a)(i), (ii), or (iii).
(b) For an improvement to a historic property to qualify the
property for an exemption, the improvement must:
(i) be consistent with the United States Secretary of the
Interior's Standards for Rehabilitation, as amended;
(ii) be determined by the Historic Preservation Board to
meet criteria established in rules adopted by the
Department of State, Division of Historical
Resources, FAC 1A-38, as amended;
(iii) be consistent with Section 4.5.1(E), "Development
Standards", of the City's Land Development
Regulations; and
(iv) include, as part of the overall project, visible
improvements to the exterior of the structure.
(6) Evaluation of Property Used for Government or Nonprofit
Purposes.
(a) For purposes of the exemption under Section 196.1998,
Florida Statutes, a property is being used for government or
nonprofit purposes if the sole occupant of at least 65
percent of the useable space is an agency of the federal,
state or a local government unit or a nonprofit organization
certified by the Department of State under Section 617.013,
Florida Statutes.
3 ORD. NO. 50-96
(b) For purposes of the exemption under Section 196.1998,
Florida Statutes, a property is considered regularly and
frequently open to the public if public access to the property
is provided not less than 12 days a year on an equitably
spaced basis, and at other times by appointment. Nothing
herein shall prohibit the owner from charging a reasonable
nondiscriminatory admission fee, comparable to fees
charged at similar facilities in the area.
(7) Application for Exemption.
(a) Any property owner, or the authorized agent of the owner,
that desires an ad valorem tax exemption for the
improvement of a historic property must file a written
application with the Planning and Zoning Department. The
application shall be made on the two-part Historic
Preservation Property Tax Exemption Application, approved
by the State of Florida, Division of Historical Resources.
Part 1 of the application, the Preconstruction Application,
shall be submitted before qualifying improvements are
initiated and Part 2, the Final Application/Request for
Review of Completed Work, shall be submitted upon
completion of the qualifying improvements. The Final
Application shall contain the Historic Preservation
Exemption Covenant, as provided for herein.
(8) Part 1, Preconstruction Application.
(a) A Preconstruction Application shall be filed with the
Planning and Zoning Department before the qualifying
project is initiated. The Preconstruction Application shall
also contain information concerning the proposed cost of the
qualifying improvement and be accompanied by a copy of
the most recent tax bill from the Palm Beach County
Property Appraiser for the property. Upon receipt of the
Preconstruction Application, the Historic Preservation
Planner shall review the application and determine whether
the application is complete and whether the property
satisfies the requirements of Section 4.5.1(M)(4)(a) and is
therefore eligible for review by the Historic Preservation
Board.
4 ORD. NO. 50-96
(9) Review of Preconstruction Application by the Historic Preservation
Board.
(a) The Historic Preservation Board shall review the
Preconstruction Application within 60 days of the Historic
Preservation Planner's determination of eligibility. The
exterior portion of the work shall be reviewed in accordance
with the Certificate of Appropriateness process
simultaneously with the Part 1, Preconstruction Application.
If site plan approval or a variance is required for the project,
the respective applications shall be presented to the Historic
Preservation Board in conjunction with the Certificate of
Appropriateness review process. A Preconstruction
Application which requires a Certificate of Appropriateness
shall not be considered until the Certificate of
Appropriateness is approved by the Historic Preservation
Board.
(i) If the Historic Preservation Board determines that the
work as proposed is a qualifying improvement and is
in compliance with the review standards contained in
Section 4.5.1(M)(4), the Preconstruction Application
and, if applicable, the Certificate of Appropriateness
shall be approved by the Historic Preservation Board,
and the Board shall issue a written order to the
applicant.
(ii) If the Historic Preservation Board determines that the
work as proposed is not a qualifying improvement or
is not in compliance with the review standards
contained in Section 4.5.1(M)(4), the applicant shall
be so advised in writing.
(10) Issuance of Other Permits or Approval.
(a) The Building Department must review and approve all
Preconstruction Applications with respect to the applicable
code requirements before issuing a building permit. The
Building Department shall review all plans prior to the
Historic Preservation Board's review.
5 ORD. NO. 50-96
(11) Part 2, Final Application/Request for Review of Completed Work.
(a) If the Historic Preservation Board determines that the work
is a qualifying improvement and is in compliance with the
review standards contained in Section 4.5.1(M)(4), the
Board shall approve the Final Application/Request for
Review of Completed Work and issue a written order to the
applicant. The City will inspect the completed work to verify
such compliance. The review of the Historic Preservation
Board shall be completed within thirty (30) days of the
receipt of the Final Application/Request for Review of
Completed Work.
(b) The Final Application/Request for Review of Completed
Work shall be accompanied by documentation of the total
cost of the qualifying improvements. Appropriate
documentation may include, but is not limited to, paid
contractor's bills, AIA Form 702-703, canceled checks, and
an approved building permit application listing the cost of
work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work and all
required supporting documents, the Historic Preservation
Board shall conduct a review at a regularly scheduled public
meeting to determine whether or not the completed
improvements are in compliance with the work described in
the Preconstruction Application, approved amendments, if
any, and Section 4.5. l(M)(4)(b). After the above review, the
Historic Preservation Board shall recommend that the City
Commission grant or deny the exemption.
(c) If the Historic Preservation Board determines that the work
as completed is either not a qualifying improvement or is not
in compliance with the review standards contained in
Section 4.5.1(M)(4), the applicant shall be advised that the
Final Application has been denied. Such denial shall be in
writing and the Historic Preservation Planner shall provide a
written summary of the reasons for the determination.
(12) Appeal to the Historic Preservation Board's Decision.
(a) Review and reversal of any action taken by the Historic
Preservation Board is appealable to the City Commission
pursuant to Section 2.4.7(E), "Appeals".
6 ORD. NO. 50-96
(13) Approval by the City Commission.
(a) Upon approval of a Final Application/Request for Review of
Completed Work by the Historic Preservation Board, the
Final Application shall be placed by resolution on the
agenda of the City Commission for approval. The resolution
of the City Commission approving the Final Application shall
provide the name of the owner of the property, the property
address and legal description, require the owner to record
the restrictive covenant as provided in Section 4.5.1(M)(13)
in the official records of Palm Beach County as a condition
of receiving the exemption, the period of time the exemption
will remain in effect, and the expiration date of the
exemption.
(14) Historic Preservation Exemption Covenant.
(a) To qualify for an exemption, the applicant must sign and
return the Historic Preservation Exemption Covenant with
the Final Application/Request for Review of Completed
Work. The covenant shall be in a form as established by
the Department of State, Division of Historical Resources,
and applicable for the term for which the exemption is
granted and shall require the character of the property and
qualifying improvements to be maintained during the period
that the exemption is granted.
(b) On or before the effective date of the exemption, the owner
of the property shall have the covenant recorded in the
official records of Palm Beach County, Florida, and shall
cause a certified copy of the recorded covenant to be
delivered to the Historic Preservation Planner. Such
covenant shall be binding on the current property owner,
transferees, and their heirs, assigns and successors. A
violation of the covenant shall result in the property owner
being subject to the payment of the differences between the
total amount of the taxes which would have been due in
March of each of the previous years in which the covenant
or agreement was in effect had the property not received the
exemption and the total amount of taxes actually paid in
those years, plus interest on the difference calculated as
provided in Sec. 212.12(3), Florida Statutes.
7 ORD. NO. 50-96
(15) Completion of Work.
(a) An applicant must complete all work within two (2) years
following the date of approval of a Part I Preconstruction
Application by the Historic Preservation Board. A
Preconstruction Application shall be automatically revoked if
the property owner has not submitted a Final
Application/Request for Review of Completed Work within
two (2) years following the date of approval of the
Preconstruction Application.
(b) The City Commission, upon the recommendation of the
Historic Preservation Board, may extend the time for
completion of a substantial improvement in accordance with
the procedures of the City's Building Code.
(16) Notice of Approval to the Property Appraiser.
(a) Upon the receipt of a certified copy of the recorded
restrictive covenant by the Historic Preservation Planner,
the Preservation Planner shall transmit a copy of the
approved Final Application/Request for Review of
Completed Work, the exemption covenant and the
resolution of the City Commission approving the Final
Application and authorizing the tax exemption to the Palm
Beach County Property Appraiser.
(b) The resolution approving an historic tax exemption must be
filed with the Palm Beach County Property Appraiser on or
before March 1st of the year in which an exemption is
requested.
(17) Revocation Proceedings.
(a) The Historic Preservation Board may initiate proceedings to
revoke the ad valorem tax exemption provided herein, in the
event the applicant, or subsequent owner or successors in
interest to the property, fails to maintain the property
according to the terms, conditions and standards of the
Historic Preservation Exemption Covenant.
(b) The Historic Preservation Board shall provide notice to the
current owner of record of the property and hold a
revocation hearing in the same manner as in Section
4.5.1(M)(10), and make a recommendation to the City
Commission.
8 ORD. NO. 50-96
(c) The City Commission shall review the recommendation of
the Historic Preservation Board and make a determination
as to whether the tax exemption shall be revoked. Should
the City Commission determine that the tax exemption shall
be revoked, a written resolution revoking the exemption and
notice of penalties as provided in Paragraph 4 of the
covenant shall be provided to the owner, the Palm Beach
County Property Appraiser, and filed in the official records of
Palm Beach County.
(d) Upon receipt of the resolution revoking the tax exemption,
the Palm Beach County Property Appraiser shall discontinue
the tax exemption on the property as of January 1st of the
year following receipt of the notice of revocation.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same 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 immediately upon
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
9 ORD. NO. 50-96