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HPB 05-04-1994 [)EIRAY BEACH kaMtd ILIAmBfiCaire AGENDA 1993 HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: April 6, 1994 Type of Meeting: Regular Meeting Location: 1st Floor Conference Room Time: 6:00 P.M. The Historic Preservation Board Meeting scheduled for Wednesday, April 6, 1994 has been CANCELLED. The next meeting of the Historic Preservation Board will be held on Wednesday, April 20, 1994 at 6 :00 PM in the First Floor conference Room. POSTED ON: March 31, 1994 Pat Cayce, Hi a is Preservation Planner DELRAY BEACH Waal I I II Pe 1993 AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: April 20, 1994 Type of Meeting: Regular Meeting Location: 1st Floor Conference Room Time: 6 :00 P.M. The Historic Preservation Board Meeting scheduled for Wednesday, April 20, 1994 has been CANCELLED. The next meeting of the Historic Preservation Board will be held on Wednesday, May 4, 1994 at 6 :00 PM in the First Floor conference Room. POSTED ON: April 14, 1994 7:7 Pat C%Cle1,41tiSiigPreservation Planner ' DELi:AY BEACH kEttil % AA-Amedocal II ill re 191n AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: May 4, 1994 Type of Meeting: Regular Meeting Location: 1st Floor Conference Room Time: 6: 00 P.M. . 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. APPROVAL OF MINUTES: March 16, 1994 III. PUBLIC HEARING ITEMS: None. IV. CERTIFICATES OF APPROPRIATENESS A. COA 8-22 ,, Identification Signs for Historic Swinton Avenue. Design approval for four decorative identification signs. V. DISCUSSION AND ACTIONS ITEMS A. Review of a proposed ordinance to establish ad valorem tax exemptions for historic properties. Board comments and recommendation with respect to the draft of a proposed ordinance to allow an ad valorem tax exemption for historic properties . Historic Preservation Board Agenda Meeting of May 4, 1994 Page 2 VI. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff VII. ADJOURN POSTED ON: April 28, 1994 V2e/re- efi-. Pat Cayce, Historils. eservation Planner MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, MAY 4, 1994 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 I . ROLL CALL: The Chairman called the meeting to order at 6 :00 P.M. . Board Members: hristine Bull Present Daniel Carter (Chairman) Present Sandy Jamison (2nd Vice-Chairman) Present Buck Miller (Vice-Chairman) Present argie Miller Present John Vaughan Present Charlie Williams Absent Staff Members Present: Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department Diana Mund, Planning & Zoning Department II . APPROVAL OF MINUTES: March 16, 1994 Meeting Mrs . Miller asked for an amendment to the minutes to strike her comments regarding her resignation from the Board. Buck Miller moved for approval of the minutes as amended for the March 16, 1994 meeting, seconded by Sandy Jamison. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes. Said motion passed 6-0. III . PUBLIC HEARING ITEMS: None. IV. CERTIFICATES OF APPROPRIATENESS: Ms. Cayce informed the Board that COA 8-221 should be COA 8-222 . COA 8-222 : Identification Signs for Historic Swinton Avenue; Nancy Davila, Applicant. Elevation B signs are to be located at the following two places : * Swinton Avenue and S.E. 2nd Street; and, * In the park area of the Swinton Avenue and Dixie Boulevard cul-de-sac. The signs are free standing, double faced, approximately 9 sq. ft. The sign material is the same as Elevation A; the posts are 4" x 4" p.t. wood. The colors are the same as Elevation A. Sandy Jamison moved for approval of COA 8-222 as presented, seconded by Buck Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes. Said motion passed 6-0. As Jeff Costello had to leave to attend another meeting VI .C. was heard at this time. VI . REPORTS AND COMMENTS: C. Staff Mr. Costello stated that because of the cost factor the City would be installing a wood fence as opposed to a c.b.s wall around the Boat Sewage Waste Pump at the City Marina. V. DISCUSSION AND ACTION ITEMS: A. Review of a Draft for a Proposed Ordinance to Establish an Ad Valorem Tax Exemption for Historic Properties. The Board reviewed the draft ordinance and made several changes to the text. Formal recommendation to the Planning and Zoning Board will be conducted at a future meeting. VI . REPORTS AND COMMENTS: A. Reports from Historic District Representatives None. - 2 - 05/04/94 B. Board Members Mr. Carter presented the Proclamation by the City Commission for National Preservation Week (May 8 through 14, 1994) to the Board. VII . ADJOURNMENT: Sandy Jamison moved for adjournment at 8: 10 P.M. , seconded by Buck Miller. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes. Said motion passed 6-0. The next meeting is scheduled for May 18, 1994 . The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for May 4, 1994 which were formally adopted a a proved y the oard on May 18, 1994 . Diana Mundy If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes . They will become so after review and approval, which may involve some changes. - 3 - 05/04/94 STAFF REPORT HISTORIC PRESERVATION BOARD MEETING MAY 4, 1994 AGENDA ITEM IV COA 8-22L IDENTIFICATION SIGNS FOR HISTORIC SWINTON AVENUE. ITEM BEFORE THE BOARD The ,item before the Board is that of design approval for 4 . identification signs for Swinton Avenue. ANALYSIS Elevation A Location: South end of S. Swinton Ave. at S.E. 10th St. on the site of the proposed Pioneer Park. North end of N. Swinton Ave. at N.E. 22nd St. adjacent to Church of the Palms. The signs are free standing, approximately 20 s. f. , one sided and non-illuminated. The sign material is sandblasted redwood with a raised text. The columns are 18" poured concrete with a decorative cast concrete cap. The post and sign will be painted pale coquina and the text will be blue and gold. A colored rendering will be available at the meeting. Elevation B Location: Swinton and S.E. 2nd St. In the park area of the Swinton and Dixie Blvd. cul-de-sac. Signs are free standing, double faced, approximately 9 s .f. The sign material is the same as elevation A; the posts are 4" x 4" p.t. wood. The colors are the same as A. The signs will be reviewed by the Sign Review Committee on April 29 , 1994 and their comments will be presented at the meeting. RECOMMENDED ACTION Approve COA 8-221 based on positive findings to Section 4 .5 . 1(E) . If ____ ,. - —c. ..- . i\/"-( 1 -7---- -".--- . 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Co ��`U'11;+1Jj��' F� ary 5 � S��t SIQ N ElI ti cN K o .. ,.. Z • liti11 &AZ 0.IV..w\.'�w•.� WfaV 5�T r i ,1 - �\o f S•. SI-� \v. OAT `- Cam/ • .1 Y .1 �T .IVa • -r I • i /,// II JOH NO. OCALE 'JY�D ' ` II II(J 1I 1 i ra: °� S �1� Co ) '.•• �, ` �� I (II�f. 11r �.: ' -� II {� �, � :,_ , I,I► l ��«T toeC 1a 'i...-. i.•,. r • ` �COW.� °n1 7 T."lA'S,t - �` t� . '' ''nr,��•�.i,r :,. STAFF REPORT HISTORIC PRESERVATION BOARD MEETING MAY 4, 1994 AGENDA ITEM V Review of a proposed ordinance to establish ad valorem tax exemptions for historic properties. ITEM BEFORE THE BOARD The action requested of the Board is to review the attached draft of the proposed ordinance which would provide certain City tax exemptions for historic properties. The Board is urged to make comments and recommendations. BACKGROUND An initial draft of the ordinance was prepared by the City Attorney's office and was based on the ordinance which has been . adopted by the City of West Palm Beach. Because the Delray Beach Preservation Ordinance and the HPB's procedures differ from those of West Palm Beach, staff made certain changes in the administrative portions of the initial draft. A summary of the changes will be found in the April 25, 1994 memorandum to Assistant City Attorney, David Tolces . The draft presented for your review incorporates these changes. As you review the draft you will note references to Florida Statute 196 . 1997; Rule 1A-38; the Tax Exemption Application; and the Covenant. I have included these, and a brief explanation, with this staff report. EXPLANATION OF THE ATTACHMENTS 1. For a summary of the ordinance please refer to the City Commission Worksession Documentation dated April 5, 1994 . 2. The April 25, 1994 memo to David Tolces summarizes the basic changes to the initial draft which are incorporated in the current draft. 3. Section 196 . 1997 of the Florida Statutes provides the City the authority to adopt an ordinance to grant ad valorem tax exemptions . It also directs the Florida Division of Historical Resources to provide Rules which which to implement the Statute. 4 . Rule 1A-38 provides the guidelines which govern the proposed ordinance. 5. The Application will be required for all tax exemption requests . 6 . The Covenant, required for all exemptions, insures that the property and improvements are maintained for the duration of the tax exemption. The CRA is reviewing the draft ordinance at its meeting of April 28, 1994 . Comments and recommendations from their Board will be presented at the meeting. N. . . CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: INFORMATION REGARDING A PROPOSED ORDINANCE AMENDING SECTION 4.5. 1 HISTORIC PRESERVATION, TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES. MEETING DATE: APRIL 5, 1994 c- THRU: DIANE DOMINGUEZ, DIRECTOR �1 DEPARTMENT OF PLANNING AND ONING PREPARED BY: PAT CAYCAISTORIC PRESERVATION PLANNER BACKGROUND On November 3, 1992 Florida voters approved an amendment to the State constitution that allows local governments to provide property tax exemptions on improvements to historic properties. The Florida legislature enacted Section 196.1997 and 196.1988 to govern the allowance of such exemptions. The goal of this legislation is to encourage preservation and rehabilitation of historic properties and to assist in efforts to revitalize older neighborhoods and commercial areas. Section 196. 1997 provides a great deal of flexibility for communities in drafting an incentive ordinance. The Historic Preservation Board recommended that a draft ordinance be prepared and has made suggestions with respect to the philosophy and objectives of the ordinance as follows: Encourage restoration, renovation and rehabilitation without adversely affecting the property tax base or finances of the City. Assure that the work visibly improves the exterior of the property and therefore improves the neighborhood. Assure that the program is easy to administer by the City. Assure that the incentive is significant enough that property owners will want to participate. SUMMARY OF THE PROPOSED ORDINANCE A property would qualify for tax exemption if it is individually listed on the National Register of Historic Places; is individually listed on the Local Register of Historic Places; or is a contributing (historic) structure located within one of City commission Documentation Meeting of April 5, 1994 Page 2 the City's four Historic Districts. The tax exemption will be available to owners of qualifying residential and commercial properties for a period of 10 years. Qualifying properties will be exempt from that portion of ad valorem taxes levied by the City on 100% of the increased and assessed value resulting from the renovation. The exemption does not apply to taxes levied for payment of bonds, or taxes authorized by a vote of the electors. The exemption does not apply to personal property. In order for proposed rehabilitation to qualify for exemption the improvements must conform to the Rules adopted by the Department of State; and be consistent with Section 5.4.1(8) of the Historic Preservation ordinance which includes the criteria set forth by the Secretary of the Interior's Standards for Rehabilitation. In order to retain an exemption, however, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained over the period for which the exemption is granted. All exemption applications will be submitted on a form which has been adopted by the Department of State and all applications will by reviewed by the Historic Preservation Board through the Certificate of Appropriateness process. After reviewing the application at a public meeting the Historic Preservation Board will then recommend that the City Commission grant or deny the application. A majority vote of the City Commission will be required to approve the tax exemption. The applicant must complete the renovation within 2 years of the initial exemption application. The tax exemption will become effective on January 1 of the year following completion of the work. Palm Beach County has not yet passed a tax incentive ordinance for historic properties, however such ordinances have been established by West Palm Beach and the Town of Palm Beach. Attached is a hypothetical example of the tax benefits as reflected by the proposed ordinance. City commission Documentation • Meeting of April 5, 1994 Page3 EXAMPLE: OWNER OCCUPIED RESIDENTIAL PROPERTY Before Rehabilitation: Property Value $100,000 Homestead Exemption -25,000 Taxable Value 75,000 City Taxes/Yr. (8 Mils) $600 After $30,000 Rehabilitation without Proposed Exemption: Property Value $130,000 Homestead Exemption -25,000 Taxable Value 105,000 Property Tax/Yr (8 Mils) $840 After $30,000 Rehabilitation with Proposed Exemption: Property Value $130,000 Homestead Exemption -25,000 Taxable Value 105,000 Property Tax/Yr $75,000 8 8 Mils $600 Taxes/Yr on $30,000 improv. €1.14 Mils +34 Total Property Tax/Yr $634 Tax Savings per Year $ 206 Total Savings for 10 years $ 2,060 File/c:taxy MEMORANDUM DATE: APRIL 25, 1994 TO: DAVID TOLCES, ASSISTANT CITY ATTORNEY FROM: PAT CAYCE, TORIC PRESERVATION PLANNER SUBJECT: PROPOSED CHANGES IN THE DRAFT OF THE ORDINANCE FOR TAX EXEMPTION FOR HISTORIC PROPERTIES. Diane Dominguez and I have discussed the attached revisions to the draft of the tax ordinance. The revisions are proposed in order to simplify the text by referring to Rule 1A-38 and the Covenant whenever possible, and to allow the Tax Exemption Application (Application) to be reviewed by the Historic Preservation Board in the same manner as the Certificate of Appropriateness (COA) review process which is already established and working effectively. We estimate that the majority of the Applications will involve exterior change and would require a COA. Therefore, we propose to have the Application and the COA reviewed simultaneously by the HPB. Section 4.5. 1(E) Development Standards, the HPB's criteria for granting COA approval, includes the Secretary of the Interior's Guidelines and therefore is in conformity with Rule 1A-38(3) (b) . The basic changes to the draft are as follows: Review of the Application by the HPB rather than the preservation planner. The planner will review the Application for conformity to Rule 1A-38(3) (a) before presenting it to the HPB for review of (b) and (c) . Pursuant to Section 2.4.7(e) , appeals will be made to the City Commission. That only the $25.00 COA filing fee be required for the Application. Elimination of a required annual report as this information would be available to the City Commission at any time due to the COA review process. The addition of a "Reapplication" paragraph. If you feel that the proposed changes conform to the Rules and do not violate any legal concerns you may have, I will present the revised draft to the HPB for comments and suggestions . ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4 .5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4 .5 . 1 (M) , "TAX EXEMPTION FOR HISTORIC PROPERTIES" , TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOM- MENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the citizens of Florida amended the Florida Consti- tution, Article 7 , Section 3(e) , to authorize counties and munici- palities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation or rehabilitation of the historic properties; and WHEREAS, the Florida legislature enacted Sections 196 . 1997 and 196 . 1998, Florida Statutes ( 1992 ) to govern the allowance of such exemptions; and WHEREAS, the City Commission desires to create a partial ad valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS : Section 1. That Article 4 . 5, "Overlay and Environmental Management Districts" , Section 4 .5 . 1, "Historic Preservations Site and Districts" , of the Land Development regulations of the Code Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection 4 . 5 . 1 (M) , "Tax Exemption for Historic Properties" which reads as follows : 4 . 5 . 1(M) Tax Exemption for Historic Properties . ( 1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4 . 5 . 1 (M) (4 ) . Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase and assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. The above exemption does not apply to: (a) Taxes levied for payment of bonds ; (b) Taxes authorized by a vote of the electors pursuant to Section 9 (b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (2 ) Duration of Tax Exemption. (a) The exemption period shall be for ten ( 10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. -However, the- City- Ceti-s-si-on._shall__have -the-discretion- to set a lesser -term if -requestedd--b-y-the- property owner-in -the or-ig-in-al--a-pplica-tion-. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted. ( 3) Effective Date of Exemption. The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. ( 4 ) Qualifying Properties and Improvements . (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: 2 ORD. NO. ( 1) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, or (2) is a contributing property to a national register- listed district; or ( 3 ) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City' s historic preservation ordinance; and (4) has been certified by the Historic Preservation Board as satisfying (a) ( 1) , (2 ) , or (3) . (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: ( 1) be consistent with the United States Secretary of Interior' s Standards for Rehabilitation, as amended. (2 ) be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and (3) be consistent with Section 4 .5 . 1(E) "Development Standards" of the City' s Land Development Regulations . ( 5) Evaluation of Property Used for Government or Nonprofit Purposes . (a) For purposes of the exemption under Section 196 . 1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617 . 013, Florida Statutes . (b) For purposes of the exemption under Section 196 . 1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 3 ORD. NO. ( 6 ) Application for Exemption. Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a written application with the Planning and Zoning Department . The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources . Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2 , the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements . The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. ( 7) Part 1, Preconstruction Application. A Preconstruction Application shall be filed with the Planning and Zoning Department before the qualifying project is initiated. The Preconstruction Application shall also contain information concerning the proposed cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Preconstruction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4 . 5 . 1 (M) (4) (a) and is therefore _eligible for review by the Historic Preservation Board. ( 8) Review of Preconstruction Application by the Historic Preservation Board. The Historic Preservation Board shall review the Precon- struction Application within 60 days of the Historic Preservation Planner' s determination of eligibility. If all or part of the proposed work involves exterior work requiring the issuance of a Certificate of Appropriateness , the exterior portion of the work shall be reviewed in accordance with the Certificate of Appro- priateness process simultaneously with the Part 1, Preconstruction Application. If Site Plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process . A Preconstruction Application which requires a Certificate of Appropriateness shall not be considered until the Certificate of Appropriateness is approved by the Historic Preservation Boar . ( 1) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4 ORD. NO. 4 . 5 . 1 (M) ( 4 ) , the Preconstruction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, and the Board shall issue a written order to the applicant. ( 2 ) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4 . 5 . 1 (M) ( 4 ) , the applicant shall be so advised in writing. -an-rd- the Historic Preservation Board shall make recommendations to- the applicant concerning the cha ges__to--th-e proposed work necessary to make it__ - qualifying improvement____which might bring the--improvement into compliance with the - review standards . ( 9 ) Issuance of Other Permits or Approval . The Building Department must review and approve all Pre- construction Applications with respect to the applicable code requirements before issuing a building permit . ( 10 ) Part 2 , Final Application/Request for Review of Completed Work. <<°- �� w The Final Application/Request for Review of J Completed Work shall be accompanied by documentation of the � ��°� total cost of the qualifying improvements . Appropriate Zd documentation may include, but is not limited to, paid con- tractor' s bills, cancelled checks;, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the Historic Preservation Board shall conduct a review at a -' regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work ✓' described in the Preconstruction Application, approved amendments, if any, and Section 4 . 5 . 1 (M) (4 ) (b) . After the above review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (h;) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4 . 5 . 1 (M) ( 4 ) , the Board shall approve the Final Application/Request for Review of Completed Work and issue a written order to the applicant . The City r.es-er-ve-s' th\ --right inspect the completed work to z�. er- verify such compliance . The review of the Historic Preservation Board shall be completed within thirty ( 30 ) days '<\ of the receipt of the Final Application/Request for Review of Completed Work. 5 ORD. NO. (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4 . 5 . 1 (M) (4) , the applicant shall be advised that the Final Application has been denied. Such denial shall be in writing and the Historic Preservation Planner shall provide a written summary of the reasons for the determination, i-ncluding recommendations to the applicant concerning__.the changes 1-6—the- proposed work_necessary- to make it a qualifying improvement and bring it into compliance with the review standards . - ( 11) Appeal to the Historic Preservation Board' s Decision. Review and reversal of any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2 .4 . 7 (E) , "Appeals . " ( 12 ) Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval . The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, require the owner to record the restrictive covenant as provided in Section 4 .5 . 1 (M) ( 13) in the official records of Palm Beach County as a condition of receiving the exemption, the period of time the exemption will remain in effect, and the expiration date of the exemption. ( 13) Historic Preservation Exemption Covenant. To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant shall be in a form as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferrees, and their heirs , assigns and 6 ORD. NO. successors . A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212 . 12 (3) , Florida Statutes . ( 14) Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1 Preconstruction Appli- cation by the Historic Preservation Board. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a sub- stantial improvement in accordance with the procedures of the City's Building Code. ( 15) Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restric- tive covenant by the Historic Preservation Planner, the Preservation Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. ( 16) Revocation Proceedings . (a) The Historic Preservation Board may initiate pro- ceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Board shall provide notice to the current owner of record of the property and hold a revocation hearing in the same manner as in Section 4 . 5 . 1 (M) ( 10) , and make a recommendation to the City Commission. 7 ORD. NO. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 4 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. ( 17) Reapplication. An applicant previously granted a Historic Rehabilitation tax Exemption by the Historic Preservation Board may undertake an additional substantial improvement project during the Exemption Period, or following its expiration, and reapply for an additional Historic Preservation Tax Exemption for such subsequent work. Section 2 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4 . That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994 . MAYO R ATTEST: City Clerk First Reading Second Reading tax.ord 8 ORD. NO. t RULES OF THE DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES RULE 1A-38, FLORIDA ADMINISTRATIVE CODE TAX EXEMPTION FOR HISTORIC PROPERTIES RULE CHAPTER TITLE: RULE NO. Tax Exemptions for Historic Properties 1A-38 RULE NOS. RULE TITLES: 1A-38.001 Purpose 1A-38.002 Definitions Application for Exemption 1A-38.003 Evaluation of Property 1A-38.004 Evaluation of Improvements 1A-38.005 1A-38.006 Covenant Certification of Local Historic Preservation Office 1A-38.007 RULES OF THE DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES CHAPTER 1A-38, FLORIDA ADMINISTRATIVE CODE TAX EXEMPTIONS FOR HISTORIC PROPERTIES 1A-38.001 Purpose. The purpose of this rule is to implement Sections 196.1997 and 196.1998, F. S. , which provide a local option property tax exemption for improvements to historic properties. Specific Authority 120 .53, 196.1997(6) , (13) , 196.1998(3) FS. Law implemented 196.1997, 196.1998, FS. History--New 1A-38 .002 Definitions. The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning: (1) "Contributing property" means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time, b) is capable of yielding important information about the period, or c) it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated herein by reference. (2) "Division" means the Division of Historical Resources of the Department of State. (3) "Local Government" means the Board of County Commissioners or the governing authority of the municipality that has adopted an ordinance providing for property tax exemption for improvements to historic properties pursuant to Sections 196.1997 or 196. 1998, F. S. (4) "Local Historic Preservation Office" means a local government agency certified by the Division as qualified to review applications for property tax exemption. (5) "National Register of Historic Places" means the list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended. (6) "Noncontributing property" means a building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because a) it was not present during the period of significance, b) due to alterations, disturbances, additions, or other changes, it no longer possess historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or c) it does not independently meet the National Register of Historic Places criteria for evaluation. Specific Authority 120.53, 196. 1997, 196.1998 FS. Law Implemented 196.1997, 196.1998 FS. History--New 1A-38. 003 Application for Exemption. (1) Applications for the property tax exemption shall be made on the Historic Preservation Property Tax Exemption Application, DOS Form No. HR3E101292, incorporated herein by reference. A 'Preliminary Application shall be submitted before ; improvements are initiated to obtain preliminary approval of proposed work. A Final Application shall be filed upon substantial completion of the improvements. (2) Completed applications and all required supporting material shall be submitted by the property owner to the Local Historic Preservation Office or the Division, whichever is applicable under the local ordinance. (3) Within 30 days of receipt of the completed application and supporting materials, the Local Historic Preservation Office or Division shall conduct a review to determine (a) whether or not the property for which an exemption is requested satisfies Section 196.1997 (11) (a) , F. S. , (b) whether or not the improvement is consistent with the United States Secretary of Interior's Standards for Rehabilitation, incorporated herein by reference, and (c) whether or not the improvement meets the criteria in rule 1A-38, F. A. C. (4) :?he Local Historic Preservation Office or Division shall recommend that the local government grant or deny the exemption. The recommendation, and the reasons therefor, must be provided in writing to the applicant and to the local government. Such notice must advise the applicant of his right to a fair hearing pursuant to Section 120.57, F. S. Specific Authority 196. 1997 (6) FS. Law Implemented 196. 1997 , 196.1998 FS. History--New 1A-38 .004 Evaluation of Property. (1) For properties located in a historic district listed in the National Register of Historic Places, the Local Historic Preservation Office or the Division shall apply the definitions of contributing and noncontributing -properties as set forth in rule 1A-38 . 002 (1) and 1A-38 .002 (6) , respectively, to determine whether or not the property is a contributing property. (2) For properties located in a historic district designated by local ordinance, the Local Historic Preservation Office or the Division shall apply the criteria set forth in the local ordinance to determine whether or not the property is a contributing property. If the local ordinance does not include criteria to determine whether or not the property is a contributing property in a designated historic district, the Local Historic Preservation Office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in rule 1A-38.004 (1) . (3) For purposes of the exemption under Section 196. 1998, F. S. , a property is being used for government or nonprofit purposes i if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or local government or a nonprofit organization certified by the Department of State under Section 617 .013, F. S. (4) For purposes of the exemption under Section 196. 1998, F. S. , a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing in this rule shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. Specific Authority 120.53, 196.1997(13) , 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History--New 1A-38.005 Evaluation of Improvements. The Local Historic Preservation Office or the Division shall apply the recommended approaches to rehabilitation as set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, revised 1990, incorporated herein by reference, in evaluating the eligibility of improvements to the historic property. Specific Authority 120.53, 196.1997(8) F.S. Law Implemented 196.1997 F.S. History--New 1A-38.006 Covenant. (1) The Historic Preservation Property Tax Exemption Covenant, DOS Form No. HR3E111292, which the property owner must enter into with the local government granting an exemption pursuant to Sections 196.1997 or 196.1998, F.S. , is incorporated herein by reference. Specific Authority 120 .53, 196.1997(7) FS. Law Implemented 196.1997 , 196 .1998 FS. History--New 1A-38.007 Certification of Local Historic Preservation Office. (1) Criteria for certification shall be as set forth in the Florida Certified Local Government Guidelines promulgated by the Division and incorporated herein by reference. (2) Certified Local Governments shall automatically be- Local Historic Preservation Offices for the purposes set forth in Sections 168.1997 and 168.1998, F. S. (3) Other local governments requesting certification of the Local Historic Preservation Office shall apply on the Application for Certification, Florida Certified Local Governments Program, which is Appendix C to the Florida Certified Local Government Guidelines. (4) Within 60 days of receipt of a complete application and all required supporting material, the Division shall render a determination regarding the application, either approving or denying certification. For denials, the Division shall provide the applicant with a written explanation, clearly indicating the reasons for denial. (5) If certification is approved, the Local Historic Preservation Office shall enter into an agreement with the Division to maintain a program which meets the minimum requirements set forth in the Florida Certified Local Government Guidelines. The local government shall continue to be certified so long as the terms of the referenced Agreement are met. Specific Authority 120.53 , 196.1997(6) FS. Law Implemented 196 . 1997, 196.1998 FS. History--New