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Ord 68-06 (' DENIED /~ ~~ ~\~~\~\ " " ORDINANCE NO. 68-06 AN ORDINANCE OF THE CIlY COMMISSION OF THE CITY OF DELRAY ~EACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E) , "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRA Y BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4. 17 (A), "PURPOSE AND INTENT", AND 4.4. 17 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1 (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1 (E), "DEVELOPMENT STANDARDS", 4.5.1 (F), "RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC (' DENIED /~ PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNATIONOF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON- CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/ or individually designated historic properties; and WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live or own property in historic properties/districts. NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 2 ORD. NO. 68-06 {' " ~ DENIED Section 1.4.3 Enforcement: (A) Code Enforcement Board/Hearing Officer and County Court: When The City Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code. au A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and other remedies set forth herein. .(C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. (0) The neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 1.4.4 Penalty: (A) Violation of the provisions of these Regulations, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses shall constitute a punishable violation. Any person who violates these Regulations, or fails to comply with any of its requirements, may be issued a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City's Code of Ordinances. and shall upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (B) The owner or tenant of any building, structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein. (C) In addition to any and all other penalties, any person who carries out or causes to be carried out any work in violation of Section 4.5.1 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 its certificate of appropriateness required by the 3 ORD. NO. 68-06 (' DENIED /' '\ Historic Preservation Board. (0) Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. (91.(E). Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) N6 An application for a Certificate of Appropriateness shall be defl::ied exeept by the -.-ote of four votffig members approved by a majority of the members present and voting. Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for Individually Designated Historic Structures, Properties Sites and all Properties Located within ift Historic Districts: (1) Rule: A Certificate of Appropriateness shall be required for the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: (a) Aay site plan development llpplicatiofl which is processed 1:lfl.der these regulatiofls for which action is required bJ the Plllfifiiag and Zoning Board. Ww Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. 4 ORD. NO. 68-06 (' " "\ DENIED WDll Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except for those items specifically exempted by a list promulgated by the Director. {dJW A Certificate of Appropriateness shall also be required for any material change in existing walls, fences, roofs. windows. doors. sidewalks, hardscape features. and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or structure within a historic district. General, occasional maintenance shall 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 shall not include any of the activities described and defined in divisions (1) (a) through (1) (d) of this Section. A Certificate of Appropriateness will not be required for any interior alteration (except for designated historic interiors), 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. (2) Required Information: (a) Referred Developmeftt Applieations: When ltfl item is before the Board through referfal from ltflothcr approval or revicw bodJ, the submission material provided with the application supplemcnted ,"vith lldditioaal iflfortnation rcquired by thc Bolt1'd shall be pro-.-.idcd. l'.. Seplt1'lltc application i3 not rcquited. ~w Stftftd Alone Application: When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with any land development application, the following information in the form of photographs or plans shall be provided. as applicable: tat .1. Site plan and/ or survey; W 2. Building elevations, and/ or architectural drawings, and/or artistic sketches or renderings; (e) 3. Landscaping plan; {dJ 4. Floor plan(s); (e) 5. Samples of building materials and color chips; ffl- 6. Engineering reports, llS applicable; tgJ 7. Other material as may be reqtlcsted by the Histone Preservation 5 ORD. NO. 68-06 (' DENIED /' "\ BOllrd. Demolition Plans: 8. Window and door schedule providing specifications to include but not be limited to window type. material configuration. dimensions. and profile drawings: 9. Photographs of all existing elevations of the subject property. labeled with cardinal direction and address: 10. Other material as may be requested by the Planning and Zoning Department or Historic Preservation Board. 11. Infill Compatibility Survey Area Form. Also, a standard COA application form, accompanied by payment of a processing fee per 2.4.3(K) must be provided. (b) Class I-Class V Site Plan Applications: Applications for Class 1- Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction with additional information as required for a COA provided in (a). above. (3) Procedure: (ll) Referred Dev-elopmeftt }"A.pplieations: The Ceroocllt:e of l'~ ppropnateness process shall be incorporated \\-tth the normal processl:ftg of a dc.-dopment application. Upon reecipt of a wmplete applieation, the Planniag and Zoning Dcpartment shall notify thc Histone Preservatiofl Board of required CO.A. actions. The application shall be pllleed before the Board at its next ava1l11blc meetffig. An aetion on the CO.l'... must precede fInal aetion on the developmcnt applieation. Ww StaBd Alone Applications that go before the Historic Preservation Board: An application for a COA which does not require re-.-iew or lletiofl by another Beard that requires Board approval as provided in the matrix set forth in the Delray Beach Historic Preservation Design Guidelines shall be scheduled for review and action at the next available meeting of the Historic Preservation Board, at which time an action of approval, deaial, or approval of a modified application. continuance with direction. or denial may be taken. The Historic Preservation Board shall apply applicable ordinances. i Historic Preservation Guidelines and Secretary of Interior Standards for Rehabilitation. (Q) Administratively-Reviewed Applications: An application for a COA which does not require approval by the Historic Preservation Board as provided in the matrix in the Historic Preservation Design Guidelines may be approved administratively in accordance with applicable ordinances. Historic Preservation Design Guidelines. and Secretary of the Interior Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure compliance with the Standards contained in 4.5.1. 6 ORD. NO. 68-06 r' " '\ DENIED (5) Findings: The Board must mllke Prior to approval. a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1.. the Delray Beach Historic Preservation Design Guidelines. and the Secretat;y of the Interior Standards for Rehabilitation. Section 5. That Section 3.2.4, "Standards for Specific Areas or Purposes", Subsection 3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts and Sites: That the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1. and the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4.1.4(E), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 7 ORD. NO. 68-06 (' " "\ DENIED Section 4.1.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (E) A variance for lot size. dimension and setbacks may be granted for the relocation of an historic structure onto a lot regardless of the zoning district in order to protect the structure and assist with protection of historic structures. If the relocation lot is not designated historic. then historic designation shall be required in accordance with Section 4.5.1 (C) and shall be reviewed concurrently therewith in order for a variance to be granted. All variance requests for relocation of historic structures must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (0) and Q) for consideration. Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.3.3 Special Requirements for Specific Uses: (Q) Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises. (2) The structure shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. (4) When located on individually designated historic properties or within designated historic districts. the structure shall not exceed the height of the principal structure. Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: 8 ORD. NO. 68-06 (' DENIED " '\ Section 4.4.17 Residential Office (RO) District: (A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are ill the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive land use for historic districts and/or individually designated historic properties to provide for the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or when there is an existing structure on a property located within a designated historic district or an individually designated historic site. Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: DELETED (1).L11'!D (2).L1l\TD RENU},IBERED. (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. 9 ORD. NO. 68-06 (' / \ DENIED (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (H) Special District Regulations: (1) The gross floor area of residential units within a structure containing permitted non-residential use(s) shall not me exceed more than 50% of the gross floor area of the entire structure within which they are located. Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 (B), "Criteria for Designation of Historic Sites or Districts", 4.5.1 (E), "Development Standards", 4.5.1 (F), "Restrictions on Demolitions", 4.5.1(1), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", and 4.5.1 (L), "Designation of Historic Districts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, or historic district, or historic interior, or historic structure. individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (E) Development Standards: All development of individually designated historic properties and/ or properties located within historic districts. shall comply with the goals. objectives. and policies of these regulations. the Comprehensive Plan. the Delray Beach Historic Preservation Design Guidelines. and the Secretary of the Interior Standards for Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features will shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; 10 ORD. NO. 68-06 r' DENIED " '\ g mate (c) The type and style of all roofs, windows, doors, and signs. (2) Survey Area. For the purposes of this section. the survey area shall be confined to the historic district. and the term survey area shall mean: (a) The two (2) nearest homes on each side of the lot to be developed, if homes are across public right-of-way. they are to be utilized: (b) Any home directly to the rear of the lot to be developed: and (c) The four (4) nearest homes across the public right-of-way to the front of the lot to be developed. (d) If any of the lots on either side of the subject lot or across the public right -of-way is a vacant lot or a commercial lot. then it is to be removed from the calculation. and replaced by the next nearest lot that is not a vacant or commercial lot. (4) Infill Development. Infill development standards shall not apply to individuall desi ated ro erties sites buildin s and structures. For the oses of thi section. the term infill development shall mean: (a) construction of a new structure on a vacant lot: or additions involvin the construc . on reconstruction or alteration 0 any part of the front facade: or c the construction 11 ORD. NO. 68-06 (' DENIED " '\ cumulative manner from -fi!)(5) Buildi~, Structures, Appurtenances and ParkiORo The follovi~ Buildin structures. appurtenances and parking shall only be moved, reconstructed, altered, or maintained in accordance with this chapter, in a manner that will preserve the historical and architectur character of the building, structure, site, or district: (a) Bl:lildiags, structures, appurtefWlces. Ww Appurtenances~ Appurtenances includes, but ~ are not limited to, ston walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. a.1. Fences and Walls: f; a. Chain-link fences shall be cla in a een or black vin and shall onl be used in rear ards or where the are not visible from th street. ih b. All other provisions in Section 4.6.5 shall apply. a. The followin development: i!o(b) Parking: 12 ORD. NO. 68-06 r " DENIED " '\ to avoid excessive use 0 stonc ro erties an or ro ertles ocate ill s oric districts for parking. Parking lots shall strive to contribute to the historic nature of the properties / districts in which they are located rather than detract by use of creative design and landscaping elements to buffer parking areas from historic structures. At a minimum. the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right- of-way with fencing. landscaping. or a combination of the two pursuant to Section 4.6.5. c. Utilize existin buildings. d. Construct new curb cuts and street side drivewa s on! areas where they are appropriate or existed historically. e. Use a ro riate materials for poured in ribbons. f. Avoid driveway expansions and circular drives. -@1.(Q). Alterations. In considering proposals for alterations to the exterior of histori buildings and structures and in applying development and preservation standards, th documented, original design of the building may be considered, among other factors. {4} ill Standards and Guidelines. A historic site, or building, structure, sit, improvement, or appurtenance within a historic district shall be altered, restored, preserve , repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of th Interior's Standards for Rehabilitation and the Delta Beach Historic Preservation Des' Guidelines, as amended from time to time. -ES7 au Relocation. Relocation of historic buildings and structures to other sites shall n take place unless it is shown that their preservation on their existing or original sites is n t consistent with the purposes of this Section or would cause undue economic hardship to th 13 ORD. NO. 68-06 r' " '\ DENIED property owner. (6J.(2). Demolition. Demolition of historic sites, archaeological sites, or buildings structures, improvements, and appurtenances within historic districts will be regulated by th Historic Preservation Board in the manner described in Section 4.5.1 (F). A lications submitte for a demolition shall be accom anied b a com lete a lication for redevelo ment of th ro e . A rovals for demolition shall not be anted and the demolition shall not occur un . the redevelo ment a lication has been a roved and a buildin ermit has been issued for th redevelopment. sites adjoining or reasonably approximate to the fioa contributing buikling, strueture, or site. (a) He~ht: The height of proposed development shall be visually compatible in comparison or relation to the height of existing structures an buildings in a historic district. Visual com atibili with relation to he' ht shall be determine through application of the following height requirements: 14 ORD. NO. 68-06 (' " '\ DENIED wi 21 :JI >- H ~I tl ~I >-1 51 ~I MAX 35' HT REAR SETBACK MAX 35' HT /' 22St HISTORIC ;7----------2SWRYHr------- 22,50t HISTORIC ---------2STORYHT---------- REAR SE TBACK 25 O' I 30.0.' -J. I 350 ---J. 150 O' '50.0' BUILDING HEIGHT PLANE AT 2,1 RATIO BUILDING HEIGHT PLANE AT 2,1.5 RATIO 2. First Floor Maximum Height: a. established by: structures or first tloo limits shall i. He' ht from finished tl or el vation to to 0 beam (tie or bond) shall not exceed twelve feet (12'). n. fue (16'). these dimensions shall b lV. See example below: 3. Upper Story Height and Setbacks: a. He' ht from finished tloor elevation to finish d tlo elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). 15 ORD. NO. 68-06 (' DENIED " "\ (b) Front Fa~ade Proportion: The front fas:ade of each building 0 structure shall be visually compatible with and in direct relationship to the width of th building and to the height of the front elevation of other adjacent or adjoining buildin within a historic district. (c) Proportion of Openings (Windows and Doors): The openings of an building within a historic district shall be visually compatible with the ope . exemplified by the prevailing historic architectural styles within the district. Th relationship of the width of windows and doors to the height of windows and door among buildings within the district shall be visually compatible. (d) Rhythm of Solids to Voids; Front Facades: The relationship of solid to voids in the front facllde of a building or structure will shall be visually compatible wi the front fllcades of historic buildings or structures within the district with articula attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to ope space between them and adjoining buildings shall be visually compatible with th relationship between historic sites, buildings, or structures within a historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship 0 entrances and porch projections to the sidewalks of a building shall be visually compatibl with the prevalent architectural styles of entrances and porch projections on historic sites buildings, and structures within a historic district. (g) Relationship of Materials, Texture, and Color: The relationship 0 materials, texture, and color of the facade of a building and/or hardscaping shall b visually compatible with the predominant materials used in the historic sites, buildings and structures within a historic district. 16 ORD. NO. 68-06 (' " "\ DENIED 1. (h) Roof Shapes: The roof shape. including type and slope. of a building 0 structure shall be visually compatible with the roof shape of the exis' historic buildin stock of a hi"torie site, build:ffi.g, or 3tructure within the subject a-historic district or surve area. as applicable. (i) Walls of Continuity: Appearances of a building or structure such a walls, wrought iron, fences, evergreen landscape masses, or building facades, shall fo cohesive walls of enclosure along a street to insure visual compatibility of the building t historic buildings, structures, or sites to which it is visually related. manner tha a utilitarian 0 2. Fences and walls over four fe t 4 hould no Building Plane where visible from the public right-of-way. ast th G) Scale of a Building: The size of a building, the building mass in relatio to open spaces, windows, door openings, balconies,--itftti porches. and lot size shall b visually compatible with the building size and building mass of historic sites, building and structures within a historic district. To determine whether the scale of a buildin i appropriate. the following shall apply: a. Create a line perpendicular to the front yard property line. b. 17 ORD. NO. 68-06 (" / '\ DENIED the line extendin from the intersection of the front perpendicular line. r ~ II f120 L BUILDABLe ARM @ . """"""'...... L.............. """.. . NO -.0 ARE" (k) Directional Expression of Front Elevation: A building shall be visuall compatible with the buildings, structures, and sites in its directional character, whethe vertical, horizontal, or nondirectional. 18 ORD. NO. 68-06 (" " '\ DENIED feet under roof on the ound square feet). see example below: b the lot size converted t 1. Example: 2,625 Sq.Ft. on the gtound plane + 7 .500 Sq.Ft(75' x 100' lot size)= 35% Lot Coverage. 2. follows: The maximum lot covera e for infill develo ment shall e a a. 1. The average footprint of the surve,y area: or 11. The average lot coverage of the survey area: or 111. IV. 3. b. 1. Additions shall be located as incons the rear or least public side of a building. 2. Additions or accesso structures shall not be located in front 0 the established front wall plane of a historic building. 3. Characteristic featur s of the o' . destroyed or obscured. 19 ORD. NO. 68-06 {' / '\ DENIED 4. The addition shall be desi ed and constructed so that the basi form and character of the historic buildin will remain intact if the addition is eve removed. t97 Vi~ual eompatffiility stMidartb the DclrllJ Beach Preservation and Conservation Manual. flexibili BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION 20 ORD. NO. 68-06 r' DENIED --.. 4. The addition shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style. mimic too closely the style of the existing building nor replicate the original design. but shall be coherent in design with the existing building. 6. Additions shall be secondar.y and subordinate to the main mass of the historic building and shall not overwhelm the original building. ~ Visua:l compatibility standaros will be fur-<-.her discussed in greater detail in the Dekay Beach. Preservation and Conservlltion Manual. Said Mafi'llil:1 will be developed as II guide to assist property owners as they seek to nominllte their properties for designation 803 a historic site or to designaoc an area within the city a3 a historic district. (11) Visual Compatibility Incentives. In order to provide design flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1 (E) (1 0). incentives for additions to existing structures and/or new infill development shall include the following: a. Open Air Spaces: The ratio of the Building Height Plane (BHP) for single family structures can increase from 2:1 to 2:1.5 for open air spaces limited to: first or second floor front porches (separation must be provided between floors). first or second floor side porches (separation must be provided between floors). balconies. and overlooks with open railings (see example below): and BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION b. Square Footage: Up to twenty five percent (25%) of the front elevation(s) of single family structures can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'). provided twenty five percent 20 ORD. NO. 68-06 ~ DENIED ---. (25%) or more of the front elevation(s) remains one story. Along the front elevation(s). the total width of extension shall not exceed eighteen feet (18'). See example below. > ~ ~ f ~ ~~ SIDE VIEW r 0= ALLOWED ABOVE BHP, NOT TO EXCEED 35' MAX l1l\I = MUST BE UNDER BHP _ = 25% OR MORE OF FRONT FACADE(S) MUST REMAIN 1 STORY FRONT VIEW c. Lot Coverage: The footprint of infill structures may exceed the average for the survey area provided the lot coverage shall not exceed the average for the survey area or the maximum for the district. whichever is less. and any second floor portion shall not exceed fifty percent (50%) of the average survey area footprint. See example below. 21 ORD. NO. 68-06 ~, ! DENIED ~ Example: New Infilll Singe Family I Del Ida Lot Size 11,400 sq.ft. Survey Area Results: Avg. Footprint sq.ft. = 2.204* Avg. Lot Coverage = 26% (11,400 x .26 = 2.964 sq.ft.) Max. Lot Coverage in District = 30% (11.400 x .30 = 3.420 sq.ft.) Upper Story @ 50% Max. (2.204 x .5 = 1.102 sq.ft.) First Floor = 2,204 sq.ft. Total square footage (2,204 + 1,102 = 3.306 sq.ft.) Incentive = 760 sq.ft. *To determine the max. first floor square footage, select the lesser of the average footprint square footage in the survey area or the max. lot coverage for the District. In the above example, the former is less. (F) Restrictions on Demolitions: No structure within a Historic District or on an Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6l]-I) for that purpose. The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite approved plans for immediate reuse of the 22 ORD. NO. 68-06 (' DENIED property if the proposed demolition is carried out, and what effect those plans will have on the chltt'acter of the surrounding area. (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (1-1). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. the Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but are not limited to, 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. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1) to be kept on file and the other to be archived with the Delray Beach Historical Society. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. (7) The owner shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged 23 ORD. NO. 68-06 (' DENIED beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engjneer. architect. general contractor. or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (c) An appraisal of the property in its current condition. its value as vacant land and its potential value as a preserved and restored historic property. (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the contributing/ individually designated historic structure could be safely relocated. (I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications, within a Historic District or on a Historic Site, subject to processing under Sections 2.4.5(F), (G), (H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning afid Zoning Bow. (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) +HE-NASSAU STREET HISTORIC DISTRICT which consists of Lots 2- 19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheadey Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) ~ MARINA DISTRICT which consists of Block 125, excluding the south 350' of the north 488.61 of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on December 20, 1988) (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) 24 ORD. NO. 68-06 {" DENIED /' \. (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 5 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76 Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (5) ~ WEST SETTLERS HISTORIC DISTRICT is bounded on the no by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street an the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3r Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the sou property line of Lot 13, Block 20. The western boundary is the north-south alley and th eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in th north half of Block 20. Section 11. That Appendix "A", "Definitions", of the Land Development Regulations of the Code 0 Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: CONTRIBUTING BUILDING - A building contributing to the historic significance of a district whic is typically more than fifty (50) years old and which by virtue of its location, design, setting, material workmanship, or association with local historic events or personalities lends to the district's sense of rim and place within the context of the intent of historic preservation. A buildin that is more tha fif 50 years old shall be presumed to be contributing whether listed as such on a surveyor not. HARDSCAPE - Consists of the inanimate elements of landsca in such as concrete or brick patios. tile paths and wooden decks. or wood wor NON-CONTRIBUTING BUILDING - A building within a historic district which is icall less tha fifty (50) years old and which does not add to a historic district's sense of time and place and historic development; or a building where the location, design, setting, materials, workmanship, and associatio have been so changed or have so deteriorated that the overall integrity of the building has bee irretrievably lost. Section 12. That should any section or provision of this ordinance or any portion thereof, an paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision sh not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invali . Section 13. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are 25 ORD. NO. 68-06 " '\ DENIED Section 14. final reading. That this ordinance shall become effective immediately upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this _ day 0 .2007. MAYOR ATTEST: City Clerk First Readin ..---- y"3 - -::L \JfV S\ d\)\D\ --.., ~-~ 26 ORD. NO. 68-06 . r..J MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ,"'7ft it AGENDA ITEM # 1 0 .B - REGULAR MEETING OF MARCH 20, 2007 ORDINANCE NO. 68-06 (SECOND READING/SECOND PUBLIC HEARING) SUBJECT: DATE: MARCH 16, 2007 This ordinance is before Commission for second reading and second public hearing for city initiated amendments to multiple sections of the Land Development Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4, "Penalty", Section 2.2.6, "The Historic Preservation Board", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas or Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements for Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square Historic Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix "A", Definitions, as recommended after a comprehensive review of the Delray Beach Historic Preservation Design guidelines. The Historic Preservation Board reconsidered the ordinance at their March 7, 2007 meeting and voted to recommend approval by a 4-2 vote. At the first reading on March 5, 2007, the Commission passed Ordinance No. 68-06. Recommend approval of Ordinance No. 68-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 68-06 2nd Reading03.20.07.doc , I r)< 1 FROM: D19;;:r ~~L DORL.lf~G, ~ ~, DIRECT.QE. OF PLANNING AND ZONING . ~ hv\ t:. . .~ . AYE. ~EZ, HISTORic@ESERVATION PLANNER MEETING OF MARCH 20, 2007 CITY INITIATED AMENDMENTS TO MULTIPLE SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, SECTION 1.4.4, SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4, SECTION 4.3.3, SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX "A", DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW OF THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES. TO: THRU: SUBJECT: Given concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006 implemented a six- month moratorium. As a result, the consultant (REG Architects and Urban Design Studio) prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement and made LOR amendment recommendations. These recommendations have been codified and are contained in the attached amendments. The primary purpose of the amendments is to provide clarification and an objective manner to evaluate compatibility of new development applications with existing development in the historic districts. The objective criteria will help both the development community and the Historic Preservation Board determine what will be considered compatible development. Amendments are also proposed to LOR Section 4.5.1 (F), Development Standards: Restrictions on Demolition, which requires additional information and justification when any structure within a historic district is proposed for demolition. This information has typically been requested from the applicant upon first review by the Historic Preservation Board which then required the applicant to reappear before the Board. The major changes that will help define and promote compatible development include the implementation of four tools such as: Buildino Heioht Plane, Anqle of Vision. Lot Coveraqe, and Infill Development Compatibilitv Survey. The Building Height Plane and Angle of Vision tools intend to minimize the impact of development along the streetscape by providing no-build zones on the front elevation both vertically and horizontally. Maximum lot coverages will be implemented based on either the average lot coverage within the survey area, or the historic district (30% for Del-Ida Park, Marina, Old School Square, and West Settlers and 35% for Nassau Street), whichever is less. Additions to contributing structures will be able to increase their lot coverage by 5% above the maximum lot coverage for that historic district. The Infill Development Compatibility Survey will compare surrounding properties with proposed infill development to assure compatibility with existing development on adjacent properties within the historic district. The survey will include the four (4) structures across the street, two (2) on either side of the property and the abutting propert(ies) to the rear. Further, "Infill Development" is defined within Section 4.5.1 and identifies which proposals will require the use of the survey area, including new construction, additions/alterations affecting the front fac;ade of an existing structure, or an alteration affecting .._of 1 J City Commission Documentation Addendum, March 20, 2007 HPB LDR Amendments - 2nd Reading Page 2 more than 25% of the existing exterior building envelope. All other development will be subject to the general visual compatibility requirements. The Historic Preservation Board considered these amendments at their February 21, 2007 meeting and indicated that additional clarification was necessary. The Board's recommendation of approval failed on a 1-5 vote. Clarifications were made to the ordinance and it was considered and approved by the City Commission at First Reading on March 5, 2007. This ordinance was reconsidered by the Historic Preservation Board at their March 7, 2007 meeting, at which time a recommendation of approval was made on a 4-2 vote. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments (Ordinance 68-06) at its meeting of February 22, 2007 and recommended that the subject LDR amendments be further reviewed and revised. The consensus was not to support them in their current "state." The Ordinance has since been revised to provide clarifications requested by the HPB. The Planning and Zoning Board considered the subject LDR amendments (Ordinance 68-06) at its meeting of February 26, 2007. After much discussion, a motion to approve the amendments was made. The aforementioned motion failed on a vote of 0-5. The Ordinance has since been revised to provide clarifications requested by the HPB. The Historic Preservation Board (HPB) considered the subject LDR amendments (Ordinance 68-06) at its meeting of March 7, 2007. After much discussion particularly regarding lot coverage requirements/maximums, a motion was made to approve the amendments as presented. The motion passed by a vote of 4-2 (John Miller and Linda Lake dissented). The Pineapple Grove Main Street Committee considered the subject LDR amendments (Ordinance 68-06) at its meeting of March 7, 2007. After much discussion, a motion to approve the amendments failed by a vote of 2-4, with three members abstaining. The Downtown Development Authority (DDA) considered the subject LDR Amendments (Ordinance 68-06) at its meeting of March 12, 2007. After considerable discussion regarding parking incentives in the RO zone district located in the Del-Ida Park Historic District, a motion to approve the amendments as presented was made. The motion passed by a vote of 4-0. The West Atlantic Redevelopment Coalition (W ARC) considered the subject LDR Amendments (Ordinance 68-06) at its meeting of March 14, 2007. After much discussion, the members voted to abstain from making a recommendation as additional information and time for review would be necessary. By motion, approve the ordinance amending Land Development Regulations Section 1.4.3, Section 1.4.4, Section 2.2.6, Section 2.4.6, Section 3.2.4, Section 4.1.4, Section 4.3.3, Section 4.4.17, Section 4.4.24, Section 4.5.1, and Appendix "A", Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. , .I 1 t IY9J 2001 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT ()E[RAY BEACH ~ ;ijjj! ()ELRAY BEACH ~:...~'~~ JUl._City 'III~! 199J 100] MEETING OF: MARCH 7, 2007 ITEM: CITY INITIATED AMENDMENTS PERTAINING TO HISTORIC PRESERVATION AND THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES, TO SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, SECTION 1.4.4, SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4, SECTION 4.3.3, SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX "A", "DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW OF THE LAND DEVELOPMENT REGULATIONS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to the LDRs that resulted from a comprehensive review of the existing regulations, as they relate to the City's five (5) historic districts. BACKGROUN PTION Given concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented a six- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studios) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The HPB reviewed those recommendations at their meeting of November 1, 2006, where a recommendation of approval was made to the Planning and Zoning Board. However, it was found that the amendments did not completely reach the goal of providing an objective way of determining visual compatibility of new development within the historic districts. Therefore, additional revisions were made. All proposed changes to the LDRs previously reviewed by the Board at the meeting of February 21,2007 are listed and explained below: 1. Sections 1.4.3, "Enforcement" and 1.4.4, "Penalty", have been changed to state that neglect of historic structures/structures in historic districts shall constitute a nuisance. 2. Section 2.2.6, "Historic Preservation Board", has been changed to state, Certificates of Appropriateness shall be granted by the Historic Preservation Board by a majority of the members present and voting instead of the current standard, which requires 4 votes to deny a COA. 3. Section 2.4.6, "Certificate of Appropriateness," has been changed to state that Certificates of Appropriateness shall require additional information such as demolition plans, window and door descriptions, photos of all existing elevations, and an "Infill Compatibility Survey Area Form" as applicable. The "Infill Compatibility Survey Area Form" will be required for all infill development applications and requires a table showing the required data for each property located within the survey area. A new section entitled, "Administratively-Reviewed Applications" was created. This section references the matrix in the Historic Preservation Design Guidelines, which in turn, provides which COA items require HPB versus Staff administrative approval. . 1 LPFil Amendments Relating to HPB Review HPB Meeting of March 7, 2007 Page 2 of 7 4. Section 3.2.4, "Standards for Specific Areas of Purposes" added language to refer to the Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. 5. Section 4.1.4, "Use of Lots of Record" added language to provide that variances may be granted to lot size, dimension and setbacks for relocation of historic structures. 6. Section 4.3.3(0), "Guest Cottage" added language that guest houses may not be taller than the principal structure in a historic district, regardless of historic classification. 7. Section 4.4.17, "RO District" added language to provide incentives for residential historic structure(s) in historic districts to be rehabilitated into office uses. 8. Section 4.4.24, "OS SHAD District" added language that public parking lots not associated with a use are allowed as conditional uses in the OSSHAD District. 9. Section 4.5.1, "Historic Preservation Sites and Districts" added language to provide that all development of historic properties/districts shall comply with goals, objectives and standards of the Delray Beach Historic Preservation Design Guidelines, Secretary of the Interior Standards, and the Comprehensive Plan; added language limiting chain-link fences to either green or black vinyl and their installation to rear yards only; provided language clarifying parking lot alternatives in historic properties/historic districts and providing that waivers from parking requirements of 4.6.9 may be granted by HPB; provided that redevelopment plans must be submitted with all demolition applications, as well as additional requirements for demolition applications including a submittal of a report from an architect/engineer that the building is damaged beyond repair at reasonable cost, appraisal of property in current condition, as vacant land, and as restored historic property, and documentation that reasonable efforts have been made to find an alternate location for the structure; clarified that all infill development and improvements in historic properties/historic districts shall be visually compatible; added additional compatibility requirements for exterior materials, roof shapes, and directional expression of front elevation dependant upon the survey area, added that fences over four feet (4') shall not extend past the building plane where visible from public right-of-way and that design of swimming pool fences shall not exhibit a stand alone appearance; added "First Floor Maximum Height" to be established by a maximum mean roof height of 16'. Mean roof heights above 16' will be considered multi-story structures. 10. Further changes to 4.5.1, "Historic Preservation Sites and Districts" introduce the following to determine compatible development: a. Added language defining "Survey Area" which consists of a sampling of structures immediately surrounding the subject property, and establishing an "Average" which is determined by the footprint square footage within the survey area; b. Added language to determine "infill development", which refers to the construction of a new structure on a vacant lot; additions involving any part of the front elevation, and/or the construction, reconstruction, or alteration of twenty-five percent (25%) or more of the exterior envelope of an existing structure and all appurtenances; c. Added language regarding compatibility standards for garages and carports requiring that the frontage shall not vary more than 10% from the average garage/carport frontage within survey area, that the orientation shall be consistent with such structures in the survey area further providing that they shall be oriented and entered from the side or rear of the infill home and out of view from the public right of way, and that there shall be no more than one garage with a capacity to hold more than two vehicles and contains single-bay doors only; d. Added "Building Height Plane" technique which lays out a no-build zone on the front elevation providing impact relief from the streetscape; e. Added "Upper Floor Setbacks" to require that the height from finished floor elevation to finished floor elevation or top of beam shall not exceed 12', and that upper stories provide an , . L.DIK Amendments Relating to HPB Review tlPB Meeting of March 7, 2007 Page 3 of 7 additional 5' setback on each side elevation, unless the architectural style provides for a continuous multi-story wall plane; f. Added limitations to the allowed number of stories for new development dependant upon the average number of stories which exist within the survey area; g. Added lot coverage maximums limited to the lesser of the average within the survey area or 30% in Del-Ida Park, Marina, Old School Square, and West Settlers Historic Districts and 35% in Nassau Park with an additional 5% allowed when adding onto a contributing structure, h. Added specific language to achieve visual compatibility for additions to existing structures; i. Added "Angle of Vision" formula to manage scale and mass of new construction along the front elevation, keeping its streetscape impact to a minimum, with ratios specific to the use; j. Added incentives for structures that otherwise meet all other visual compatibility standards by allowing an increased "Angle of Vision" ratio for single-family structures, the ability to exceed the "Building Height Plane" area provided that certain additional criteria are met, and the ability to exceed the average survey area footprint up to either the average survey area lot coverage or the lot coverage provided for the district, whichever is less, as long as the second floor does not exceed fifty percent (50%) of the average survey area footprint. 11. Appendix "A", "Definitions" includes a definition of "Hardscape" and amended definitions of "Contributing/Non-Contributing" to provide that buildings more than fifty (50) years old shall be presumed to be contributing and those that are less than fifty (50) years old are typically considered non-contributing. After much discussion at the aforementioned February 21, 2007 meeting, a motion to approve with recommendations for specific clarifications was made which failed 1-5. Those requested clarifications have been made in the attached ordinance and are summarized below: · "Number of Stories" - Clarified that the number of stories shall be represented as an average measure of wholes and halves as opposed to fractions of wholes or halves. Structures with a second-story component consisting of less than 50% of the first floor will be considered a one and a half story structure, a second-story component consisting of more than 50% of the first floor will be considered a two-story structure. · "Incentives" - Added headings to each infill development incentive in order to clarify the intention such as "Open Air Spaces", "Square Footage", and "Lot Coverage". The attached ordinance (68-06) is now before the Board for recommendation to City Commission. REQUIRED FINDINGS LDR Section 2.4.5(MH5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. L,Ofi< Amendments Relating to HPB Review HPB Meeting of March 7, 2007 Page 4 of 7 Future land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future land Use Policy A-4.2 In order to protect the City's historic resources, the land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housina Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housina Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the land Development Regulations, Historic Preservation Sites and Districts. Housina Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housina Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Coastal Manaaement Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Manaaement Element Policy B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. . . L.O~ Amendments Relating to HPB Review HPB Meeting of March 7, 2007 Page 5 of 7 Coastal Manaaement Element Obiective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Manaaement Element Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Manaaement Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. ANAL YSIS The primary purpose of the amendments is to provide clarification and an objective manner to evaluate compatibility of new development applications with existing development in the historic districts. The objective criteria will help both the public and the Historic Preservation Board determine what will be considered compatible development. The revisions which deal with scale and compatibility are located in LOR Section 4.5.1 (E)(7). The major changes that will help define and promote compatible development include "Building Height Plane" calculations which provide a way of setting back the second story wall plane from the foremost wall plane on the first story, providing impact relief along the streetscape. These changes also establish a "First Floor Maximum Height" which determines that the height from finished floor elevation to the top of the beam shall not exceed twelve feet (12') while the mean roof height shall not exceed sixteen feet (16'). Structures with heights exceeding these limitations will be considered and reviewed as multi-story. Further, "Upper Story Height and Setbacks" adds an additional setback of five feet (5') on all additional stories of a multi-story structure, alleviating the impact that a full multi-story wall plane may have. However, should the architectural style call for a full two-story wall plane, this setback may not be required. There is also an established maximum wall plane height for upper stories which requires that the height from finished floor elevation to finished floor elevation, for structures containing more than two stories, or top of beam (tie or bond) for structures containing only two stories, shall not exceed twelve feet (12'). An additional way of providing compatibility will be in calculating an "Angle of Vision", which is located on the front fac;ade and provides an area where the building should be setback, either on one or both sides. This further reduces the impact of the structure along the historic streetscape, providing additional compatibility with respect to scale. Finally, the language within the Delray Beach Historic Preservation Design Guidelines which provides guidance towards the appropriate design of additions has been added to the LDRs. LDR Section 4.5.1 will also address "Lot Coverage" within the historic districts allowing up to either the lesser of the average footprint square footage within the survey area, average lot coverage within the survey area or either 30% in Del-Ida Park, Marina, Old School Square and West Settlers Historic Districts, and up to 35% within Nassau Park. An additional 5% will be allowed when adding onto a contributing structure located within any of the historic districts. "Infill Development" is defined within Section 4.5.1 and identifies which proposals will require the use of the survey area, including new construction, additions/alterations affecting the front fac;ade of an existing structure, or an alteration affecting more than 25% of the existing exterior building envelope. All other development will be subject to the general visual compatibility requirements, as contained in LDR Section 4.5.1 (E)(1 O)(a-m). An "Infill Development Compatibility Survey" of surrounding properties will be required for infill development to assure compatibility with adjacent properties within the historic district. This survey will compare the proposed improvement with the averages of the " LD~ Amendments Relating to HPB Review HPB Meeting of March 7, 2007 Page 6 of 7 following components within survey area: number of stories, garages/carports and their directional orientation to the street, roof type and its directional orientation to the street, and the directional expression of the structure. The survey will include the four (4) structures across the street, two (2) on either side of the property and the abutting property(ies) to the rear, with the exclusion of all vacant and commercial lots. The structures within the survey area with the largest and smallest applicable measurements will be removed from consideration of the established "average". Three incentives are also proposed for development applications which comply with the visual compatibility standards. First, a single-family structure is required to maintain an "Building Height Plane" ratio of 2:1. However, if open air spaces (porches, balconies, overlooks with open railings) are provided on the first floor or the second floor, with the separation provided between floors on the front and/or sides, the ratio may increase to 2:1.5. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)", provided that at least 25% of the front elevation remains one-story. However, the width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'). Last, the footprint of infill development/structures may exceed the average for the survey area provided the lot coverage does not exceed the average for the survey area or the maximum for the district, whichever is less, and any second floor portion shall not exceed fifty percent (50%) of the average survey area footprint. All of the above LDR changes will provide an objective way to determine compatibility of new development within the historic districts, with those additional incentives to provide for further design flexibility. Changes are also proposed to LDR Section 4.5.1 (F), Development Standards: Restrictions on Demolition, which provides review criteria when any structure within a historic district is proposed for demolition. Additional language is provided requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure and return it to a safe and habitable condition. In addition, an appraisal of the property's condition upon application, value as vacant land, potential value upon restoration, and documentation that reasonable efforts were made to salvage the structure through relocation are also to be provided. This information has typically been requested from the applicant upon first review by the Historic Preservation Board which then required the applicant to reappear before the Board. LDR Section 4.5.1 (E)(6) states that demolition within historic districts is regulated by the HPB. This section has been expanded to include that demolition applications shall be accompanied by the complete redevelopment application, that the two requests shall be reviewed and decided upon concurrently, and that the demolition permit shall not be issued until the redevelopment building permit is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include the following: definition reVISions, language regarding the neglect of structures and the enforcement of penalties, inclusion of items required in COA applications, expansion of administratively approved items per the COA Approval Matrix, allowances for relief for Lots of Record within a historic district, and height restrictions for accessory structures within a historic district or on an individually designated property. The Comprehensive Plan calls for new development and redevelopment to enhance the existing quality of life by providing for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas including the formulation of regulations limiting size and scale of new development within historic districts. The proposed amendments achieve the aforementioned " LD~ Amendments Relating to HPB Review HPB Meeting of March 7, 2007 Page 7 of 7 goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The Community Redevelopment Agency (CRA) considered the LOR Amendments (Ordinance 68- 06) at its meeting of February 22, 2007 and recommended that they be further reviewed and revised. The Board consensus was not to support them in their current "state." (The version reviewed by the CRA was the same version previously reviewed by the HPB on February 21,2007.) The Planning and Zoning Board considered the LOR amendments (Ordinance 68-06) at its meeting of February 26, 2007. After much discussion, a motion to approve the amendments was made. The aforementioned motion failed on a vote of 0-5. (The version reviewed by the Planning and Zoning Board was the same version previously reviewed by the HPB on February 21,2007,) The Pineapple Grove Main Street committee will make a recommendation of the subject LOR Amendments to the City Commission at its meeting of March 7, 2007. The Downtown Development Authority (DDA) will make a recommendation of the subject LOR Amendments to the City Commission at its meeting of March 12, 2007. The West Atlantic Redevelopment Coalition (WARC) will make a recommendation of the subject LOR Amendments to the City Commission at its meeting of March 14,2007. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan, C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) Recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: . Proposed LOR Amendment Ordinance. , ' ORDINANCE NO. 68-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CIlY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRA Y BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4. 24 (H) , "SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1 (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1 (E), "DEVELOPMENT STANDARDS", 4.5.1 (F), "RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC , . PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNATION OF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON- CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties; and WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live or own property in historic properties/districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 2 ORD. NO. 68-06 Section 1.4.3 Enforcement: (A) Code Enforcement Board/Hearing Officer and County Court: When The City Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code. au A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and other remedies set forth herein. .(C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. (0) The neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 1.4.4 Penalty: (A) Violation of the provisions of these Regulations, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses shall constitute a punishable violation. Any person who violates these Regulations, or fails to comply with any of its requirements, may be issued a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City's Code of Ordinances. and shall upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (B) The owner or tenant of any building, structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein. (C) In addition to any and all other penalties, any person who carries out or causes to be carried out any work in violation of Section 4.5.1 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 its certificate of appropriateness required by the 3 ORD. NO. 68-06 Historic Preservation Board. (0) Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. (91.(E). Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) N6 An application for a Certificate of Appropriateness shall be denied exeept by the vote of {OtH' -.-oting members approved by a majority of the members present and voting. Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for Individually Designated Historic Structures, Properties Sites and all Properties Located within ift Historic Districts: (1) Rule: A Certificate of Appropriateness shall be required for the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: (ll) }..ay site plafi developmeftt applielltiOft which is proeessed Uftder these regulatioas for which aetion is required hJ the Plllfifiifig afid Zoning Bolt1'd. Ww Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. 4 ORD. NO. 68-06 WDll Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except for those items specifically exempted by a list promulgated by the Director. {dJW A Certificate of Appropriateness shall also be required for any material change in existing walls, fences, roofs. windows. doors. sidewalks, hardscape features. and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or structure within a historic district. General, occasional maintenance shall 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 shall not include any of the activities described and defined in divisions (l)(a) through (l)(d) of this Section. A Certificate of Appropriateness will not be required for any interior alteration (except for designated historic interiors), 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. (2) Required Information: (ll) Referred Devdepmeftt 4A...pplieatieftS: Whefi aft iocm is Before the Boltt'd throttgh ref-erul from afiother appro'.ral or review BodJ, the sttbmiSSiofi mllocrW provided with the appliclltiofl supplemenocd with lldditfofl8:'l iflfoffttll:tiofi required bJ the Board shall be provided. .A Seplttllte applit:ation is not reql:lired. ~w Stftftd AlBae Application: When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with any land development application, the following information in the form of photographs or plans shall be provided. as applicable: tat .1. Site plan and/or survey; W 2. Building elevations, and/or architectural drawings, and/ or artistic sketches or renderings; (e) 3. Landscaping plan; (d) 4. Floor plan(s); (e) 5. Samples of building materials and color chips; ffl- 6. Engineering reports, as applit:abk; fg} 7. Other mllterilll as may be requested by the Historie Preservatiofi 5 ORD. NO. 68-06 , ' Bolttd. Demolition Plans: 8. Window and door schedule providing specifications to include but not be limited to window type. material. configuration. dimensions. and profile drawings: 9. Photographs of all existing elevations of the subject property. labeled with cardinal direction and address: 10. Other material as may be requested by the Planning and Zoning Department or Historic Preservation Board. 11. Infill Compatibility Survey Area Form. Also, a standard COA application form, accompanied by payment of a processing fee per 2.4.3(K) must be provided. (b) Class I-Class V Site Plan Applications: Applications for Class 1- Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction with additional information as required for a COA provided in (a). above. (3) Procedure: (ll) Referred D~lepmeat ..A...pplieatieas: The Certiftellte of }..ppropriatefte3S process ShllH he incorporated with the ftoflftlll processing of II development applicatiofl. UpOft reccipt of a complete applielltiOft, the Plaflniflg and Zonifig Department ShllH fiotify the Hi3torfc Preservatiofi Board of reqtHred CO.A. llctions. The llpplicatiofl sftllH he placed before the Boll1'd llt its next avltilable meeting. }..fi actiofi Ofi the CO.A. must precede final action Oft the development applielltiofl. Ww Staad ..\:Ieee Applications that go before the Historic Preservation Board: An application for a COA whidi does not feqtMC review or actiofl bJ llfiothef &Md that requires Board approval as provided in the matrix set forth in the Delray Beach Historic Preservation Design Guidelines shall be scheduled for review and action at the next available meeting of the Historic Preservation Board, at which time an action of approval, denial, or approval of a modified application. continuance with direction. or denial may be taken. The Historic Preservation Board shall apply applicable ordinances. Historic Preservation Guidelines and Secretary of Interior Standards for Rehabilitation. (1)) Administratively-Reviewed ApJ>lications: An application for a COA which does not require approval by the Historic Preservation Board as provided in the matrix in the Historic Preservation Design Guidelines may be approved administratively in accordance with applicable ordinances. Historic Preservation Design Guidelines. and Secretary of the Interior Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure compliance with the Standards contained in 4.5.1. 6 ORD. NO. 68-06 (5) Findings: Thc BOltt'6 must fttilke Prior to approval a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1.. the Delray Beach Historic Preservation Design Guidelines. and the Secretary of the Interior Standards for Rehabilitation. Section 5. That Section 3.2.4, "Standards for Specific Areas or Purposes", Subsection 3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts and Sites: That the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1. and the Delray Beach Historic Preservation Design Guidelines and the SecretatJ of the Interior Standards for Rehabilitation. Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4. 1. 4 (E) , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 7 ORD. NO. 68-06 , ' Section 4.1.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (E) A variance for lot size. dimension and setbacks may be granted for the relocation of an historic structure onto a lot regardless of the zoning district in order to protect the structure and assist with protection of historic structures. If the relocation lot is not designated historic. then historic designation shall be required in accordance with Section 4.5.1 (C) and shall be reviewed concurrendy therewith in order for a variance to be granted. All variance requests for relocation of historic structures must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (0) and Q) for consideration. Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.3.3 Special Requirements for Specific Uses: (Q) Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises. (2) The structure shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. (4) When located on individually designated historic properties or within designated historic districts. the structure shall not exceed the height of the principal structure. Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17 (A), "Purpose and Intent" and 4.4.17 (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: 8 ORD. NO. 68-06 Section 4.4.17 Residential Office (RO) District: (A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are In the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive land use for historic districts and/or individually designated historic properties to provide for the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or when there is an existing structure on a property located within a designated historic district or an individually designated historic site. Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24 (H) , "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: DELETED (1).L1ND (2).L1ND RENU},1.BERED. (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. 9 ORD. NO. 68-06 , . (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (H) Special District Regulations: (1) The gross floor area of residential units within a structure containing permitted non-residential use(s) shall not ttSe exceed more than 50% of the gross floor area of the entire structure within which they are located. Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 (B), "Criteria for Designation of Historic Sites or Districts", 4.5.1(E), "Development Standards", 4.5.1 (F), "Restrictions on Demolitions", 4.5.1(1), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, or historic district, or historic interior, or historic structure. individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (E) Development Standards: All development of individually desigpated historic properties and/ or properties located within historic districts. shall comply with the goals. objectives. and policies of these regulations. the Comprehensive Plan. the Delray Beach Historic Preservation Desigp Guidelines. and the Secretar.y of the Interior Standards for Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features will shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; 10 ORD. NO. 68-06 , . (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Survey Area. For the purposes of this section. the survey area shall be confined to the historic district. and the term survey area shall mean: (a) The two (2) nearest homes on each side of the lot to be developed. if homes are across public right-of-way. they are to be utilized: (b) Any home direcdy to the rear of the lot to be developed: and (c) The four (4) nearest homes across the public right-of-way to the front of the lot to be developed. (d) If any of the lots on either side of the subject lot. or across the public right-of-way is a vacant lot or a commercial lot. then it is to be removed from the calculation. and replaced by the next nearest lot that is not a vacant or commercial lot. (e) In the event that strict compliance with 4.5.1 (E) (2) (a). (b). or (c) above is determined to be impossible due to topography. zoning or historic district boundaries. city limits. or other logistical matters. the Director of the Planning and Zoning Department shall determine the Survey Area as stricdy as possible in compliance with 4.5.1(E)(2) (a). (b). Cc). and Cd) above. (3) Average. For the purposes of this section. the term "average" is hereby defined as the sum of the applicable measurements for the existing homes located in the survey area. excluding the homes with the highest and lowest measurement (unless there are four (4) or less existing homes in the survey area). respectively. divided by the number of homes for which measurements are included in the sum. (4) Infill Development Infill development standards shall not apply to individually desig11ated properties. sites. buildings and structures. For the purposes of this section. the term infill development shall mean: (a) construction of a new structure on a vacant lot: or (b) additions involving the construction. reconstruction. or alteration of any part of the front facade: or (c) the construction. reconstruction. or alteration of twenty-five percent (25%) or more of the exterior envelope of an existing structure and all appurtenances thereto. For purposes of this section. all limitations and regulations shall be reviewed in a 11 ORD. NO. 68-06 , - cumulative manner from the date of passage of this ordinance March 20. 2007. ~)(5) BuildinJtS, Structures. Appurtenances and ParkitJR_ The foD()'\\":~ Buildin~. structures.appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (ll) BtHltlings, stmet.ures, apptl:t'teflltflees. w.w Appurtenances~ Appurtenances includes, but is are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. ~.1. Fences and Walls: t.- a. Chain-link fences shall be clad in a green or black vinyl and shall only be used in rear yards. or where they are not visible from the street. it.- b. All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: Where a majority of existing structures have garages or carports within the survey area. the infill may include a garage or carport. Where a majority of existing structures do not have garages or carports. those elements are to be discouraged from view of the public right-of-way. a. The following compatibility standards shall apply to infill development: i. The ~e frontage shall not vary more than ten percent (10%) from the average wu:age fronta~ within the survey area. ii. The orientation of wu:a~s and carports shall be consistent with the majority of such structures within the survey area. Where possible. Ratages and carports shall be oriented and entered from the side or rear of the infill home. and out of view from the public ~ht of way. 111. Each home shall not have more than one Rata~ with a holding capacity of two (2) vehicles. Garages shall have single bay doors only. ~(b) Par)cing: 1. Where feasible. alternative methods of meeting minimum parking standards contained in Sections 4.6.9(c)(8) and/or 4.6.9(E)(8)(a) shall be explored 12 ORD. NO. 68-06 . 1 I i to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located rather than detract by use of creative desigp and landscaping elements to buffer parking areas from historic structures. At a minimum. the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public ri,ght- of-way with fencing. landscaping. or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to buildings. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materi~ls for driveways. such as concrete poured in ribbons. f. Avoid driveway expansions and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief of a literal interpretation of Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means. as confirmed by the City Engineer. and which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. ~.(0 Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. -t41 OJ. Standards and Guidelines. A historic site, or building, structure. site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated. demolished. or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Desigp Guidelines, as amended from time to time. $).au Relocation. Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the 13 ORD. NO. 68-06 , . property owner. {61.(2). Demolition. Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Section 4.5.1 (P). Applications submitted for a demolition shall be accompanied by a complete application for redevelopment of the property. Approvals for demolition shall not be w=anted and the demolition shall not occur until the redevelopment application has been approved and a building permit has been issued for the redevelopment. (7) The COfi:itft1etiofi of fiew btHldiftgs or :itrtlehtre:i, or the reloe:atlofi, alteration, reeoftstmetfofi, or major repair or ~nllnce of II non contributing building or struehtre within II dcsignated historie ~tfiet :ihall meet the same compatibility standards as anJ ftlilocMl eftllflge ifl the e:xre1'ior appeltfitnce of lln emsting fion wntftbuting building. ..\ay mllte:rtitl change ifl the exterior appeltfitftee of llfl)' existing non wntributffig building, structure, or appUftellilfiee ifl a designllted historic dl:itflet shall be geaerally compatible with the fol'ffi, proportion, ftlilSS, eonfigurlltion, building maocrial, texture, wlor, and lOClltiofl of historic buildings, stme:htres, or sites adjoifring or reasoMbly appro~oc to the non eOfitributiag b\:lilding, stme:htre, or site. f81.um Visual Compatibility Standards. Visual compatibilil;y of infill development within a desi.gnated historic district shall be determined by comparison to structures within the survey area. Visual compatibilil;y of all non-in fill development and all-improvements to buildings, structures, and appurtenances within a de~ocd historte dlstf:it:t shall be determined by comparison to structures within the entire historic district vi3t:HlRy eomt'lltible. Visual compatibility shall be determined in terms of by all of the following criteria. (a) thro~h (n) inclusive: (a) He~ht: The height of proposed development buildift~ or modifiattiofts shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district. Visual compatibilil;y with relation to he~ht shall be determined through application of the following height requirements: 1. Building Height Plane: The building height plane technique helps set back the overall height of a building from the front property line. The higher the building the more setback is required. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the zero datum grade for a lot. or seven and one half feet above mean sea level whichever is higher. The inclined angle shall be established at a 2:1 ratio for single-family residential and duplex uses. and a 2:1.5 ratio for Commercial. Mixed-Use and Multi-Family structures. See examples below. 14 ORD. NO. 68-06 wi zl ::;1 ~I ~I f:;1 :;:, ~I 51 3'1 REAR SET BACK NO BUilD ZONE ,. ~.---MAX 35' HT MAX 35. HT /' 22 S'! HISTORIC ;;;;.-- ----- - - --- -2SrORYH'f --- - --- 21St HISTORIC -- ---- - - -"2sTol:fY-HT- --- -- ----- E:.o~L____ "00 r:- 25 0 --J....J --- 30 0.-- --~ 35.0- ---.I< 150,0' REAR SETBACK BUILDING HEIGHT PLANE AT 2:1 RATIO BUILDING HEIGHT PLANE AT 2:1.5 RATIO 2. First Floor Maximum Height: a. Single-story structures or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed twelve feet (12'). 11. Mean Roof Height shall not exceed sixteen feet .(1Q1 111. Any portion exceeding these dimensions shall be considered a multi-story structure. IV. See example below: 12 ROOF PITCH MAY VARY 6[~ // lD p F.F.E. 3. Upper Story Height and Setbacks: a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). 15 ORD. NO. 68-06 b. To respect the current neighborhood scale and space between buildings. an increased upper floor side setback of five feet (5') on each side shall be required. except for those architectural styles that require a flush wall from one floor to the next (i.e.. mission). in which case the additional five foot (5') setback shall be required for all floors. 4. Number of Stories: Number of stories for infill development shall be within a half story of the average number of stories of existing single- family structures within the survey area. The number of stories shall be represented as an average measure of wholes and halves as opposed to fractions of wholes or halves (i.e. if the survey area consists of mosdy single stot;y structures. then the second stot;y square footage shall not exceed fifty percent (50%) of the total square footage of the first floor. (b) Front Fa~ade Proportion: The front fa<;ade of each building or structure shall 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 adjoining buildings within a historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified 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 shall be visually compatible. (d) Rhythm of Solids to Voids; Prast Paeatles: The relationship of solids to voids ifl the frofit fllellde of a building or structure will shall be visually compatible with the &oat fllellde~ of historic buildings or structures within the district. with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections 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 and/or hardscaping shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. 16 ORD. NO. 68-06 1. All exterior finishes shall be either brick. stone. masoru;y. wood. masoru;y composite. or such other similar exterior finish as may be approved by the Historic Preservation Board in the reasonable exercise of their professional opUl1on. (h) Roof Shapes: The roof shape. including type and slope. of a building or structure shall be visually compatible with the roof shape of the existing historic building stock of II hi~torit: site, btJ:ildi.ng, or strl:1ctufe within the subject it-historic district or survey area. as applicable. 1. For infill development. where a majority of existing homes within the survey area have a roofline that is parallel to the street. the infill structure shall be so oriented. Where the main roofline of a majority of the existing homes in the survey area runs perpendicular to the street. the infill home shall be so oriented. (i) Walls of Continuity: Appearances of a building or structure such as walls, wrought iron, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures, or sites to which it is visually related. 1. Swimming pool fences shall be desigJ1ed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-along appearance. 2. Fences and walls over four feet (4') should not extend past the Building Plane where visible from the public right-of-way. G) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies,--ftftd porches. and lot size shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. To determine whether the scale of a building is appropriate. the following shall apply: 1. Angle of Vision: The building angle of vision regulation is used to manage the bulk of a building at or near the front setback line and is applied to achieve compatibility. The wider the house. the more it will have to be set back. This technique helps to reduce the shape of the building as it is perceived from the street. The angle of vision shall be determined as follows: a. Create a line perpendicular to the front yard property line. b. Create two (2) forty degree (4Oj angles on either side of 17 ORD. NO. 68-06 , . ' .. the line extending from the intersection of the front property line and the perpendicular line. i. The vertex of the angle can slide anywhere along the front property line to establish/identify any areas of impact where a structure cannot be built. ii. For lots exceeding one hundred feet (100') in width. the base angles of vision forty degrees (40) on either side) shall both be increased by two degrees (2) for each ten feet (10') of increased lot width up to a maximum of one hundred forty feet 140 wide. See exam le below. r ~ t'2" l BUILDABLE AREA @ . 8Ft8A(".I( MFA 8U11..OIo8Lt AAE.A . NO BUIlD AREA (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or non directional. 1. For infill development. the infill structure shall have a similar orientation to the street as the majority of the existing structures within the survey area. 0) Lot Coverage: Lot Coverage is the area or "foot print" in the ground plane within the building envelope occupied by the principal structure and any accessory structures. Usually expressed as a percentage. the following lot coverage requirements shall be applied to achieve compatibility and be determined by dividing the total square 18 ORD. NO. 68-06 , . feet under roof on the ground plane (building footprint) by the lot size (converted to square feet). see example below: 1. Example: 2.625 Sq.Ft. on the ground plane -;-.7.500 Sq.Ft.(75' x 100' lot size)= 35% Lot Coverage. 2. follows: The maximum lot coverage for infill development shall be as a. For infill development in all historic districts. the maximum lot coverage shall be limited to the lesser of one (1) of the following: 1. The average footprint of the survey area~ or 11. The average lot coverage of the survey area~ or 111. Thirty-five percent (35%) for Nassau Street Historic District:. or IV. Thirty percent (30%) for Del-Ida Park. Marina. West Settlers. and Old School Square Historic Districts. 3. Additions to contributing structures may increase lot cover~e to: a. Forty percent (40%) for Nassau Street Historic District:. and b. Thirty-five percent (35%) for Del Ida Park. Marina. West Settlers. and Old School Square Historic Districts. (m) Additions to Existing Structures. Visual compatibility of additions to existing structures shall be accomplished as follows: 1. Additions shall be located as inconspicuously as possible and to the rear or least public side of a building. 2. Additions or accessoJ;y structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 19 ORD. NO. 68-06 . , 4. The addition shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style. mimic too closely the style of the existing building nor replicate the original desigJI. but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. f97 VisuM cOffil'fttibility ~tafldaffis ~1.R be furthcr <Wleussed in greater detail in the Dekay Beach Preservation and Conservation Manual. Said MM1UM w1ll be developed as a guide to a~si~t property O'\\'flers as they seek to flOm1nate their properties for designation as a historic site or to designaoc an area within the city a3 a historic di3tftet. (11) Visual Compatibility Incentives. In order to provide desigJI flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(10). incentives for additions to existing structures and/or new infill development shall include the following: a. Open Air Spaces: The ratio of the Building Height Plane (BHP) for single family structures can increase from 2:1 to 2:1.5 for open air spaces limited to: first or second floor front porches (separation must be provided between floors). first or second floor side porches (separation must be provided between floors). balconies. and overlooks with open railings (see example below): and BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION b. Square Footage: Up to twenty five percent (25%) of the front elevation(s) of single family structures can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'). provided twenty five percent 20 ORD. NO. 68-06 , . (25%) or more of the front elevation(s) remains one story. Along the front elevation(s). the total width of extension shall not exceed eighteen feet (18'). See example below. > . ~ ~'1 ~ . I? . -41'10 ~~ SIDE VIEW 0= ALLOWED ABOVE BHP, NOT TO EXCEED 35' MAX r::::zl = MUST BE UNDER BHP _ = 25% OR MORE OF FRONT FACADE(S) MUST REMAIN 1 STORY I"' FRONT VIEW c. Lot Coverage: The footprint of infill structures may exceed the average for the survey area provided the lot coverage shall not exceed the average for the survey area or the maximum for the district. whichever is less. and any second floor portion shall not exceed fifty percent (50%) of the average survey area footprint. See example below. 21 ORD. NO. 68-06 Example: New Infilll Singe Family I Del Ida Lot Size 11,400 sq.ft. Survey Area Results: Avg. Footprint sq.ft. = 2,204* Avg. Lot Coverage = 26% (11,400 x .26 = 2,964 sq.ft.) Max. Lot Coverage in District = 30% (11,400 x .30 = 3,420 sq.ft.) Upper Story @ 50% Max. (2,204 x .5 = 1,102 sq.ft.) First Floor = 2,204 sq. ft. Total square footage (2,204 + 1,102 = 3,306 sq.ft.) Incentive = 760 sq.ft. .To detennine the max. first floor square footage, select the lesser of the average footprint square footage in the survey area or the max. lot coverage for the District. In the above example, the fonner is less. (F) Restrictions on Demolitions: No structure within a Historic District or on an Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H) for that purpose. The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are ddiflite approved plans for immediate reuse of the 22 ORD. NO. 68-06 property if the proposed demolition is carried out, and what effect those plans will have on the ehMM:tt:r of the surrounding area. (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. the Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but are not limited to, 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. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1) to be kept on file and the other to be archived with the Delray Beach Historical Society. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. (}) The owner shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: (a) A certified report from a registered architect or engjneer which provides documentation explaining that the building is structurally unsound and is damaged 23 ORD. NO. 68-06 beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engjneer. architect. general contractor. or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (c) An appraisal of the property in its current condition. its value as vacant land and its potential value as a preserved and restored historic property. (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the contributing/ individually designated historic structure could be safely relocated. (I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications, within a Historic District or on a Historic Site, subject to processing under Sections 2.4.5(F) , (G), (H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board Of the Phtflaing and Zoning Board. (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) ~NASSAU STREET HISTORIC DISTRICT which consists of Lots 2- 19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) ~ MARINA DISTRICT which consists of Block 125, excluding the south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on December 20, 1988) (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) 24 ORD. NO. 68-06 (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (5) ~ WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. Section 11. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: CONTRIBUTING BUILDING - A building contributing to the historic significance of a district which is typically more than fifty (50) years old and 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. A building that is more than fifty (50) years old shall be presumed to be contributing whether listed as such on a surveyor not. HARDSCAPE - Consists of the inanimate elements of landscaping. especially masonry or wood work such as concrete or brick patios. tile paths and wooden decks. NON-CONTRIBUTING BUILDING - A building within a historic district which is typically less than fifty (50) years old and which does not add to a historic district's sense of time and place and historical development; 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. Section 12. 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 13. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are 25 ORD. NO. 68-06 Section 14. final reading. That this ordinance shall become effective immediately upon its passage on second and PASSED AND ADOPTED in regular sess10n on second and final reading on this _ day of ,2007. ATTEST: MAYOR City Clerk First Reading Second Reading 26 ORD. NO. 68-06 m Q) ~ op:t ~ ~ op:t ~ o ~ ~ op:t m I-Q) ~Q o Q. ~ ffi ~ 3:Op:t o~ Q. ftt ~ tbt Q) m Q) tbt ~ tJ op:t tbt ~ ~ m o'F=f ~ c:1 B- .... ::::J ~ (0 (0 r.n. ~ ~ ~ ~ ~ r.n. ~ r.n. ~ ~ Q)O)O) .c c.g .....:;:::;E ~ ::J ..L- oP 0 . L- ....... .c.....c Q)ao .....uo ~o~ ........... Q) ~enc -c-c .- O.c 0:;:::; ro ..... . - -0 ~ -0-0 en JEro~ ~-oE a.roo E c. 2 OE..... 0.- en c...... 0) ....c.....c Q) .0>:;:::; (].) ... - · .. ..::J .cE.c Q)enE >Q)(C ro.>o ..c . :;:::; () c, enQ).C Q)OO .- C C -0 ._ E-cQ enc..... .....roc enenQ) JEcE L- 0 Q) . ::J:;:::; 0 c ororoo ...... ::J a. ..... O)O)Q)O CQ)L-::J .- L- ~ .b ~-c en en 0.Q) ~c =en::JO 00.....0 ...... a. 0_ Q)02tt- .cL-.....c I- a. en __ ~ ro ..... ro ..c ..... 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M ...... .c:: ~ '" :E :>; '" -0 (/) Q) t: -0 Q) ~ >- '" -0 (/) Q) ~ I-- The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 68-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATE- NESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4, 'STANDARDS FOR SPECIFIC AREAS OR PURPOSES', SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRE- TARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4. 17(G), "SUPPLEMENTAL DISTRICT REGULA- TIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', SUBSECTIONS 4.4.24(0), "CONDI- TIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMEND- ING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSEC- TION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", 4.5.1(F), "RESTRICTIONS ON DEMOLI- TIONS", 4.5.1(1), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNA- TION OF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING' AND "NON-CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE (/) ;;: Q) z: .c:: u '" Q) CD >- ~ (ij ~ .8 '" 0:: '" U o CD . E o u (/) ;;: Q) t: '" U o i The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The First ReadinglFirst Public Hearing will be held on MONDAY MARCH 5, 2007 at 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on First Reading, a Second Reading/Second Public Hearing will be held on TUESDAY MARCH 20 2007 AT 7:00 PM. (or at any continuation of such meeting which is set by the City Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Defray Beach, Florida. All interested citizens are invited to attend the public hearing and comment upon the proposed ordinance or submit 1heir comments in writing on or before the dale of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Amy Alvarez of the Planning and Zoning Department, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com), phone (561 )243-7040, between the hours of 8:00 a.m. and 5:00 p.m. on weekdays (excluding holidays). 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 a verbatim record of the proceedings, and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare such record pursuant to F.S. 286.0105. PUBLISH: February 23, 2007 Tuesday, March 13, 2007 Boca Raton/Delray Beach News AD#NS0207302 CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk C,c" LGU1 fld 0--' l D(\ \tfJ ' '3 Jc/ Y~1 o:t' E o U ~ '" c '" U' o ..0 ~ ;< '" o o N <f '" ..0 E '" U '" o ~ -c c. o ::;;; ~ z: g '" a:l ~ Qj ~ ~ 0:: '" U o a:l CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMEN-DIN-GALL REGULATIONS PERTAINING TO HISTORIC SITES AND DISTRICTS The City Commission of the City of Dclrsy Beach,. Florida. proposes to adopt the following ordinance: ORDINANCE NO 68-06 AN ORDINANCE OF THE CITY COMMISSION OF THE ('[TY OF DELRAY BEACH, FLORIDA. AMENDING TIlE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS IAJ, "ENFORCEMENT' AND 1.4.4. "PENALTY", PROVIDING TIMT NEGLECT SHALL CONSTITUTE A NlJISANCE ANDPROVIOING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, ''THE HISTORIC PRESERVA. TION BOARD". SUBSECTION (C), "MEETlNG AND QUORUM". PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR IIISTORlC SITES. STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIa.. ING [)(X:1.fMENTATlON roR DEMOLITIONS; AMENDING SE(;nON 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTlON 3.2.4(E). "IlISTORIC DISTRICTS AND SITES", PROVIDING roR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATlON DESIGN GUIDELINES AND THE SECRETARY OF TilE INTERIOR STANDARDS FOR REIlAIllLlTATION; AMENDING SECTION 4:1.4. "USE OF LOTS OF RECORD". SUBSECTION 4.1 .4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3. "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q). "GUEST COTTAGE" TO PROVIDE THAT HEIGIIT SHALL NOT EXCEED TIlAT OF MAIN STRUC- TlJRE IN I.HSTORIC DlSTRlt;TS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICr', SlJBSECTIONS 4.4.17(A), "PURPOSE AND INTENT', AND 4.4.17(0), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HPSTORiC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSIIAD)", SUBSECTIONS 4.4.24(0), "CONDI- TIONAL USE.~"AND 4.4.24(H), "SPECIAL DISTRICTREGULATIONS". PROViD- ING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARlFY1NG SPEClAL DISTRICT REGULA- TIONS; AMENDING SECTION 4,5.1, "HISTORIC PRESERVATION SITES AND DISTR1CTS". SUBSECTlON 4.5. I (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITE.~ OR DISTRICTS", 4.5.\(E), "DEVELOPMENT STANDARDS", 4.5.1(F), "RESTRICT.IONS ON DEMOLITIONS", AND 4.5.1(1), "HISTORlC PRESERVATION BOARD TO ACT ON SlIE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", BY PROVIDrNG CLARIFICATION REGARD- ING FENCES AND PARKING IN HiSTORIC IiISTRlCTS, COMPATlBILITY STANDARDS. AND ADDITIONAL REQIJlREMENTS FOR DEMOLITION APPLICATIONS, AND AMENIiINO APPENorJ( "A'" "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING TIlE DEFINITIONS FOR "CONTRIBUTING" AND "NON-CONTRIB1ITlNG" STRUC. TURES, PROVID1NG A SAVINGS CLAUSE, A GENER.\L REPEALER CLAllSE AND AN EFFECTIVE DATE. The City Commission will conducuwo (2)Public Hearings for the purpose of-accepting public .lestimony regatdio@..dle proposed ordiuance. The fll'St Public Hearing will be held -on TUESDAY DRCEMBER 12 2006 AT 7,00 P.M. in the Commission Chambers at City Hall. 100 N~W. 1:Q Avenue, Deltay Beach, Florida.. lfd\e proposed ordinance is passed on fin.1 reading. a secOIldPllblic Hearing will be hl'ld on ~ .JANUARY 2.2007 AT 7,00 PM. (or at .my conliullation of such meeting which is set by the Commiss;on) in the Commission Chambers at City Hall. 100 N.w' 1st Avenue. Dclray Beach, Florida. All interested citizcnsare invited to atfl.'nd the public hearings and comment upon the proposed ordinance or submit their conun~nts in writing on or before dle date of these hearings to the Planning and Zoning Dl.-parnnent. For further infortnation or tu 6btain a copy of the prop:os~dordinance, please contact the Planning. and Zoning. Department, Cily Hall, 100 N.W. 1st Avenue, Ddr.lY Beach. Florida 33444 (email at Jlzmail~)mydelraybeach.com) or hy calling 561/243~7040). bet\\'een the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday, excluding holidays. Please be advised that if a j>C1'so1l decides to appeal any decision made by the City CommiS8ion wilh respect to any maner considered at these hearings. such pt.>rSon may need to ensure that a verbatimrecorrl includes the lestimollY and e'lidence' upon which lire appeal is to be ba5(.'(!. The dty does not provide nor pfCpare slIdl record pursuant to F.S.286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMe City Clerk PUBLISH: Monday, December 4, 2006 Tuesday, December 26. 2(K16 llOCA RA1UN NEWS/DELRA Y BEACll NEWS CC. ~ a.n.e ( d. t::1--- 'r l:r~ vY. 0.(/ ~~ oo::t E' 0\ u. i\ u, o .0 ~ 3:1 3: CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ALL REGULATIONS PERTAINING TO HISTORIC SITES AND DISTRICTS 't1'k' City Commisiiion of the City of Delray Beach, Florida, proposes to adopt the fbtloWtllg ordinance: ORDINANCE NO. 68.jJ6 <0 o o C\J " ~\ E Q) > o z >. ro "0 c o ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELIlAY BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGIJLAI10NS OF THE CITY OF DELRAY BEACH BY A/VlENDING SECTIONS 1.4.3. "ENFORCEMENT" AND 1.4.4, "PENAI.fY". PROVIDING THAT NEGLECT SHALL CONSTITUrE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENAUIES; AMENDING SECTION 2.2.6, "TILE HISTORIC PRESERVAnON BOARD". SUBSECTION (C), '<MEFnNG AND QUOIUJM", PROVIDING FOR VOTING: AMENDING SECTION 2.4.6, "PROCEDURES FOR OlJTA.lN. ING PERMITS". SUBSECTION (H), 'U,RTfFlCATE OF API'ROPRIATENESS FOR IIIS'IORIC SITES. STRUCTURES. AND IN HISTORIC DlSTRlCTS". BY I'ROVIDING DOCUMEN1AIlON FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "ST<\NDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES". PROVIDING FOR AND INCORPORAllNG THE DELRAY BEACH IlISTORIC PRESERVAflON DESIGN GUlDEUNES AND THE SECRET.'IRY OF THF INTERIOR STANDARDS FOR REHAllIl.lTAl'lON; AMENDING SECTION 4.1.4. "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARI...NCES: AMEND. ING SECIlON 4.3.3, "SPECIAL REQUIREMENTS H1R SPECIFIC USES", SUBSLCTlON (Q). "GUEST COTTAGE" TO PROVIDE THAI HEIGHT SHALl.. NOT EXCEED THAT OF MAIN StRUCTURE IN HISTORIC DISTIUCTS; AMENDING SECTION 4.4.17, "RFSIDI'N- TIAL OFFICE (RO) DISTRICT'. SUBSECTIONS 4.4.17(A). "PURPOSE AND INTENT", AND 4.4.17(Gl, -SUPPLEMENTAL orSTRICT REGULATIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DlS'I1UCrS; AMENDING SECTION 4.4.24, "Ol.D SCHOOL SQUARE HISTORIC ARTS mSTRlCT (OSSHAD)". SUBSECTIONS 4.4.24(D). "CONDITIONAL USES" AND 44.24(1'1), "SPECIAL DISTRICT REGUl.AHONS", PROVIDING PUBLIC PARKING l.OIS NOI ASSOCIAlED WITH A LISE ARli ALLOWED AS CONDITIONAL USES AND CLARIFY. ING SPECIAL DlSTRICT REGUl.ATlONS; !IMENDlNG SECllON 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.I(B). "CRITERIA fOR DESIGN1\TION OF HISTORIC SITES OR DlSTRICTS". 4.5.1(1;), "DEVILOPMENT SI~\NDARDS'" 4.5.1(1'). "RES'I1UCTlONS ON DEMOLlTIONS", AND 4.5.1(11, "HISTORIC PRESERVAl'lON BOARD TO ACT ON SITE I'LANS, l.ANDSCAPE !'LANS AND ARCHITECTURAL ELEVATIONS". BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATlBILITYSl~\NDARDS, AND AUlllTlONAL REQUIREMENTS FOR DEMOLITION APPLICAnONS: AND AMENDING APPENDIX "A", "DEFINITIONS". TO PROVIDE A NEW DEFINITION FOI~ "HARD. SCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON- CONTRIBUTING" STRUCTURES: PROVIDING A SAVINGS CL\lJSE. A GENERAl REPEALER CLAl.JSE AND AN EFFECTIVE DATE. VI 3: Q) Z L U ro Q) CD e w o ---. c o ..... ro 0:: ro u o CD The City Commissioll will COilducllViO (2) Public Hearings for the purpose or accepting public testimony rcgarding the proposed ordinance. The tirS! Public Hearing will be held on TUESDAY. DECEMBER 5. 2006. AT 7:00 P.M. in the COlllmission Chamh,'" al City Hall. 100 N. W. I >t Avenue. Delray He-dell, Florida. lfthe proposed ordinance is pa.'ised on firsL feuding. a second Public Hearing will be held 011 TUESDAY. JANUARY 2. 2007. AT 7:00 P.M, (or at any continuation of slIch meeting which is set by the Commission) in the Commission Chaml:lcrs at City Hall. 100 N.W. lstAvcnue, Del ray Beach. Florida. All interested citizens arc invited to uttcndlhe puhlic h,,~arings and comment upon the proposed ordinance or submit tb.cir comments in \witing on or before the dute of these hearings- to the Planning and Zoning DepiJrtment. For further intormation or to obtain a copy of the propoo'it'd ordimuu:e. pte.a5e contllct the Planning and Zoning Department, City Hall. 100 N. W. l.;Ol t'\vl.mue. Dclray BCtR'oh, Florida 33444 {cmail ai pzmail(f4mydcltaybcut.:h.como, (If hy calling 561/243- 70401. belwec'Illhe hours ofR:OO a.m. and 5:00 p.m.. Monday through Friday, exeluding holidays. PLEASE BE ADVISED 111A1' IF A PERSON DECIDES TO APPEAl. ANY DECISION MADE BY TIlE Cny COMMISSION WlTIl RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS. SUCH PERSON MAY NEED TO ENSURE THAI A VERBAITM RECORD lNCLUDES TilE TESTIMONY I\Nll EVIDENCE UPON WHICH THE APPEAL IS 'f{) BE BASED. THE CITY IXlES NOT PROVlDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 2R6.01 05. nTY OF DE.flAY BEACH Chc"ellc n. Nuhill. CMC City Clerk I'UBL'SH: Monday, No"ember 27.2006 Tucsduy, Deecmber 26, 1006 BOCA RArON NEWSfOELRAY BEACH NEWS Cc. '. ~ CU/l..e ( of. ~ ~ b-ec. 0 fi~cio.- ~C' L~J')-e / d. ~ 51 CJ\V ~~~V ~n ,t( CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ALL REGULATIONS PERTAINING TO HISTORIC SITES AND DISTRICTS Th<1 City CommiSSiOn of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 68-06 AN ORDINANCE OF THE CITY COMMISSION Of THE CITY OF DEl-RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4. 'PENALTY', PROVIDING THAT NEGLE:CT SHALL CONSTITUTE A NUISANCE AND PROVIDING fOR ENFORCEMENT AND PENALTIES: AMENDING SECTION 2.2.6, 'THE HISTORIC PFlESE:RVATlDN BOARD', SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6. "PROCEDURES FOR OBTAINING PERMITS', SUBSECTION (H), "CERTIFI- CATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 32.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES', SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES', PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRE:TARY OF THE: INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD', SUBSECTION 4.1.4(E). TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR SPECIFIC USES', SUBSECTION (Q), 'GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), 'PURPOSE AND INTENT", AND 4.4.17(G), 'SUPPLEMENTAL DISTRICT REGULATIONS', PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24. "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', SUBSEC- TIONS 4.4.24{D), 'CONDITIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULA- TIONS", PROVIDING PUBLIC PARKING lOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSEC- TION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS', 4.5.1{E), "DEVELOPMENT STANDARDS-, 4.5.1{F), "RESTRICTIONSDN DEMOLITIONS', AND 4.5.1(1), 'HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", BY PROVIDING CLARIFICATION REGARD-' ING FENCES AND PARKING IN HISTORIC DISTRICTS. COMPATIBILITY STANDARDS, AND ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS; AND AMENDING APPENDIX "A", "DEfiNITIONS', TO PROVIDE A NEW DEFINITION FOR 'HARDSCAPE" AND AMENDING THE DEFINITIONS FOR 'CONTRIBUTING" AND "NON~ONTRIBUTlNG' STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSEANDAN EFFECTIVE DATE The City Commission will conduc1 two (2) Public Hearings tor the purpose of accepting public testimony regarding the proposed ordinance. Th<1 first Public Hearing win be held on ~ NOVEMBER 21. 2006. AT 7:00 P.M, in the Commission Chambers atCily Hall, 100 NW. 1st Avenue, Delray Beach, Florida. It the propose!l ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. DECMEBER 5. 2006. AT 7:00 PM. (or at any continua- tion of such meeting which is set by the Commission) in the Commission Chambers at Cily Hall, 100 NW. 1st Avenue, Delray Beach, Florida. All intereste!l citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a COpy of the proposed ordinance, please contac1the Planning and Zoning Department, Cily Hall, 100 NW. 1stAvenue, Defray Beach, Florida 33444 (email atpzrnail@mydelraybeacn.com) or by calling 561/243-7040). between the hours of 6:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY 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. CITY OF DELRAY BEACH Cnevelle D. Nubin, CMC Cily Clerk PUBLISH: Monday, November 13, 2006 Tuesday, November 28. 2006 BOCA RATON NEWSIOELRAY BEACH NEWS AD#NS1106152 ::E ::E ::E C:r oTC":l "" ::> Ct> ::E en n o 3 ClJ o C":l "" ~ "" S' ::> o Ct> g '< ClJ Ct> "" C":l :::r Z Ct> ::E en s: o ::> c. "" ::c z o < Ct> 3 C" ~ ~ 5-" '" c j;