HPB 11-01-06 44 o,, AGENDA
CV,
-`u HISTORIC PRESERVATION BOARD MEETING
CITY OF DELRAY BEACH
Meeting Date: November 1, 2006
Type of Meeting: Regular Meeting
Location: City Commission Chambers
Time: 6:00 P.M.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the City. Please
contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate
your request Adaptive listening devices are available for meetings in the Commission Chambers.
If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered
at this meeting or hearing,such persons will need a record of these proceedings,and for this purpose such persons may
need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may
be in attendance.
I. CALL TO ORDER
II. PRESENTATION
REG Architects, Inc. and Urban Design Studios will provide a presentation of the proposed
Delray Beach Historic Preservation Design Guidelines.
III. DISCUSSION AND ACTION ITEMS
A. Forward a recommendation to the Planning and Zoning Board for City initiated
amendments to the Land Development Regulations (LDRs) which intend to clarify the
current regulations, provide parameters, and define compatible development within the
historic districts. The amendments are primarily based on recommendations provided
by REG Architects, the consultants hired during the moratorium to find resolutions to
the recent concerns over the level and type of development affecting historic
preservation efforts within all five (5) of the City's historic districts.
IV. REPORTS AND COMMENTS
• Public Comments
• Reports from Historic District Representatives
• Board Members
• Staff
V. ADJOURN
/4ouy S, 4&44.e5
Amy E. Alvarez
Historic Preservation Planner
Posted on: October 26, 2006
•
DELRAY BEACH DELBAY OUCH
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,,„3 MEMORANDUM STAFF REPORT
2001 2001
MEETING OF: NOVEMBER 1, 2006
ITEM: 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 kRECOMMENDED AFTER A COMPREHENSIVE REVIEW OF THE DELRAY BEACH
HISTORIC PRESERVATION DESIGN GUIDELINES.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the Planning and Zoning Board
regarding City-initiated amendments to the LDRs resulting from the comprehensive review of the
Delray Beach Historic Preservation Design Guidelines.
Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendations to the
Planning and Zoning Board concerning amendments to the Land Development Regulations, when
they apply to historic structures and districts.
BACKGROUND AND DESCRIPTION
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. Staff
has reviewed the recommendations and recommends that the following LDR changes be
incorporated. Staff has also been working to implement additional amendments needed which were
not addressed.
These recommended LDR amendments and design guideline revisions clarify the subjective criteria
within the code which requires all development to be compatible with other structures in the district.
The proposed changes are listed and explained below:
• 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.
• 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.
• Section 2.4.6, "Certificate of Appropriateness", has been changed to state, Certificates of
Appropriateness shall require additional information such as demolition plans, window and
door descriptions, photos of all existing elevations, as applicable. A new section entitled,
"Administratively-Reviewed Applications" was created. This section references the matrix in
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LDR Amendments Relating to HPB Review
HPB Meeting of November 1,2006
the Delray Beach Historic Preservation Design Guidelines, which in turn, provides which COA
items require HPB versus administrative approval.
• Section 3.2.4, "Standards for Specific Areas of Purposes" added language to refer to the
Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior
Standards for Rehabilitation.
• 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.
• Section 4.3.3(Q), "Guest Cottage" added language that guest houses may not be taller than
the principal historic structure and/or principal structure in a historic district.
• Section 4.4.17, "(RO) District" added language to provide incentives for residential historic
structures/structures in historic districts to be rehabilitated into office uses.
• Section 4.4.24, "OSSHAD District" added language that public parking lots not associated with
a use are allowed as conditional uses in the OSSHAD District.
• 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 green vinyl chain link fences
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 demolition
application; clarified that all improvements in historic properties/historic districts shall be
visually compatible and added building height plane technique, first floor maximum height,
additional front façade compatibility requirements, lot coverage formula and maximum
percentages as well as angle of vision formula to manage bulk and mass of
improvements/new construction; and provided additional requirements for demolition
application including report from architect/engineer that 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 structure.
• Appendix "A", "Definition" includes 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.
LDR TEXT AMENDMENT ANALYSIS'
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findings): 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 tl—
following applicable Objectives and Policies were noted:
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LDR Amendments Relating to HPB Review
HPB Meeting of November 1,2006
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.
Housing 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.
Housing 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.
Housing 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.
Housing 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.
Housing 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.
As previously stated, the primary purpose of the amendments is to provide clarification and an
objective, rather than subjective, manner to evaluate compatibility of new development applications
/ with existing development in the historic districts. Positive findings of compatibility between new and
/ existing historic resources have always been required for Certificates of Appropriateness and Site
IPlan Applications within the City's 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 LDR Section 4.5.1,(E)(7). These
changes 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 fourteen feet (14')while the
mean roof height shall not exceed eighteen feet (18'). Structures with heights exceeding these
limitations will be considered and reviewed as multi-story. Further, "Upper Floor 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. An additional way of providing compatibility
will be in calculating an "Angle of Vision", which is located on the front façade 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.
The subject LDR Section will also now address "Lot Coverage" within the historic districts which will
allow up to 40% for single story structures and 30% for multi-story structures. Finally, the language
within the Delray Beach Historic Preservation Design Guidelines which provides guidance towards the
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LDR Amendments Relating to HPB Review
HPB Meeting of November 1,2006
appropriate design of additions has been added to the LDRs. All of the above LDR changes will
provide an objective way to determine compatibility of new development within the historic districts.
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 structure 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.
ASSESSMENT
The Comprehensive Plan calls for the rehabilitation of historically significant housing, the promotion of
historic designations as a revitalization tool, and 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 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.
REVIEW BY OTHERS
The Pineapple Grove Main Street committee will review the proposed ordinance at its meeting of
November 1, 2006.
The West Atlantic Redevelopment Coalition (WARC) will review the proposed ordinance at its
meeting of November 8, 2006.
The Community Redevelopment Agency (CRA)will review the proposed ordinance at its meeting of
November 9, 2006.
The Downtown Development Authority (DDA) will review the proposed ordinance at its meeting of
November 13, 2006.
Letters of objection and support, if any, will be presented at the meeting.
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LDR Amendments Relating to HPB Review
HPB Meeting of November 1,2006
ALTERNATIVE ACTIONS
A. Continue with direction to HPB meeting of November 15, 2006
B. Move a recommendation of approval to the Planning and Zoning Board 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 and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
C. Move a recommendation of denial to the Planning and Zoning Board 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 and does not
meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
Recommend approval to the Planning and Zoning Board 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 and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Proposed LDR Amendment Ordinance
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ORDINANCE NO. -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
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 DELRAY 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),
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"CRITERIA FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1(E), "DEVE LOPMENT STANDARDS", 4.5.1(F),
"RESTRICTIONS ON DEMOLITIONS", AND 4.5.1(I), "HISTORI C
PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE
PLANS AND ARCHITECTURAL ELEVATIONS", BY PROVIDING
CLARIFICATION REGARDING 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-CON TRIBUTING" 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 clarify the language in
its Land Development Regulations pertaining to historic properties/districts in order to provide guidance
for those citizens that live in historic properties/districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY 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:
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
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matter shall be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37
of the City Code.
(B) 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.
(D) The neglect of individually designated historic structures and/or structures located
within historic districts shall constitute a "nuisan ce" violation of the City's Code of Ordinances
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Pe nalty", 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 or
a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant
to Chapter 37 of the City Code, 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 Historic Preservation Board.
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(D) 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 "nu isance" violation pursuant to
Section 100.10 of the City's Code and shall result in maximum penalties.
(D)(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) No application for a Certificate of Appropriateness shall be denied except
by the vote of four voting 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, Strums
Sim Properties and All Properties Located within in 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) Any site plan development application which is processed under
these regulations for which action is required by the Planning and Zoning
Beard:
(b)(a) Any development application which is processed under these
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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.
{c)(b) 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.
(d)(c) 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 curr
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character of the building or structure. General, occasional maintenance shall not include any
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:
Board through referral from another approval or review body, the submission
required by the Board shall be provided. A separate application is not required.
(b)(a) 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:
(a) 1. Site plan and/or survey;
(b)2. Building elevations, and/or architectural drawings, and/or
artistic sketches or renderings;
(c) 3. Landscaping plan;
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(d) 4. Floor plan(s);
(e) 5. Samples of building materials and color chips;
(ft 6. Engineering reports, ;
(g)7.
Preservation Boar.i 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.
Also, a standard C.O.A. 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 I-
Class V Site Plans shall be submitted in accordance with Section 2.4.3 in
conjunction with additional information as required for a C.O.A., provided in (a),
above.
(3) Procedure:
(a) Referred Development Applications: The Certificate of
Zoning Department shall notify the Historic Preservation Board of required
C.O.A. actions. The application shall be placed before the Board at its next
available meeting. An action on the C.O.A. must precede final action on the
(b)(a) Stand-Alone Applications that go before the Historic Preservation
Board: An application for a C.O.A. which does not require review or action by
that requires Board approval as provided in the matrix provided 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
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Board shall apply applicable ordinances, Historic Preservation Guidelines and
Secretary of Interior Standards for Rehabilitation.
(b) Administratively-Reviewed Applications: An application for a
C.O.A. 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.
(5) Findings: The Board must make Prior to approval, a fording 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), "Hist oric 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, "U se 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:
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
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a 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 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 Section 4.5.1(J) for consideration.
Section 7. That Section 4.3.3, "S pecial Requirements for Specific Uses", Subsection (Q),
"G uest 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 1/20t 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),
"Pu rpose and Intent" and 4.4.17(G), "S upplemental 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 4.4.17 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.
k (3) To accommodate professional offices which will meet needs of nearby
neighborhoods.
8
•
•
(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: I
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) AND (2) AND RENUMBERED.
(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.
(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(I).
(H) Special District Regulations:
(1) The gross floor area of residential units within a structure contain!
9
permitted non-residential use(s) shall not use 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", and 4.5.1(I), "Historic Preservation Board to Act on Site
Plans, Landscape Plans, and Architectural Elevations", 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 the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines
and the Secretary of the Interior Standards.
(1) For the purpose of this Section, exterior architectural features will include,
but not be limited to the following:
(a) The architectural style, scale, general design, and general
arrangement of the structure' s exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(2) The following 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:
10
•
•
(a) Buildings, structures, and appurtenances, and parking.
{b) 1. Appurtenances. Appurtenances includes, but is are not
limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs,
and accessory structures.
a. Fences and Walls:
i. Chain-link fences clad in a green vinyl shall
only be used in rear yards, or where they are not visible from
the street.
ii. All other provisions in Section 4.6.5 shall
apply.
2. Parking:
a. Where feasible, alternative methods of meet.
minimum parking standards contained in Sections 4.6.9(c)(8) and/or
4.6.9(E)(8)(a) shall be explored 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 design and landscaping elements to buffer parking areas
from historic structures. At a minimum, the following options shall
be considered:
i. Locate parking adjacent to the building or in
the rear.
ii. 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.
iii. Utilize existing alleys to provide vehicular
access to buildings.
iv. Construct new curb cuts and street still
driveways only in areas where they are appropriate or exist-
11
historically.
v. Use appropriate materials for driveways, such
as concrete poured in ribbons.
vi. Avoid driveway expansions and circular drives
for single-family uses.
b. 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.
(3) 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.
(4) 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 Design Guidelines,
as amended from time to time.
(5) 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
property owner.
(6) 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 Subsection (F). Applications submitted for a
demolition shall be accompanied by a complete application for redevelopment of the
property. Approvals for demolition shall not be granted 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 construction of new buildings or structures, or the relocation, alteration,
12
within a designated historic district shall meet the same compatibility standards as any
material change in the exterior appearanee of an existing non contributing building. Any
material change in the exterior appearance of any existing non contributing building,
historic buildings, structures, or sites adjoining or reasonably approximate to the non-
contributing building, structure, or site.
(8)(7) All improvements to buildings, structures, and appurtenances within a
designated historic district and on individually designated historic properties shall be visually
compatible. Visual compatibility shall be determined in terms of the following criteria:
(a) Height: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of existing structures and
buildings historic building stock within the subject historic district. (The Building
Height Plane technique, the First Floor Maximum Height, and Upper Floor Setback
requirements shall apply and shall be used to determine compatibility as it relates
height).
1. Building Height Plane:
a. 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.
b. The building height plane 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. See example below.
13
I
} 1
low
� 3� fr. e � ��reuYr•w. ��{t�a �pyy�'�` yy ��{{� 1 fl RR���/
13
ZO E MAX HT.(35'TO AVG.ROOF)
10
10
,.' � 2 STORY MARKET TREND
or FIRST FL 10 SECOND FL 6'ROOF)
SINGLE STORY
"'�' �*,,.1ir��...~ v�•';,,T� ,� _.. {UP TO 14'FIRST FL.LIP TO S'ROOF) A' * .�
FINISHED ELIXIR
35' 10"/" 20' ' . •, ?3'
103'
150' /
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 14' .
ii. Mean Roof Height shall not exceed 18' .
iii. Any portion exceeding these dimensions shall
be considered a multi-story structure.
3. Upper Floor Setbacks:
a. To respect the current neighborhood scale and space
between buildings, an increased upper floor side setback of five (5)
feet on each side shall be required, except for those architectural
styles that require a flush wall from one floor to the next (i.e.,
14
mission), in which case the additional five (5) foot setback shall be
required for all floors.
(b) Front .Facade Proportion: The front facade 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. The following components will be applied to
achieve compatibility.
1. Visual Compatibility of Additions shall be accomplished as
follows:
a. Locate an addition as inconspicuously as possible,
usually to the rear or least public side of a building.
b. Additions or accessory structures shall not be located
in front of the established front plane of a historic building.
c. Avoid obscuring or destroying characteristic featu4I
of the original building.
d. Design and construct the addition so that the basic
form and character of the historic building will remain intact if the
addition is ever removed.
e. For buildings where additional height is allowed, step
back the upper stories to minimize the difference as viewed from the
street.
f. Do not introduce a new architectural style, or too
closely mimic the style of the existing building. Additions shall NOT
replicate the original design.
g. Insure that the addition is secondary and subordinate to
the main mass of the historic building. Additions that overwhelm the
original building are not acceptable.
h. The side and rear setbacks of the new construction
must be met and aligned with the facades of the surroundi II
I
buildings.
15
(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; Front relationship of
solids to voids i to front f cade of a building or structure will shall be visually
compatible with to fro„t facades 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.
(h) Roof Shapes: The roof shape, including type and slope, of a
building or structure shall be visually compatible with the roof shape of a historic
site, building, or structure within a historic district.
(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.
(j) Scale of a Building: The size of a building, the building mass
in relation to open spaces, windows, door openings, balconies rand 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
16
of a building is appropriate, the following shall apply:
1. Angle of Vision: The following angle of vision requirements
shall be applied to achieve compatibility.
a. The building angle of vision bulk regulation is used to
manage the bulk of a building at or near the front setback line. The
wider the house, the more it will have to be a setback. 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:
(1) Create a line perpendicular to the front yard
property line.
(2) Create two (2) 40 degree angles on either side
of the line extending from the intersection of the front
property line and the perpendicular line.
b. The vertex of the angle can slide anywhere along t-
front property line to establish/identify any areas of impact where a
«......,. , Y... . tom«�
structure cannot be built.
,� , . c. For
` .BUILDABLE �,
�, ,s lots exceeding 100' in width, the base
' _ AREA g;p, angles of vision (40 degrees on either
te' side) shall both be increased by two (2)
A �, K% degrees for each (10) ten feet of
. . __ ..--, , �' increased lot width up to a maximum of
./ t . En gip, ,. `� 140' wide. See example below.
:.err .8 ' b. 5 , i ,`
..� - �w y,5'"S"` . t''yJ`R�„sus':
(1.r' , V LR FEX t
ri
101.7
ti ,mot Y h i . }, K�tti`.#.KY aAr.}ar}2 8 z
r
14
v <
BUILDABLE ,DUI
AREA
.c ,-Cvj i 0 } F -
5 .h r a f _f 4.
SCENARIO"A' SCENARIO'S
104'tol wish artgia of e 100'h�1 with Onto or
vision vision centered
to sitf8
tr'rRACR AREA _ .ttirltU+ tE AREA !t4 9Urtt)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 nondirectional.
(1) Lot Coverage: The following lot coverage requirements shall be
applied to achieve compatibility.
1. Lot Coverage is the area or " foot print" under roof that the
principal structure and any accessory structures occupy on the ground plane
within the building envelope. Usually expressed as a percentage, lot
coverage shall be determined by:
a. Square Feet Under Roof =Lot Size (in square feet)
= Lot Coverage.
i. Example: 2,625 Sq.Ft. under roof +7,500
Sq.Ft.(75' x 100' lot size)= 35% Lot Coverage.
2. The maximum lot coverage shall be limited to forty percent
(40%) for single story structures and thirty percent (30%) for multistory
structures.
(9)(8) Additional *visual compatibility standards are provided in will—be further
discussed in greater detail in the Secretary of the Interior Standards for Rehabilitation and
18
•
the Delray Beach Historic Preservation Design Guidelines . Said
Manual will be developed as a guide to assist property owners as they seek to nominate
their properties for designation as a historic site or to designate an area within the city as a
historic-district.
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to
Section 2.4.6(H) ose. 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 tha—
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
property if the proposed demolition is carried out, and what effect those plans will have
on the character 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 b
11
property owner for the purpose of demolition will be supported by a written statem-
19
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 of
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 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 engineer, architect, general contractor, or
20
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 and Zoning Board.
Section 11. That Appendix "A", " Definitions", of the Land Development Regulations of—
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 survey or 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, a
flif
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, sum
21
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. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 14. That this ordinance shall become effective immediately upon its passage on second
and fmal reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
, 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
22
DELRAY BEACH
Illir
All-America City
1991 2001 SIGN IN SHEET
Regular Historic Preservation Board Meeting
November 1 , 2006
PRINT FULL NAME ADDRESS OR ITEM NO.
ORGANIZATION
Te-ve ��� s -� 4/6 C S F 7
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C--(a,c,dt \LC s l v (k rk e--A,U