HPB 11-15-1995 L KFi i.
*.*.*:.*-* I\
Ait-knerica City
10 I
1993 AGENDA
HISTORIC PRESERVATION BOARD MEETING
CITY OF DELRAY BEACH
Meeting Date: November 15, 1995
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
November 1, 1995
III. PUBLIC HEARING ITEMS
None
IV. CERTIFICATES OF APPROPRIATENESS
A. COA 8-265. Parking Lot Associated with the Redevelopment of
Block 76. Presented by Jeff Costello, Senior Planner.
Approval of site plan and landscaping plan for a parking lot in Block
76 which is being developed by the Community Redevelopment.
Agency.
HPB Meeting
November 15, 1995
Page 2
V. DISCUSSION AND ACTION ITEMS
Examine and re-evaluate LDR Section 4.5.1 with respect to possible
revisions to the Historic Preservation Ordinance which was enacted as
Ordinance 13-87 on March 10, 1987.
VI. REPORTS AND COMMENTS
A. Reports form Historic District Representatives
B. Board Members
C. Staff
VII. ADJOURN
Pat Cayce
Historic Preservation Planner
POSTED ON: November 9, 1995
file/HPB11-15
MINUTES OF THE HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
PUBLIC HEARING
MEETING DATE: NOVEMBER 15, 1995
LOCATION: FIRST FLOOR CONFERENCE ROOM
I. ROLL CALL:
The meeting was called to order by the Chairman at 6:00 P.M. Upon roll call it
was determined that a quorum was present.
MEMBERS PRESENT: Chairman Vaughan, Buck Miller, Julie Morgan, John
Johnson, Vera Farrington, Debora Turner, Pat Healy-
Golembe
STAFF PRESENT: Pat Cayce, Jeff Costello, Diana Mund
II. APPROVAL OF MINUTES:
The Minutes for the Regular Meeting of November 1, 1995 were before the
Board for consideration. Mr. Miller moved to approve the Minutes as presented.
The motion was seconded by Ms. Morgan and passed by a vote of 7-0.
III. PUBLIC HEARING ITEMS:
None
IV. CERTIFICATES OF APPROPRIATENESS:
A. COA 8-265: Parking Lot Associated with the Redevelopment of Block 76;
Chris Brown & Ron Hoggard, Community Redevelopment Agency (CRA),
Applicant; Presented by Jeff Costello, Senior Planner.
Item Before the Board: The action requested of the Board is that of
approving a COA for a site plan and landscape plan for a parking lot in
Block 76 which is being developed by the CRA.
It was moved by Ms. Turner, seconded by Ms. Golembe and passed 7-0
to recommend to the City Commission approval of a waiver for COA 8-
265, to LDR Section 4.6.16(H)(3)(k), to not provide a landscape strip
between the parking tiers to accommodate a 12' wide central walkway.
It was moved by Ms. Turner, seconded by Mr. Miller and passed 7-0 to
recommended to the City Commission approval of a waiver for COA 8-
265, to LDR Section 5.1.3(D)(2), to reduce the required right-of-way width
for N.E. 2nd Avenue from 60' to 50', thus waiving the requirement for this
development to dedicate 5' of right-of-way.
It was moved by Mr. Miller, seconded by Ms. Golembe and passed 7-0 to
approve the site plan for COA 8-265 for the CRA Parking Lot, Block 76
Redevelopment based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(F)(5) (Compatibility Findings)
of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That an executed cross-access agreement be provided along the
north side of Craig's Furniture warehouse building where the drive
aisle encroaches on Criag's property; and,
2. That a recorded Unity of Title be provided.
It was moved by Ms. Turner, seconded by Ms. Morgan and passed 7-0 to
approve COA 8-265 for the landscape plan for the CRA Parking Lot,
Block 76 Redevelopment based upon positive findings with respect to
LDR Section 4.6.16, with the following conditions:
1. That 3 groupings of booted Saba! Palms be provided within the
landscape area across from Craig's Furniture Warehouse; and,
2. That an additional Crepe Myrtle tree be provided within the landscape
island at the north end of the parking lot.
It was moved by Ms. Turner, seconded by Ms. Golembe and passed 7-0
to approve COA 8-265 for the design element for the CRA Parking Lot,
Block 76 Redevelopment based upon positive findings with respect to
LDR Section 4.5.1.
V. DISCUSSION AND ACTION ITEMS:
A. Examine and re-evaluate LDR Section 4.5.1 with respect to possible
revisions to the Historic Preservation Ordinance which was enacted as
Ordinance 13-87 on March 10, 1987.
After a brief discussion by the Board it was moved by Mr. Johnson,
seconded by Ms. Golembe and passed 7-0 to recommend that the City
Commission retain a Historic Preservation Attorney, who would work with
the City's attorney to look at the City's Historic Preservation Ordinance
and make recommendations to the Historic Preservation Board re:
revisions to the ordinance.
-2- 11/15/95
The Board then had a discussion about being more user friendly towards the
public and came up with the following suggestions:
• Update their brochures;
• Hold public workshops; and,
• Inform the public that Historic Palm Beach County has a library available for
their use.
After a brief discussion about the ad valorem tax exemptions for historic
properties ordinance which was previously turned down by the City Commission,
it was moved by Mr. Johnson, seconded by Ms. Golembe and passed 7-0 that
the ordinance be resubmitted to the City Commission.
After a brief discussion about the expanding work load of the City's part time
Historic Preservation Planner position it was moved by Ms. Turner, seconded by
Ms. Golembe and passed 7-0 to recommend to the Director of Planning and
Zoning that the City hire a Historic Preservation Planner in addition to the
existing part time Historic Preservation Planner in FY 96/97 Budget.
VI. REPORTS AND COMMENTS:
A. Reports from Historic District Representatives
None
B. Board Members
After a brief discussion by the Board it was determined that the HPB
Award be given on a monthly basis. Ms. Golembe volunteered to take
over the job of contacting award winners, moving the signs, and taking a
photo of the award winning property.
The Board requested that they be put on the list to receive a copy of the
City's News for Neighborhoods news letter.
C. Staff
None
VII. ADJOURNMENT:
There being no further business before the Board, Ms. Golembe moved to
adjourn the meeting at 7:50 P.M., seconded by Ms. Farrington and passed 7-0.
-3- 11/15/95
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
November 15, 1995, which were formally adopted and approved by the Board on
December 6, 1995.
Diana Mund
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.
-4- 11/15/95
t
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 15, 1995
AGENDA ITEM: IV.A.
ITEM: COA 8-265 for the site plan, landscape plan and design elements for CRA
Block 76 Parking Lot, located one-half block north of E. Atlantic Avenue,
between N.E. 1st and 2nd Avenues.
—C� <—
111 I_ _ —— - -_�<- -<-- -- aY v—_�
. �N.E. TSTRT N.E.. . 1ST .
n.
S — —
W
Q
= Z Sa1DOL — —Z —2 —
a r. a SQUARE -
- __ —__
_ TENNIS ••����� N —N
—
STADIUM W W—� I _�ti-���
z l j " IJ
ATLANTIC AVENUE
' IIIII PoucE SOUTH �� ®"
T , —..DEPARTMENT COUNTY < -I?
COURT 4— <..<� _<--I <- -<—
NOUSE __ __— _
o z —FA of ■■ice — S E—
YY��f � N—_. N— —f �--b —
. 1- -
Ni of vi of— Sri._— '■.y _u{— _,
GENERAL DATA: 1
Owner Community Redevelopment Agency
Applicant Ron Hoggard
Community Redevelopment Agency
Location One-half block north of E. Atlantic Avenue, between N.E. 1st and
2nd Avenues.
Property Size 1.33 acres
Future Land Use Map Commercial Core and Mixed Use
Current Zoning CBD (Central Business District) and OSSHAD (Old School Square
Historic Arts District)
Adjacent Zoning North: CBD and OSSHAD
East: CBD
South: CBD and OSSHAD
West: OSSHAD
Existing Land Use Vacant property, formerly the site of Pierce Tire.
Proposed Land Use Construction of a public parking lot in two phases: 114-spaces
with associated landscaping (Phase I) and d 22 spaces with
associated landscaping (Phase II).
dater Service n/a
ewer Service n/a
IV.A.
The item before the Board is that of consideration of COA 8-265
which incorporates the following aspects of a development
proposal for CRA Parking Lot, Block 76 Redevelopment:
❑ site plan;
❑ landscape plan; and,
❑ design elements
The subject property is located one-half block north of East Atlantic
Avenue, between N.E. 1st and N.E. 2nd Avenues.
As the west half of the property is within the Old School Square
Historic District, action on the site plan will be taken by the Historic
Preservation Board.
The subject property consists of Lots 3, 4, 5, 8, 9 and portions of Lots 6, 10, 11,
and 12, Block 76, Town of Delray. A 16 foot wide north/south alley bisects the
property, which is currently vacant and contains 1.33 acres. The east half of the
property contained the Pierce Tire buildings which were demolished in late
October of this year.
On October 25, 1995, a full site plan application was submitted for a two-phased
public parking lot, which is now before the Board for action.
The development proposal is a two-phased project consisting of the following:
Phase I: •
❑ Construction of a 114-space parking lot with associated landscaping and
paver blocks at the parking lot entrances;
❑ Construction of a centrally located 12' wide pedestrian walkway within the
parking lot connecting N.E. 1st and 2nd Avenues; and,
❑ Restriping of the diagonal parking spaces along N.E. 1st Avenue to
accommodate parallel spaces.
In conjunction with the Phase I proposal, a landscape waiver is being requested
to not provide the required 5' wide landscape strip between parking tiers,
adjacent to the 12' pedestrian walkway.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment- Site Plan Approval
Page 2
Phase II :
❑ Construction of 22 parking spaces at the northeast corner of the site along
with associated landscaping.
.. ............................................. _
.........................:........................
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
•
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
Right-of-Way Dedication
Pursuant to LDR Section 5.3.1.(D)(2), the required right-of-way width for N.E.
2nd Avenue is 60 feet and only 50 feet exists. Therefore, this development is
required to dedicate 5 feet of right-of-way. However, pursuant to Section
5.3.1(D)(4) (Reduction in Width), reduction in the required right-of-way width may
be granted by the body having the approval authority of the associated
development application provided the City Engineer is supportive of such a
request. The City Engineer has determined that 50 of right-of-way is sufficient
for this roadway section and thus, supports a reduction of right-of-way. Based
upon the above, it is appropriate to grant a waiver to this code requirement.
Site Lighting
Site lighting fixtures in compliance with LDR Section 4.6.8 (Lighting) will be
provided. The light fixtures will be consistent with those provided along East
Atlantic Avenue, at Old School Square, and in the municipal parking lots
throughout the Central Business District.
COMPREHENSIVE PLAN POLICIES:
� -
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy is noted.
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use
needs.
The property is currently vacant and was previously disturbed. There are no
special physical or environmental characteristics of the land that would be
negatively impacted by the proposed parking lot. The proposed landscaping
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment-Site Plan Approval
Page 3
associated with the parking lot will be an enhancement to the area and will be
complimentary to the surrounding commercial uses. The parking lot will fulfill a
need for parking in this area of the City's Central Business District.
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate to the following areas:
Section 3.1.1(A) - Future Land Use Map: The west half of the subject property
has a Mixed Use Future Land Use Map designation and the east half of the
property has a Commercial Core designation. The west half is zoned OSSHAD
(Old School Square Historic Arts District) and the east half is zoned CBD
(Central Business District). The zoning districts are consistent with their
respective land use designations.
Within the CBD and this geographical area of the OSSHAD, public parking lots
and garages are allowed as a permitted use [ref. LDR Sections 4.4.13(B)(3) and
4.4.24(B)(9)]. Based upon the above, a positive finding can be made with
respect to consistency with the Future Land Use Map.
Section 3.1.1(B) - Concurrency: Concurrency as defined• pursuant to
Objective B-2 of the Land Use Element of the Comprehensive Plan must be
met and a determination made that the public facility needs of the
requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of,
needed capital improvements.
•
The proposed parking lot will not have any impacts on level of service standards
as they relate to water, sewer, traffic, parks and recreation facilities or solid
waste. With respect to drainage, engineering plans and drainage calculations
have been submitted which comply with SFWMD standards. The engineering
plans indicate that drainage will be retained on site via an exfiltration system.
Based upon the above, positive findings with respect to this level of service
standard can be made.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As
described in Appendix A, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment- Site Plan Approval
Page 4
Section 3.1.1 (D) - Compliance With the Land Development Regulations: As
described under the Site Plan Analysis of this report, a positive finding of
compliance with the LDR's can be made, provided the conditions of approval are
addressed.
Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of
Chapter Three, the approving body must make a finding that the
development of the property pursuant to the site plan will be harmonious
with the adjacent and nearby properties and the City as a whole, so as not
to cause substantial depreciation of property values.
The subject property is bordered by the following: on the north and south by the
OSSHAD and CBD zoning districts; by the CBD to the east; and, by the
OSSHAD zone district on the west. The surrounding land uses are: to the north,
is Goodwill and Love's Drugs buildings; to the west is Old School Square; to the
south is a vacant commercial building, Craig's Furniture warehouse, a barber
shop and Sal's Sporting Goods; and, to the east is the Ocean City Lumber
Complex.
Compatibility with the surrounding commercial properties is not a concern.
Development of this property will be an asset to the area and provide necessary
parking in close proximity to many redevelopment projects and public facilities
i.e. Old School Square, the Tennis Center, Ocean City Lumber Complex, and
Block 85. This development proposal will be harmonious with the adjacent
properties and should enhance property values within this area.
Internal Landscaping
Pursuant to LDR Section 4.6.16(H)(3)(k), where parking tiers abut each other a
5' wide landscape strip must be provided. A landscape area has not been
provided between the parking tiers where the central walkway is proposed. It is
anticipated that this area will be utilized for a variety of special events and
activities which may involve vendors. If landscaping is provided in this area it will
be severely damaged and would be a high maintenance and replacement item.
In order to alleviate these costs, a waiver is being requested. Based upon the
above, it is appropriate to grant the waiver.
The internal landscape islands provided on the balance of the site will consist
primarily of Mahogany and Crepe Myrtle trees with Swordfern and Keys Spider
Lilly underplantings. At the north end of the parking lot, Cocoplum hedges will
also be installed within the landscape strips. The landscape islands adjacent to
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment - Site Plan Approval
Page 5
the central walkway will contain Royal Palms with Keys Spider Lily
underplantings, which will provide a aesthetically pleasing canopy consistent with
that provided at Old School Square.
Perimeter Landscaping
Royal Palm trees with Keys Spider Lilly underplantings are proposed within the
landscape islands adjacent to N.E. 1st Avenue including the parking lot
entrances and adjacent to the central walkway at N.E. 2nd Avenue. The Royal
Palms carry-over the theme that exists at Old School Square. Cocoplum hedges
will be installed around the perimeter of the parking lot. The landscape islands
adjacent to the driveways on N.E. 2nd Avenue will contain Crepe Myrtles. The
perimeter landscape strips at the north and south sides of the parking areas will
contain variety of trees which include Wax Myrtle, Mahogany, Crepe Myrtle, and
Gumbo Limbo.
::>::>::>:::::<:>::>::>::::»::::::::>::>::::::>::>::»::>::>::»>::::>::»:::»::<:::
<< >'€ ..: .>>T.:.;:.:_:_.; .»N . ::.,,<.;:.:'<< ' ><' » >m '< o::>::>:::::::>::>::»>;:::::>::>::>::>::>::::>::>::»>::>::>:;:::»::>::::>::::>::>:::: .. .. ::. ..l�l.....E..l....E...E�I..E..lSI..T.�..............
Pedestrian Connection
Within the parking area there will be a centrally located walkway providing a
pedestrian connection between N.E. 1st and 2nd Avenues. The walkway will
consist of paver block nodes at N.E. 1st and 2nd Avenues and the center (within
the alley). The balance of the walkway will consist of coquina style pressed
concrete with paver block bands. The proposed walkway is consistent with the
hardscape improvements at Old School Square.
•
Cross-Access Easement
•
The parking lot drive aisle immediately north of the Craig's Furniture warehouse
is located on Craig's property. In order to allow this to occur, a cross-access
easement must be executed, which has been attached as a condition of
approval. The CRA (Community Redevelopment Agency) has been informed of
this requirement and is on the process of resolving this item.
Unity of Title
As the proposal involves the installation of improvements over lot lines, a
recorded unity of title must be provided which combines the lots. The CRA has
been informed of this requirement and is on the process of resolving this item.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment- Site Plan Approval
Page 6
N.E. 1st Avenue On-Street Parking
As part of this proposal the diagonal parking spaces on the east side of N.E. 1st
Avenue will be restriped to accommodate parallel parking spaces. The restriping
will provide a safer parking arrangement along N.E. 1st Avenue especially in
proximity to the proposed parking lot entrances. While the number of on-street
parking spaces will be reduced, the proposed parking replaces those spaces that
have been eliminated and improves public safety.
Community Redevelopment Agency
At its meeting of November 9, 1995, the CRA reviewed and recommended
approval of the development proposal.
Downtown Development Authority
This item has been scheduled for the DDA meeting of November 15th. Their
recommendation will be presented at the HPB meeting.
Pineapple Grove Mainstreet Program
At its meeting of November 8, 1995, the Board reviewed and recommended
approval of the development proposal.
Special Courtesy Notice:
Courtesy notices were provided to the Old School Square Homeowner's
Association and Old School Square Foundation. Letters of objection or support,
if any, will be presented at the HPB meeting.
•
........... . ...
•
Ana
.....C.O..[+1.C..L.u.v.f::O fir
::::.:::::.............. ...
The proposed development is consistent with the policies of the Comprehensive
Plan as well as Chapter 3 and Section 2.4.5(F)(5) of the Land Development
Regulations. This parking lot will provide parking for an area of the Downtown
which has an insufficient number of spaces to accommodate events at Old
School Square and other redevelopment projects throughout the Central
Business District. While addressing a parking need, the development proposal
will be an enhancement to the area.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment - Site Plan Approval
Page 7
A. Continue with direction and concurrence.
B. Approve COA 8-265 for the site plan, landscape plan and design
elements for CRA Parking Lot, Block 76 Redevelopment based upon
positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(F)(5) (Compatibility Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to
conditions.
C. Deny COA 8-265 for the site plan, landscape plan and design elements
for CRA Parking Lot, Block 76 Redevelopment with the basis stated.
A. Waivers
1. Recommend to the City Commission approval of a waiver to LDR
Section 4.6.16(H)(3)(k), to not provide a landscape strip between
the parking tiers to accommodate an 12' wide central walkway.
2. Approve a waiver to LDR Section 5.1.3(D)(2), to reduce the
required right-of-way width for N.E. 2nd Avenue from 60 feet to 50
feet, thus waiving the requirement for this development to dedicate
5 feet of right-of-way.
B. Site Plan
Approve COA 8-265 for the site plan for CRA Parking Lot, Block 76
Redevelopment based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(F)(5) (Compatibility Findings)
of the Land Development Regulations, and the policies of the •
Comprehensive Plan subject to the following conditions:
1. That an executed cross-access agreement be provided along the
north side of Craig's Furniture warehouse building where the drive
aisle encroaches on Craig's property; and,
2. That a recorded Unity of Title be provided.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment - Site Plan Approval
Page 8
C. Landscape Plan
Approve COA 8-265 for the landscape plan for CRA Parking Lot, Block
76 Redevelopment based upon positive findings with respect to LDR
Section 4.6.16. c",/ �� ����� �
D. Design Element
Approve COA 8-265 for the design element for CRA Parking Lot, Block
76 Redevelopment based upon positive findings with respect to LDR
Section 4.5.1.
Attachments:
❑ Appendix A
❑ Site/Landscape Plan
Staff Report prepared by : Jeff Costello, Senior Planner
A. Building design, landscaping, and lighting (glare) shall be such that
they do not create unwarranted distractions or blockage of visibility
as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Appropriate separation of travelways is made for vehicles, bicycles,
and pedestrians in a manner consistent with objective D-1 of the
Traffic Element.
Not applicable
Meets intent of standard X _
Does not meet intent
•
C. Open Space enhancements described in Open Space and Recreation
Objective B-1, are appropriately addressed.
Not applicable ,
Meets intent of standard X
Does not meet intent
D. That any street widening associated with the development shall not
be detrimental upon desired character and cohesiveness of affected
residential areas.
-
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent
development regardless of zoning designations.
HPB Staff Report
CRA Parking Lot Block 76 Redevelopment- Site Plan Approval
Page 10
Not applicable X
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future
use and intensity are appropriate in terms of soil, topographic, and
other applicable physical considerations; complementary to adjacent
land uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on the
remaining vacant land is discouraged.
Not applicable X
Meets intent of standard
Does not meet intent-
I
MATERIAL SCHEDULE
Qty. Key Botanical/Common flame Size
12 Rep Roystonea elata/Royal palm 3ft. grywd.mtchg. N
15 Smt Swietenia mahogany/Mahogany tree 12x6ft.oa. B&B t1
1 Qvt Quercus virginiana/Live oak tree N
3 Bst Bursera simaruba/Gumbo limbo tree 12x6ft.oa. BAB N
10 Lit Lagerstroema indica/Crepe myrtle tree " " " red
4 Mct1 Myrica cerifera/Wax myrtle tree 12x6ft.oa. 03B flat sided N
3 Mot " 12x6ft. oa. IMO N
146 Nee Nephrolepis e. "swordfern" 12-15" lgal N
10Ij Ill . Ilymenocalis latifolia/Keys spider lily " " N
528 Ci Chrysobalanus icaco/Cocoplum 24" 3g. N
160 Ceb Larissa e. blanket/Natal plum 15-18" 3g. • ..
-
Typar filter cloth (or approved equal) ""r Sa9'ol'2o'E I35.0o' i
Planting soils,see specifications -------- -------- i
Mulch ,see specifications 0 1-
Sod; Bahia i Ploratam (see plan) I. • I::::::
FUTURE �':
iI. PARKING LOT - ( C::
Note: Tree 3 palm locations to be coordinated in-field with �"'7. 1' t:::-:
NOT IN CONTRACT Light standards to avoid conflicts. W WI YJIH:A --J
—)$p•11 I I I I I I I II ' I.`•.'
2 • If I I 1 ( I I I n R
I
11 1 1 1 1 1 I 1 11 11 —----,. :
• I' LL-1_J— L. 1 _1 J —L-11 11 �:`
I
30.0o 11 W
f r r T -r-r-n II ---_ =
(YP)
Licht Standard t I. R 1 i I :
I I 1 I 1 1 I II
• -- • x69•07•20• In.MY .� r :.'• W
y.. e � itiLi • =� _'= ' r ` C � . '/ i-i::h �. .ea� arsl:
NillirIMMIIIIIIIIIK 'gar t
AL �a ; l ii!!i': o
*iv Mr, 7 �`,r ., .I .
•
. , ./. /.1A) • 1) 44:3 , 4.f..)
.. (ifli Q.
,= ft-
.> l z
crwwt r._ e r.;; .'-_ vI o w,,� •41
o o . l; \
. ,ai Iii
/ o; (.1 rr,.. -Si, s w ifs.
_ r.o
�'�� 1_�iiiinio�iii :i'- - -- t;., :•:rs .m w.. ��ii"•
, o ff .•
11; , 11_ 1 r , , fij
2 I
p' 'IU
1 An
�! An-
TV .Brink Parer(typ)
m ����1�
� a-2a•.So ao re:
11:#1414p fI1�?�?r"/1� VIr.iii t?� I . �VP"AArlig/) Z/Ir%/_l4li�:,l
rr „AI .177
i♦ . . 11�1��. 0 FAQ �dp i-
04_ ... _: =7.07,5,
:.......________
I
•
et,..4
'- I250f - .�' o,(iz., ,
I 1_.
tc�•
1A �I r..,,K,� III li I
,1 '�t
imp ROTIH[L10Ea 'a :-y
- dIW �. ,:.: ,,.
. tOt:�4!'�%i::l rL.tri'rrtt�. 4- :•it
- - ,::.
r 1:•:
3aoo' -•Se9'Sa•29'E I2199'•,- ' •_ 19'0 1°'
` �`°I I PAHCIMO LOi•i'i �I •" c
ri
k . .
rrot INnwRo $ '
I $ Sf'\/- ''''Ili 11 I'
I Mr b
�4y I t
!M . _ __._ car 01'20.V 125.00' 16.00' Ha9.O1'20'Y 50.00' i,"" ��;i�5 �Y,��p _,_
ALLEY •ilkri, 0B1-2a7k_E570.
o $
SITE ILANaSC�400E ,A/ t:ant 9t.od..d,:r.,
MEMORANDUM
HISTORIC PRESERVATION BOARD MEETING
NOVEMBER 15, 1995
AGENDA ITEM V
Enclosed are the preservation ordinances from West Palm Beach and the Town
of Palm Beach. As you compare to them to our ordinance, which is also
enclosed, it would be helpful if you would note your comments on the attached
forms. Identify areas where you feel our ordinance could be improved or needs
revision. For example, both Palm Beach and West Palm Beach address
Demolition by Neglect, our ordinance does not; the Board might consider adding
this to Section 4.5.1(F). The West Palm Beach ordinance contains a provision
for Removal of Designation which could be an appropriate text addition to
section 4.5.1(C).
Any changes to the ordinance will be treated as text amendments to the Land
Development Regulations. Proposed text amendments are submitted to the
Planning & Zoning Board for approval of recommendation to the City
Commission, which has final approval for all text amendments.
file/ordinanc
........... .................................
Comments:
(B) Cr{terra for Designation>of Historic Sites or Districts
Comments:
2
•
(C) Designafiion Procedures
Comments:
•
•
Q Review and Approval Procedures
Comments:
•
(Ej Development}Standards
Comments:
5
(F) Restrictions on Dern:ol�t�ons
Comments:
6
4G) Unsafe Buildings
Comments:
(Hj Undue Economic Hardship
Comments:
8
i O Histori� Preservation Baard av Act on Si#e Plans, Lands ape
Plans, and Architectural Elevations
Comments:
9
(Jj; H�stor�c Preseruatton Board to Act apt 1/ar�ance Requests......
Comments:
io
(K) Ds�gna��on of AD
Comments: Saes
Comments:
11
(•L Designatcon of Historic Drstr�cts
Comments:
12
City of Delray Section 4.5. 1
Alannirr
100 N.W. 1st
Delray Beach,
. �* ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not establish uses or
categorize uses . These Districts, however, do regulate allowable
uses in a manner to mitigate adverse impacts of such uses upon
the natural or man-made environment; or regulate development so
as to mitigate potential dangers to the use of such developed
land, or to otherwise implement policies and objectives of the
Comprehensive Plan. Overlay and environmental management
districts need not be shown on the Official Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in
the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the
identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are
reminders of past eras, events, and persons important in local,
. state, and national history; that provide significant examples of
architectural styles of the past; that are unique and
irreplaceable assets to the City and its neighborhoods; or that
provide this and future generations with examples of the physical
surroundings in which past generations lived; and other purposes.
(B) Criteria for Designation of Historic Sites or
Districts:
( 1) To qualify as a historic site, or historic
district, or historic interior, 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) .
(2) A building, structure, site, interior, or district
will be deemed to have historical or cultural significance if it
meets one or more of the following criteria:
(a) Is associated in a significant way with the
life or activities of a major person
important in city, state, or national
history ( for example, the homestead of a
local founding family) ;
4501
Section 4.5.1 (B)
(b) Is the site of a historic event with
significant effect upon the city, state, or
nation;
(c) Is associated in a significant way with a
major historic event, whether cultural,
economic, social, military, or political;
(d) Exemplifies the historical, political,
cultural, economic, or social trends of the
community in history; or,
(e) Is associated in a significant way with a
past or continuing institution which has
contributed substantially to the life of the
city.
(3) A building, structure, site, or district is deemed
to have architectural or aesthetic significance if it fulfills
one or more of the following criteria; except that to qualify as
a historic interior, the interior must meet the criteria
contained within divisions (3) (b) and (3) (d) :
(a) Portrays the environment in an era of history
characterized by one or more ' distinctive I
architectural styles;
(b) Embodies those distinguishing characteristics
of an architectural style, period, or method
of construction;
(c) Is a historic or outstanding work of a
prominent architect, designer, landscape
architect, or builder; or
(d) Contains elements of design, detail,
material, or craftsmanship of outstanding
quality or which represented, in its time, a
significant innovation or adaptation to the
South Florida environment.
(4) A building, structure, site, interior, or district
will be deemed to have historic significance if, in addition to
or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic development
standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as
prepared by the United States Department of the interior under
the Historic Preservation Act of 1966, as amended. A copy of
these standards for the National Register is made part of this
section as if fully set forth herein.
4502
Section 4.5.1 (C)
(C) Designation Procedures:
( 1) Buildings, structures, archaeological sites, or
districts which meet the criteria for historic sites or districts
set forth in Section 4 .5. 1(B) may be designated as historic sites
or districts, and may be listed on the Local Register of Historic
Places.
(2) Nominations for historical site or district
designation shall be made to the Historic Preservation Board on
an application form developed and approved by the Board.
(a) Nominations for historic site status may be
initiated by:
( 1) The Historic Preservation Board;
(2) The City Commission; or
(3) The property owner.,
(b) Nominations for historic district status may
be initiated by:
( 1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation
of the information provided on each nomination application to
determine if it generally conforms with historic status criteria.
• The Board shall then prepare a designation report which shall
contain the following:
(a) proposed legal boundaries of the historic
building, archaeological site, structure, or
district;
(b) any proposed conditional zoning regulations
designed to replace or complement existing
zoning regulations with regard to, but not
limited to use, floor area, density, height,
setbacks, parking, and minimum lot size;
(c) analysis of the historic significance and
character of the nominated property; and
(d) analysis of optional historic interiors for
those buildings and structures with interior
features of exceptional architectural,
aesthetic, artistic, or historic
significance.
Amd. Ord. 30-91 3/26/91
4503
Section 4.5. 1 (C) (4)
(4) Upon completion and formal review of the report,
the Board shall set a public hearing on each proposed
designation. Notice of said hearing shall be made to the owner
of affected property at least ten days prior to the hearing by
certified mail. Additional notice shall be given in the same
manner as provided - for a rezoning action [see Section
2 .4 .2(B) ( 1) (b) ] and by notice published in the newspaper at least
ten days prior to the hearing.
(5) Once the public hearing date is established, no
permits shall be issued for any new construction, alteration,
relocation, or demolition of the real property included in the
nomination. This delay in the issuance of permits will remain in
effect until one of the following takes place:
(a) The Historic Preservation Board denies the
nomination and no appeal is filed pursuant to
Section 2 .4 .7(E) ; or,
(b) The City Commission formally approves or
denies the nomination.
(6) After conducting the public hearing, if the
Historic Preservation Board finds that the nomination fulfills
the proper designation criteria and all procedures' have been
followed correctly, it shall vote on the designation. A majority
of the entire Board, present and voting, must act in the
affirmative to transmit the nomination and the Board's findings
to the City Commission. The City Commission shall consider the
recommendation through its standard ordinance adoption
procedures, except that at least three affirmative votes of the
City Commission is necessary to make a designation. In the event
that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super
majority vote of four votes .
(7) After conducting the public hearing, if the
Historic Preservation Board does not find that the request fills
the criteria, no further action will be required and the request
will be deemed denied. However, an appeal may be filed and
processed pursuant to Section 2.4 .7(E) .
(8) The Board will issue an official "certificate of
historic significance" to the owner of properties listed
individually on the local historic register or judged as
contributing to the character of a historic district listed on
the local historic register. The Director acting as City
Preservation Officer, or his appointee, is authorized to issue
and place official signs denoting the geographic boundaries of
each historic district listed in the local historic register.
Amd. Ord. 30-91 3/26/91
4504
Section 4 .5 . 1 (D)
(D) Review and Approval Procedures : Once property is
placed within a Historic District or designated as a Historic
Site no development order shall be issued without first obtaining
a Certificate of Appropriateness (C.O.A. ) pursuant to Section
2 .4 .6(J) from the Historic Preservation Board. Obtaining a
C.O.A. is required in addition to any other process which is
required for the development application.
(E) Development 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:
(a) Buildings, structures, and appurtenances .
(b) "APPURTENANCES" includes, but is not limited
to, stone walls, fences, light fixtures,
steps, paving, sidewalks, and signs .
(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, 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.
4505
Section 4 .5 . 1 (E)
(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) .
(7) The construction of new buildings or structures,
or the relocation, alteration, reconstruction, or major repair or
maintenance of a non-contributing building or structure within a
designated historic district shall meet the same compatibility
standards as any material change in the exterior appearance of an
existing non-contributing building. Any material change in the
exterior appearance of any existing non-contributing building,
structure, or appurtenance in a designated historic district
shall be generally compatible with the form, proportion, mass,
configuration, building material, texture, color, and location of
historic buildings, structures, or sites adjoining or reasonably
approximate to the non-contributing building, structure, or site.
(8) All improvements to buildings, structures, and
appurtenances within a designated historic district 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.
(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.
(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 facades :
The relationship of solids to voids in the
front facade of a building or structure will
be visually compatible with the front facades
of historic buildings or structures within
the district.
4506
Section 4.5. 1 (E) (8)
(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 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 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, and
porches shall be visually compatible with the
building size and building mass of historic
sites, buildings, and structures within a
historic district.
(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.
4507
Section 4.5. 1 (F)
(9) Visual compatibility standards will be
further discussed in greater detail in the
Delray Beach Preservation and Conservation
Manual. 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 for that
purpose. The Historic Preservation Board shall be guided by the
following in considering such a request.
( 1) The Historic Preservation Board upon a request for
demolition by a property owner, shall consider the following
guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites,
historic interiors, or buildings, structures, or appurtenances
within designated historic districts;
(a) Whether the structure is of such interest or_
quality that it would reasonably fulfill
criteria for designation for listing on the
national register.
(b) Whether the structure is of such design,
craftsmanship, or material that it could be
reproduced only with great difficulty or
economically nonviable expense.
(c) Whether the structure is one of the last
remaining examples of its kind in the
designated historic district within the
city.
(d) Whether retaining the structure would promote
the general welfare of the city by providing
an opportunity to study local . history,
architecture, and design, or by developing an
understanding of the importance and value of
a particular culture and heritage.
• (e) Whether there are definite 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.
4508
Section 4.5. 1 (F) (2)
(2) No decision of the Board shall result in undue
economic hardship for the property owner. The Board shall have
authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found
in Subsection (H) .
(3) The Board's refusal to grant a Certificate of
Appropriateness requested by a property owner for the purpose of
demolition will be supported by a written statement describing
the public interest that the Board seeks to preserve.
(4) The Board may grant a certificate of
appropriateness as requested by a property owner, for demolition
which may provide for a delayed effective date. The effective
date of the certificate will be determined by the Board based on
the relative significance of the structure and the probable time
required to arrange a possible alternative to demolition. The
Board may delay the demolition of designated historic sites and
contributing buildings within historic districts for up to six
months while demolition of non-contributing buildings within the
historic district may be delayed for up to three months .
(5) During the demolition delay period, the Board may
take such steps as it deems necessary to preserve the structure
concerned. Such steps may include, but are not limited to,
consultation with community groups, public agencies, and
interested citizens, recommendations for acquisition of property
by public or private bodies, or agencies, and exploration of the
possibility of moving one or more structures or other features .
(6) The Board may, with the consent of the property .
owner, request that the owner, at the owner's expense, salvage
and preserve specified classes of building materials,
architectural details and ornaments, fixtures, and the like for
reuse in the restoration of the other historic properties. The
Board may, with the consent of the property owner, request that
the Delray Beach Historical Society, or the owner, at the owner's
expense, record the architectural details for archival purposes
prior to demolition. The recording may include, but shall not be
limited to photographs, documents, and scaled architectural
drawings. 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.
(G) Unsafe Buildings: In the event the Chief Building
Official determines that any structure within a designated
historic site or designated historic district is unsafe pursuant
to the applicable Code of Ordinances, the Chief Building Official
will immediately notify the Board of his findings . Where
appropriate and in accordance with applicable ordinances, the
4509
Section 4.5.1 (G)
Chief Building Official will attempt to have the structure
repaired rather than demolished, and will take into consideration
any comments and recommendations by the Board. However, the
provisions contained within division (A) of this section shall
not apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Chief Building Official be
precluded from taking whatever steps, as may be .required by
applicable ordinances to protect the public health and safety of
the community. The Board may also endeavor to negotiate with the
owner and interested parties, provided such actions do no
interfere with procedures in the applicable ordinances .
(H) Undue Economic Hardship: In any instance where there
is a claim of undue economic hardship, the property owner may
submit, within a reasonable period of time, prior to a meeting
with the Board, the following documentation:
(1) For All Property:
(a) The amount paid for the property, the date of
purchase, and the party from whom purchased;
(b) The assessed value of the land and
improvements thereon, according to the two
most recent assessments;
(c) Real estate taxes for the previous two years;
(d) Annual debt service or mortgage payments, if
any, for the previous two years;
(e) All appraisals, if any, obtained within the
previous two years by the owner or applicant
in connection with the purchase, financing,
or ownership of the property;
(f) Any listing of the property for sale or rent,
price asked, and offers received, if any; and
(g) Any consideration by the owner as to
profitable adaptive uses for the property,
including but not limited to possible fair
market rents for the property if it were
rented or leased in its current condition.
(2) For Income Property (Actual or Potential) :
(a) The annual gross income from the property for
the previous two years, if any;
(b) The annual cash flow, if any, for the
previous two years; and
4510
Section 4 . 5 . 1 (H) (3)
(c) The status of leases, rentals, or sales for
the previous two years .
(3) An applicant my submit and the Board may require
that an applicant furnish additional information relevant to the
Board's determination of any alleged undue economic hardship.
The Board may also require, in appropriate circumstances, that
information be furnished under oath.
(4) In the event that any of the required information
is not reasonably available to the property owner and cannot be
obtained by the property owner, the property owner shall file
statement of the information which cannot be obtained and the
reasons why such information cannot be reasonably obtained.
Where such unobtainable information concerns required financial
information, the property owner will submit a statement
describing estimates which will be as accurate as are feasible.
( 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.
(J) Historic Preservation Board to act on Variance
Requests: Pursuant to the powers granted in Section 2 .2 . 6(D) ,
the Historic Preservation Board shall act on all variance
requests, within a Historic District or on a Historic Site, which
otherwise would be acted upon by the Board of Adjustments. In
acting on such variance requests the Board may be guided by the
following as an alternative to the criteria normally used by the
Board of Adjustments . [Amd. Ord. 12-93 2/9/93]
( 1) That a variance is necessary to maintain the
historic character of property through demonstrating that:
(a) A variance would not be contrary to the
public interest, safety, or welfare.
(b) Special conditions and circumstances exist,
because of the historic setting, location,
nature, or character of the land, structure,
appurtenance, sign, or building involved,
which are not applicable to other lands,
structures, appurtenances, signs, or
buildings in the same zoning district, which
have not been designated as historic sites or
a historic district nor listed on the Local
Register of Historic Places .
4511
Section 4 . 5 . 1 (J) ( 1) (c)
(c) Literal interpretation of the provisions of
existing ordinances would alter the historic
character of the historic district, or
historic site to such an extent that it would
not be feasible to preserve the historic
character, • of the historic district or
historic site.
(d) The variance requested is the minimum
necessary to preserve the historic character
of & historic site or of a historic district.
[Arad. Ord. 12-93 2/9/93]
(2) Or, as an alternative to subsection (J) ( 1) , that a
variance is necessary to accommodate an appropriate adaptive
reuse of a structure within a Historic District or upon a
Historic Site through demonstrating that:
(a) A variance would not be contrary to the
public interest, safety, or welfare.
(b) The variance would not significantly diminish
the historic character of the Historic
District or Site.
(c) That the variance requested is the minimum
necessary to effect the adaptive reuse of an
existing structure or site. [Amd. Ord. 12-93
2/9/93]
(3) The Board shall otherwise follow all procedures
and impose conditions as required of the Board of Adjustments .
[Amd. Ord. 12-93 2/9/93]
(K) Designation of Historic Sites: The following Historic
Sites are hereby affirmed or established:
( 1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the
North 50 feet of the West 110 feet of the South 100 feet, less
the _West ' 10 feet of the Beach Lot 15, Subdivision of the
Fractional East Half of Section 16, Township 46 South, Range 43
East, Delray Beach, Palm Beach County, Florida. (Original
designation by Ordinance 17-90, May 22-, 1990) .
(2) FOUNTAIN FOX HOUSE, 610 N. Ocean Boulevard,
located on the South Half of Lot 4 lying West of State Road AlA,
(less the West 435 .5 feet thereof, less the West 25 feet thereof
for road Right-of-way) , that part of the South 10 feet of Lot 3
and the North Half of Lot 4 lying West of State Road AlA (less
the West 25 feet thereof for road Right-of-way) , and Lot 3 (less
the South 10 feet thereof, less the West 25 feet thereof for road
Right-of-way) (less Right-of-way of State Road AlA, missing from
original description) of Block E, Revised Plat of Blocks D and E,
4512
Section 4.5.1 (K) (2)
Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida as Recorded in
Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And that
part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A1A.
(3) Site of SCHOOL NO. 4 DELRAY COLORED, located on Block 28,
Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40
N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by
Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W.
5th Avenue, located on Lot 5, Block 27, Delray. Beach (Original designation by
Ordinance 18-89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH
LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally
designation by Ordinance 19-89)
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located
on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89)
(8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach
Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County [Amd. Ord. 29-94
6/7/94
(9) SUNDY FEED STORE, located on the South 85 feet of the North 153
feet of Lot 1, Block 84, Delray Beach, Palm Beach County.
(10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in
Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original
designation by Ordinance 119-88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH
ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of
Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5
foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the
buildings only and not the grounds. [Amd. Ord. 22-91 3/26/91]
(12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE
UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106,
Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 68-94
10/18/94]
4513
Section 4.5.1 (K) (13)
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots
5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, l
Palm Beach County, Florida. [Amd. Ord. 8-95 2/7/95]
(14) SUSAN WILLIAMS HOUSE, 30 N.W. 3rd Avenue, located on Lots 5 and.
6, Block 36, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
[Amd. Ord. 9-95 2/7/95]
(15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and
. 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
[Amd. Ord. 26-95 6/6/95]
(16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12,
Block 60, Defray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd.
Ord. 27-95 6/6/95]
(17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south
50 feet of Lot 11, Block 60, Deray Beach; formerly Town of Linton, Palm Beach County,
Florida. [Amd. Ord. 28-95 6/6/95]
(L) Designation of Historic Districts: The following Historic Districts are
hereby affirmed or established:
I'
(1) THE NASSAU STREET HISTORIC.DISTRICT which consists of Lots
2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County,
Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of
Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's •
Village as recorded in Plat Book 21, page 95 of Palm Beach County,.Florida. (Original
designation by Ordinance 97-87 adopted on January 12, 1988)
(2) THE MARINA DISTRICT which consists of Block 125, excluding the
south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block
• .133 lying west of the Intracoastal Waterway, together with the east half of Block 118,
along with all of Block 126, together with that portion of Block 134 lying west of the
Intracoastal Waterway, along with east half of Block 119, together with all of Block 127,
along with the east half of Block 120, and all of Block 128, all within the Town of Linton
Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original
designation by Ordinance 156-88 adopted on December 20, 1988)
(3) DEL IDA PARK which consists of Blocks 1 through 13, inclusive,
along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in
the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida
recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on
March 22, 1988)
4514
•
Section 4.5.1 (L) (4)
(4) OLD SCHOOL SQUARE which consists of the south one-half of
Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots
1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach
County Records. (Original designation by Ordinance 1-88 adopted on February 9,
1988).
Section 4.5.2 Noise Control: Any land use established within the City of Delray
Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of
Ordinances.
4514 -A
/ CI)//) Or/1 geie1/21
Sees. 16-23-16-32. Reserved.
ARTICLE III. LANDMARKS PRESERVATION*
Sec. 16-33. Purpose and intent.
It is hereby declared to be a matter of public policy that the
protection, enhancement and perpetuation of properties of spe-
cial, notable, aesthetic or architectural character or historic in-
terest or value is a public purpose and necessity and is required
in the interest of health, prosperity, safety and general welfare of
the people residing within and without the town. The purpose of
this article is to:
(a) Effect and accomplish the protection, enhancement and
perpetuation of such properties and of districts which rep-
resent or reflect elements of the town's cultural, social,
economic, political and architectural history.
(b) Safeguard the town's historic and cultural heritage, as
embodied and reflected in such landmarks and historic
districts.
(c) Stabilize and improve property values.
(d) Foster civic pride in the beauty and notable accomplish-
ments of the past.
(e) Protect and enhance the town's attractions to residents
and visitors.
(f) Strengthen the economy of the town.
(g) Promote the use of historic districts and landmarks for the
- education, pleasure and welfare of the residents of and
visitors to the town. (Ord. No. 2-84, § 1, 3-1-84)
•Editor's note—Ord. No. 2-84, § 1, adopted March 1, 1984, amended Ch. 16,
Art. III, in its entirety to read as herein set out in §§ 16-33-16-48. Sections
numbered 16-38A and 16-38B have been renumbered by the editor as §§ 16-38
and 16-38.1 in order to maintain Code format. Prior to amendment, Ch. 16, Art.
{
III, §§ 16.33-16-47, relative to landmarks preservation, derived from Code 1958,
§§ 24A-32-24A-46.
Cross references—Building regulations generally, Ch. 5; architectural review
board and procedure, § 5.:378 et seq. •
Stipp. No. 9
45
§ 16-33 PALM BEACH CODE § 16-34
Sec. 16-34. Definitions.
In this article, unless the context clearly requires otherwise: _
Alteration means any change because of construction, repair,
maintenance or otherwise to a building located within a historic
district or designated as a landmark, or landmark site.
Applicant means the record owner of the site and/or buildings 7.
located thereon, the owner's authorized agent, or a person hold-
ing a "bona fide" contract to purchase same who makes applica-
tion for a certificate of appropriateness under this article joined
by owner of record.
Building means building or other structure built for shelter or
enclosure of persons, animals, or chattels, including fences, signs,
paving and boundary walls, and any part of any such building or
structure when subdivided by division walls or party walls ex- •
tending to or above the roof and without openings in such sepa-
rate F�
walls. The term "building" shall be construed as if followed
by the words "or any part thereof."
7-
Certificate of appropriateness means a document evidencing ,.
approval of the commission for work proposed by an applicant.
Commission or landmarks commission means the landmarks
preservation commission created under this article. :1
i
• r;
Supp. No. 9 11
1323
46 �t..
rr
§ 16-34 PLANNING GENERALLY § 16-34
Construction means the erection of an on-site improvement to a
landmark or to a building or any parcel of ground located within
a historic district or on a landmark site, whether the site is
presently improved or unimproved, or hereafter becomes unim-
proved by "demolition," "demolition by neglect" or as a result of
destruction of an improvement located thereon by fire, windstorm
or other casualty, or otherwise (such a parcel of ground being
herein referred to as a "site").
Demolition means the complete or constructive removal of a
building or any portion thereof on any site.
Demolition by neglect means neglect in the maintenance of any
building, resulting in any one or more of the following:
(a) The deterioration of a building(s) to the extent that it
creates or permits a hazardous or unsafe condition as de-
termined by the building official.
(b) The deterioration, as determined by the building official,
of a building(s)characterized by one or more of the following:
(1) Those buildings which have parts thereof which are so
attached that theymayfall and injurepersons or
property.
(2) Deteriorated or inadequate foundation.
(3) Defective or deteriorated floor supports or floor sup-
ports insufficient to carry imposed loads with safety.
(4) Members of walls or other vertical supports that split,
lean, list or buckle due to defective material or
deterioration.
(5) Members of walls or other vertical supports that are
insufficient to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports,
or other horizontal members which sag, split, or buckle
due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports or
other horizontal members that are insufficient to carry
imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle due
to defective material or deterioration.
Supp. No.3
1325
47
i
§ 16-34 PALM BEACH CODE § 16-34
(9) Any fault, defect, or condition in the building which
renders the same structurally unsafe or not properly
watertight.
(10) Unsafe electrical and/or mechanical conditions.
(c) Action by the town council, the fire chief or the building:
official based upon the safety or physical condition of any
building.
Earthworks means any subsurface remains of historical, ar-
chaeological or architectural importance or any unusual ground
formations of archaeological significance.
Exterior means all outside surfaces of a building.
Historic district means an area identified by the commission
which contains one or more landmarks or landmark sites as well
as those abutting sites which the commission determines should
fall under the provisions of this section to assure that their ap-
pearance and development is harmonious with such landmarks
and landmark sites.
Landmark and landmark site means an unimproved parcel of
ground, including, without limitation, earthworks (landmark site)
or a parcel of ground with improvements (landmark), whereso-
ever located in the town of particular historic, architectural or
cultural significance, which said landmark or landmark site meets
the criteria set forth in section 16-38.
Minor exterior change means an exterior change the cost of
which does not exceed two thousand dollars ($2,000.00) as deter-
mined by the building official and which is determined by the
landmarks project coordinator to not materially affect the exte-
rior of the structure.
Ordinary repairs or maintenance means work done to prevent
deterioration of a building or to correct any deterioration or
decay of or damage to a building or any part thereof by restoring
the building as nearly as practicable to its condition prior to such
deterioration, decay or damage.
Owner of record means as reflected on the current Palm Beach
County tax roll. (Ord. No. 2-84, § 1, 3-1-84)
Supp. No.3 .
1326
48
- I
16-35 PLANNING GENERALLY * 16-37
Sec. 16-35. Commission created; appointment; qualifica-
tions; terms; compensation; alternates.
A landmarks preservation commission is hereby created con-
sisting of seven (7) members. A majority of the members shall
have, to the highest extent practicable, a special knowledge of
and a known interest in landmarks preservation. Each member
except one shall be an owner of property located in or a resident
of the town. The term for each member shall be three (3) years
and each will serve without compensation. The town council
shall appoint the members from time to time. The first commis-
sion shall have two (2) members for one-year terms, two (2) mem-
bers for two-year terms and three (3) members for three-year
terms.
A member shall not be appointed for more than two (2) consec-
utive three-year terms but shall be eligible for reappointment
upon the lapse of one year after the expiration of the member's
second consecutive three-year term. The town council may ap-
point up to three (3) alternate commissioners with similar quali-
fications to serve in the absence of any regular commissioners,
(Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-36. Officers, rules of procedure for commission.
The commission shall elect a chairman, a vice-chairman and a
secretary and may adopt rules for the conduct of its meetings. A
majority of the commission shall constitute a quorum for the
transaction of business; provided, however, that in cases of emer-
gency, if a quorum cannot be obtained, the chairman, or vice-
chairman in his absence, and one other member of the commis-
_ sion may act to prevent an imminent and irreparable violation of
the provisions of this article. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-37. Powers of the commission; certificates of appro-
priateness required.
(a) No landmark nor any building or site planning feature
including, but not limited to, landscaping, garden walls, pools,
fountains, etc., on a landmark site or within a historic district
shall be erected, altered, restored, moved or demolished until
after an application for a certificate of appropriateness as to
Supp. No.3
1327
49
S 16-37 PALM BEACH CODE 4 16-37
exterior architectural features has been submitted to and ap-
proved by the commission. Similarly, if earthworks of historical
or archaeological importance exist in a historic district, or on a
landmark site, there shall be no excavating or moving of earth,
rock or subsoil in or about such earthworks without a certificate
of appropriateness. For the purpose of this article, "exterior ar,
chitectural features" shall include but not be limited to the ar-
chitectural style, scale, general design and general arrangement
of the exterior of a building, including the kind and texture of the
building material and type and style of roofs, windows, doors and
signs. The style, scale, design, materials and location of advertis-
ing signs and bill posters on a landmark site or within a historic
district, if located or plainly visible from out-of-doors, shall be
under the control of the commission.
(b) The commission shall not consider interior arrangement or
use, except as this may affect a request for exterior changes.
(c) Nothing in this article shall be construed to prevent ordi-
nary maintenance or repairs which do not involve a change of
design or material or which do not affect the outward appearance.
of a building.
(d) The commission shall exercise only those powers and duties
granted by this article and those powers and duties which may be
assigned to it at a later date by the town council.
(e) For an exterior change project which is co nsi made that
nt with
section 16-41 of this article, a determination may be
this is.a "minor exterior change" and the requirement of a certif-
icate of appropriateness may be waived. Such determination shall
be made by the landmarks project coordinator, with the concur-
fence of the chairman or such other member of the commission as
may be designated by the commission, who will so advise the
building official, who may then issue a building permit.
An exterior change project determined by the landmarks
project coordinator to be inappropriate, potentially controversial
or precedent setting shall be submitted by the staff to the com-
mission for review. No exterior change project with an estimated
expenditure exceeding two thousand dollars ($2,000.00) as de-
termined by the building official shall fall within the definitions
of this "minor" project category.
Supp. No.3 1328
50
§ 16-37 PLANNING GENERALLY § 16-38.1
Review of minor exterior change projects for which certifi-
cates of appropriateness have been waived will be reviewed quar-
terly by the commission. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-38. Designation of landmarks and landmark sites.
A landmark or landmark site shall meet at least one of the
following criteria:
(a) Exemplifies or reflects the broad cultural, political, eco-
nomic or social history of the nation, state, county or town.
(b) Is identified with historic personages or with important
events in national, state or local history.
(c) Embodies distinguishing characteristics of an architectural
type or is a specimen inherently valuable for the study of a
period, style, method of construction or use of indigenous
materials or craftsmanship.
(d) Is representative of the notable work of a master builder,
designer or architect whose individual ability has been
recognized or who influenced his age. (Ord. No. 2-84, § 1,
3-1-84)
Sec. 16-38.1. Creation of historic districts authorized.
For preservation purposes, the commission shall identify geo-
graphically defined areas within the town to be designated as
historic districts and shall cite the guideline criteria upon which
such designation shall be made. A historic district may be desig-
nated for any geographic area of particular historic, architectural
or cultural significance to the town which:
- (a) Exemplifies or reflects the broad cultural, political, eco-
nomic or social history of the nation, state, county or town.
(b) Is identified with historic personages or with important
events in national, state or local history.
(c) Embodies distinguishing characteristics of one or more
architectural types, or contains specimens inherently valu-
able for the study of a period, style or methods of construc-
tion or use of indigenous materials or craftsmanship.
Supp. No.3
1329
51
TG
§ 16-38.1 PALM BEACH CODE § 16-40
(d) Is representative of the notable works of one or more mas-
ter builders, designers or architects whose individual abil-
ity has been recognized to have influenced their age.
(e) Constitutes a unique area of architecture, landscaping and
planning. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-39. Petition for special historic district category.
Following the designation of each landmark or landmark site,
the commission may petition the town council for the categoriz-
ing of such property as special district H. Following the designa-
tion of each historic district, the commission may. petition the
town council for the categorizing of each property in such district
to special district HD. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-40. Certificate of appropriateness procedures and
effect.
(a) The commission shall prescribe the procedure for making •
application for a certificate of appropriateness and may develop ,
design guidelines necessary to provide a framework for studying
plans submitted.
(b) The applicant shall, upon request, have the right to a pre-
liminary conference with a member of the commission or of the
commission staff for the purpose of making any changes or ad-
justments to the application which might be more consistent with
the commission's standards.
(c)_The commission shall hold a public hearing upon each ap- I I
plication for a certificate of appropriateness affecting property
under its control. Notice of the time and place of said hearing
shall be given by publication in a newspaper having general
circulation in the town at least fifteen (15) days before such
hearing and by posting such notice on the bulletin board in the
lobby of the town hall. In addition, notice shall be mailed at least
fifteen (15) days prior to the date of such public hearing to the
applicant and to the building official.
(d) Within not more than thirty (30) days after the hearing on
an application, the commission shall act upon it, either approv-
ing, denying or deferring action until the next meeting of the
•
Supp. No. 3
1330
,S
itt
52
§ 16-40 PLANNING GENERALLY § 16-40
commission, giving consideration to the factors set forth in sec-
tion 16-41 hereof. Evidence of approval of the application shall be
by certificate of appropriateness issued by the commission, valid
for a period not to exceed one year from date of issuance, and
whatever its decision, a notice in writing shall be given to the
applicant and the building official. The commission shall keep.a
record of its actions under this article.
(e) No building permit for exterior changes shall be issued by
the building official which affects a building or site in a historic
district or a landmark or a landmark site or a property under
consideration for landmark designation without a certificate of
appropriateness, except for those changes specifically exempted
under the provisions of section 16-37(e).
(f) The commission shall have the right to make such recom-
mendations for changes and modifications as it may deem neces-
sary in order to enable the applicant to meet the requirements.
(g) Nothing contained herein shall prevent the making of any
temporary construction, reconstruction, demolition or other re-
pairs on a landmark, landmark site or a building in a historic
district pursuant to the order of any governmental agency or a
court of competent jurisdiction for the purpose of remedying emer-
gency conditions determined to be dangerous to life, health or
property, as determined by the building official, provided that in
case of demolition prior notice of such action shall be given to the
commission.
(h) Where, by reason of topographical conditions, or irregu-
larly shaped lots, or because of unusual circumstances applicable
solely to the particular applicant, strict enforcement of the pro-
visions;of this article would result in serious undue hardship
particularly affecting such applicant, the commission, in passing
upon his application, shall have the power to vary or modify
adherence to this article; provided always that its requirements
insure harmony with the general purposes hereof and will not
adversely affect a historic district, landmark or landmark site.
Guidelines for the application of this subsection may be devel-
oped by the commission.
(i) In the event work is being performed not in accordance with
the certificate of appropriateness, the building official or his des-
Supp. No.3
1331
53
.
t
§ 16-40 PALM BEACH CODE § 16-41
ignated representative shall issue a stop work order and all work
shall cease. No person, firm or corporation shall undertake any
work on such project as long as such stop work order shall con-
tinue in effect. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-41. Criteria for the issuance of certificates of..
appropriateness.
In passing upon an application for a certificate of appropriate-
ness, the commission shall consider the following criteria:
(a) For new construction.
(1) The following aspects of new construction shall be
visually compatible with the buildings and environ-
ment with which the new construction is visually re-
lated, namely: The height, the gross volume, the pro-
portion between width and height of the facade(s), the
proportions and relationships between doors and win-
dows, the rhythm of solids to voids created by open-
ings in the facade, the materials used in the facade,
the texture inherent in the facade, the colors, pattern
and trim used in the facade, and the design of the roof.
(2) Existing rhythm created by existing building masses
and space between them should be preserved.
(3) The landscape plan should be sensitive to the individ-
ual building and its occupants and needs and should
be visually compatible with the buildings and envi-
ronment
with which it is visually related.
(4) A new street facade should blend directionally with
other buildings with which it is visually related; which
is to say, when adjacent buildings have a dominant
horizontal or vertical expression, that expression should
be carried over in the new facade.
(5) Architectural details should be incorporated as neces-
sary to relate the new with the old and to preserve and
enhance the inherent architectural characteristics of
the area.
(b) For exterior alterations.
(1) The criteria set forth in (a) above, if applicable, shall
be considered in passing upon an application for exte-
Supp. No.3
1332
Y1
54 'y
•
$ 16-41 PLANNING GENERALLY § 16-42
rior alterations; provided that the commission may
consider the original design of the building and the
buildings visually related to it and disregard alter-
ations subsequently made thereto.
(2) Exterior alterations shall not affect the architectural
quality or historical character of the building.
(c) Signs. For signs located or plainly visible from out-of-doors,
the scale, design, materials, style and patterns should be
compatible with the buildings and environment with which
they are visually related. Logos are prohibited.
(d) Demolition. For demolition of a landmark or a building in
a historic district, the following should be considered:
(1) The historic or architectural significance of the building.
(2) The importance of the building to the aesthetics of the
district.
(3) The special character and aesthetic interest that the
building adds to the district.
(4) The difficulty or the impossibility of reproducing such
a building because of its design, texture, material,.
detail, or uniqueness of location.
(5) The future utilization of the site.
(e) Reconstruction of a nonconforming use building. The re-
construction of a building legally nonconforming as to use
and destroyed by fire, storm or other act of God shall be
governed by the provisions of the zoning ordinance, except
that the commission shall regulate the exterior design of
such buildings in accordance with the criteria set forth in
(a) above. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-22. Commission powers with respect to landmarks,
landmark sites and historic districts.
The commission may exercise the following powers:
(a) To designate a building together with its accessory build-
ing(s) and its lot of record, or a vacant site or a district as
historic and worthy of preservation as a landmark, land-
mark site or historic district, as the case may be, within
Supp. No.3
1333
55
§ 16-42 PALM BEACH CODE § 16-42
the jurisdiction of the commission, provided such designa-
tion is ratified by the town council.
(b) To recommend appropriate legislation for the preservation
of any building, site or district which it has so designated.
(c) To make application for public and private funds when_
appropriateand available for the purposes set forth in this
article subject to the approval of the town council.
(d) To review applications proposing erection, alteration, res-
toration or moving of any building which it has so desig-
nated or any building located in a district which it has so
designated, and to issue or deny certificates of appropri-
ateness accordingly.
(e) To review applications for demolition permits proposing
demolition of all or part of any landmark or any building
located in a historic district, and to issue certificates of
appropriateness or to deny them for one year.
(1) To cooperate with the owner of a landmark or a property
located in a historic district throughout the year following•
a refusal to issue a certificate of appropriateness pursuant
to an application for a demolition permit, and to seek
alternative economic uses for such landmark or property.
(g) To review its denial of a certificate of appropriateness for
demolition of such landmark or property annually, during
a public hearing at which time the owner of the affected
landmark or property shall be afforded an opportunity to
appear with counsel and to present testimony.
(h) To prohibit the issuance of building, exterior remodeling
• or demolition permits affecting any property under consid-
eration for landmark designation without a certificate of
appropriateness, said prohibition to remain in effect for
the length of time required by the commission and the
town council for final action on the proposed designation.
The commission shall accomplish such prohibition by fur-
nishing the building official a list of all property under
consideration for landmark designation. (Ord. No. 2-84, §
1, 3-1-84)
Supp. No. 3
1334
56
§ 16-43 PLANNING GENERALLY § 16-43
Sec. 16-43. Landmark, landmark site and historic district
designation and undesignation procedures.
The following procedure shall be adhered to by the commission
in designating any building, building site, or district that is
worthy of preservation:
(a) The commission shall consider for landmark designation
any property proposed by the owner of record or by a
member of the commission.
(b) Notice of a proposed designation shall be sent by certified
mail to the owner of record of property proposed for desig-
nation as a landmark or landmark site and to each owner
of record of property in a district proposed for designation
as a historic district, describing the property proposed and
announcing a public hearing by the commission to con-
sider such a designation to be held not less than thirty (30)
days after the mailing of such notice.
(c) The commission shall also cause notice of each such pro-
posed designation to be posted at least thirty (30) days
prior to the public hearing on the bulletin board in the
lobby of the town hall, and in addition the commission
shall cause such notice to be published in a newspaper
having general circulation in the town.
(d) The commission may retain or solicit expert testimony
regarding the historic and architectural importance of the
buildings and districts under consideration for designation.
(e) The commission may present testimony or documentary
evidence of its own to establish a record regarding the
historic and architectural importance of the proposed land-
mark, landmark site or historic district.
(f) The commission shall afford the owner of each affected
property reasonable opportunity to present testimony or
documentary evidence regarding the historic and architec-
tural importance of such property.
(g) The owner of each affected property shall be afforded a
right of representation by counsel and reasonable oppor-
Supp. No. 3
1335
57
§ 16-43 PALM BEACII CODE * 16-43
tunity to cross-examine witnesses presented by the corn-
mission.
(h) Any interested party may present testimony or documen-
tary evidence regarding the designation of a proposed land-
mark, landmark site or historic district at the public hear-
ing and may submit to the commission documentary evi-
dence within three (3) days after the hearing.
(i) Within not more than thirty (30) days after a public hear-
ing, the commission shall render a final decision regarding
the proposed designation and should give written notice of
its decision to each owner of property affected by the des •
-
ignation, setting forth the reasons for the decision.
(j) The commission shall maintain a record of testimony and
documentary evidence submitted to the commission for
consideration of the designation of a proposed or previously
designated landmark, landmark site or historic district.
(k) In accordance with section 16-42(a) of this article the town
council shall, within ninety (90) days of the commission's
final decision, hold a public hearing to consider ratifica-
tion of the determination of the commission prior to the
designation of a property as a landmark or landmark site
or of a district as a historic district becoming effective.
Absent ratification by the town council, the commission's
determination shall be ineffective.
(1) Within thirty (30) days of the date on which the town
council ratifies the commission's designation of a landmark,
landmark site or historic district, the commission shall
cause to be filed in the office of recorder of deeds of Palm
Beach County a certificate of notification that such prop-
erty is designated a landmark or landmark site or is lo-
cated within a district designated a historic district; and
said certificate of notification shall be maintained on the
public record until such time as such designation may be
withdrawn by the commission and the town council.
(m) Designation and undesignation hearings before the land-
marks preservation commission shall be held only during
Supp. No.3
1336
58
§ 16-43 PLANNING GENERALLY § 16-44
the months of November, December, January, February,
March and April.
(n) Designation of a landmark, landmark site or a historic
district may be withdrawn by following the same proce-
dure as listed above. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-44. Demolition by neglect.
In the event the commission determines that a landmark is in
the course of being demolished by neglect, it shall notify the
owner of record of such preliminary finding stating the reason
therefor and shall give the owner of record thirty (30) days from
the date of notice in which to commence work rectifying the
evidences of neglect cited by the commission. Such notice shall be
accomplished in the following manner.
(a) By certified mailing to the last known address of the owner
of record.
(b) In the event the procedure outlined in (a) above is not
successful, then by attaching such notice to the landmark •
twice within a week.
Upon the owner of record's failing to commence work
within thirty (30) days of such notice, the commission shall
notify the owner of record in the manner provided above to
appear at the next public hearing of the commission. The
commission shall cause to be presented at said public hear-
ing the reasons for the notice, and the owner of record
shall have the right to present any rebuttal thereto. If,
thereafter, the commission shall determine that the land-
mark is being demolished by neglect, the commission shall
inform the town council of its determination, whereupon
the town council may bring charges against the owner of
record for violation of this article; and the town council
may cause such landmark to be repaired at its expense at
such time as funds are appropriated therefor, in which
event the town may file an affidavit of the building official
to such effect in the office of the recorder of deeds for Palm
Beach County, which shall operate to create, to the extent
it may lawfully do so, a lien against the property for the
funds so expended by the town. (Ord. No. 2-84, § 1, 3-1-84)
Supp.No.3
1337
59
§ 16-45 PALM BEACH CODE 4 16-47
Sec. 16-45. Commission enforcement powers.
(a) In performance of their duties, members of the commission -
or their designees shall have the right to enter upon properties in
the town at reasonable times and upon reasonable notice to the
owners thereof.
(b) Upon request of the commission, the building official shall
aid the commission in making necessary inspections in connec-
tion with the enforcement of this article, shall furnish the com-
mission with copies of reports of his inspections, and shall send
notices to all persons who may be in violation of the provisions of
this article to inform them of such violations.
(c) Failure to comply with the provisions of this article shall
constitute a violation hereof and the violater shall be prosecuted
under the provisions of Ordinance No. 20-83, the town code en-
forcement board. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-46. Appeals and review.
The applicant or any interested party may file an appeal to.the
town council on any ruling by the landmarks preservation com-
mission or the building official made pursuant to this article. An
appeal shall be on forms provided by the town. The appeal shall
be filed or made within ten (10) days. Appeals shall set forth the
alleged inconsistency or nonconformity with procedures or cri-
teria set forth in this article. The town council shall decide an
appeal within thirty (30) days of the filing of such appeal unless
an extension of time is consented to by the applicant, and such
filing shall suspend any building permit issued pursuant to the
ruling of the landmarks preservation commission or building
official until the council has decided the appeal. The town council
may review any decision of the landmarks preservation commis-
sion or the building official and their disposition of the matter
shall be final. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-47. Fines and liens.
If convicted by the code enforcement board, the violator shall
pay a fine not to exceed two hundred and fifty dollars ($250.00)
for each day the violation continues. A certified copy of an order
Supp. No.3 1338 t'
60
§ 16-47 PLANNING GENERALLY § 16-48
imposing a fine may be recorded in the public records and there-
after shall constitute a lien against the land on which the viola-
tion exists. After one year from the filing of any such lien which
remains unpaid, the enforcement board may authorize the town
attorney to foreclose on the lien.
No lien provided under the Local Government Code Enforce-
ment Board Act shall continue for a period longer than two (2)
years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the
lien is commenced in a court of competent jurisdiction. The con-
tinuation of the lien effected by the commencement of the action
shall not be good against creditors or subsequent purchasers for
valuable consideration without notice, unless a notice of lis pen-
dens is recorded. (Ord. No. 2-84, § 1, 3-1-84)
Sec. 16-48. Voluntary restrictive covenants.
The owner of any landmark or landmark site may, at any time
following the designation of his property, enter into a restrictive •
covenant on the property after negotiation with the commission. •
•
The commission may assist the owner in preparing such a cove-
nant in the interest of preserving the landmark or the landmark
site. The owner shall record such covenant in the office of the
recorder of deeds for Palm Beach County and shall notify the
town clerk, building official and town council and may notify the
office of the county property appraiser of Palm Beach County of
such covenant and the conditions thereof. (Ord. No. 2-84, § 1,
3-1-84)
Supp. No.3 I'I'he next pai e is 1387I
1339
61
ADDENDUM
SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION
(Revised March 1990)
1 . A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and
preserved . The removal of historic materials or alteration of
features and spaces that characterize a property shall be avoided .
3 . Each property shall be recognized as a physical record of its
time, place , and use. Changes that create a false sense of
historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be
undertaken .
4 . Most properties change over time; those changes have acquired
historic significance in their own right shall be retained and
preserved. ''
�i
5. Distinctive features, finishes , and construction techniques or
examples of craftsmanship that characterize a historic property
shall be preserved .
6 . Deteriorated historic features shall be repaired rather than
replaced . Where the severity of deterioration requires replacement
of a distinctive feature , the new feature shall match the old in
design, color , texture , and other visual qualities and , where
possible, materials. Replacement of missing features shall be
substantiated by documentary, physical , or pictorial evidence .
7 . Chemical or physical treatments , such as sandblasting , that
cause damage to historic materials shall not be used . The surface
cleaning of structures , if appropriate , shall be undertaken using
the gentlest means possible .
8 . Significant archeological resources affected by a project shall
be protected and preserved . If such resources must be disturbed ,
mitigation measures shall be undertaken .
65
4
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION (cont .)
9 . New additions, exterior alterations , or related new construction
shall not destroy historic materials that characterize the property. •
The new work shall be differentiated from the old and shall be
compatible with the massing , size , scale, and architectural features
to protect the historic integrity of the property and its
environment.
10 . New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future , the
essential form and integrity of the historic property and its
environment would be unimpaired .
1
66
_ _ ORDINANCI NO. 2s1S-SS
= - :•
AN ORDINANCE OF THE CITY-COMMISSION OF THE CITY OF WEST p
FLORIDA, AMENDING AND RESTATING AI�t BEACH,INANCE
PROVIDING FOR DEFINITIONS; PROVIDINGZ FORRT PRESERVATION O LANDMARKON OF
AND HISTORIC SITES AND DISTRICTS; PROVIDING FORHE STANDAiiD
CRITERIA TO ESTABLISH SUCH AND
DISTRICTS; PROVIDING FOR THE ESTABLISH AND HISTORIC SITES AND
FOR THE HISTORIC PRESERVATION BOARD; PROVIDING FOR REVIEW �S
DECISION OF PERMIT APPLICATIONS; PROVIDING_ FORAND FINAL CERTIFICATION OF ECONOMIC —HARDSHIP; THE OROCESS FOR PROVIDING FOR REPEAL OF ALL ORDINANCES
PROVIDING FOR
HEREWITH; PROVIDING FOR S AND LAWS IN CONFLICT
AND FOR OTHER PROPOSES.
ERABILITY; PROVIDING AN EFFECTIVE E DATE;
t * * * * * * * * * *
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM
BEACH, FLORIDA, -that: -
Sect— 1�1; Statement of-
Purpose
X
The City hereby recognizes its extensive collection
uniquely varied historic landmarks, areas and neighborhoods
create a setting, of
etive to sense of time and place, and ambience highlyg
business development and residents.
The City hereby declares implements the Comprehensive Plan, and this ordinance specifcaly
commitment to preserving, protecting, storing and fullyCity's
its historical, cultural and archiecturalrresou resources, the onto
preserve the historic character of utilizing
meetr its stated broad goals, the City, n . not to
so
policies an objectives orfor tf also
land use, housing and coastal zone mane
Chapter 163, Florida Statutes management, future
and its Comprehensive' as mandated by
Plan.
Consistent therewith, this to identify, protect, restore and encourage oreusn e of Resources,is all
of which are essential to the_ City's health,
its economic, all
validt educational, cultural and safety, morals, and
Public purposes shall be fulfillede general welfare. These
achieve the following goals: Y the ordinance, to
(a) ve
Presreserve, protect
re , enhance and perpetuate Resources which
distinctive and significant elements of the
City's historical, cultural, social, economic,
archaeological,-ad
architectural identity; political,
as visible reminders of the City's cultureand/or te
and heritaage;
(b) Insure the harmonious
, orderly, and prosperity and development of the Cityefficient growth,throuh
and reuse of its historic and cultural Resourcestention .
(c) Strengthen civic pride and
neighborhood eopservation; ,-_ltut'al stability through
(d) Contribute to the stabilizati0 of
City through the continued the economy of the
conservation and revitelizdtio of ustit.e, Preservation,
•
ct and �hahce the City's
architectural attract,it )e tcty s historic, cultural and
• the_support-and-stia►ulus- a business
tndand visitors the andy- provided; Hess and industry thereby
(f) Promote the use of Resources for
and welfare of the the education
people of the City;
pleasure,
(g) Provide a review process for the continued preservation
411,
,
and appropriatecompatible"and-sensitive development of
new construction and additions within the City's historic•--
districts -and.,neighborhoods-;-:-.,-:
r,
(h)" Protect and enhance: the scale character and stability"
of existing-1 neighborhoods, and protect `' 'against--
destruction:.:,pf.. or, encroachme#t . upon areas which-
contribute to the character of- the City;
•
•
• (i) Facilitate the-creation-_o.f.a..corienient, harmonious and=
attractive community, and-protect_:the architectural
beauty and specia}L, r Atectufal„taatures of the'cCityy.:,:
The h _ r— F.C.. ..a Li...i.'t;
(j) To avoid De ?lame Ands " ,'r" ., d`.- '
• mQlition, or other Adverse"Effect on Sites"and'
Districts, which would_ cause an irreparable loss to the
• City, by requiring proposals•having,.no Adverse Effect be
considered, and. possibly:required,- prior--to considering
an Adverse Effect proposal.._
In addition, this preservation ordinance is designed to implement,
be consistent with, and assist in the':achievement' of the following
valid public purposes and City_.goals, _objectives"-and policies, •
• specifically set forth below, and as specifically required and as
set forth in its Comprehensive Plan (Capitalized terms , not-
o
therwise defined herein shall have the meaning-as set forth in-the
Comprehensive Plan) , with respect to historic, conservation, and
neighborhood Resources: _
• (k) Preserve the character_ and integrity of the City's
neighborhoods; -
•
• (1) Encourage the rehabilitation of existing older commercial
- and industrial developments;
•
(m) Adopt an historic preservation ordinance that will
provide for the protection, preservation and sensitive
reuse of historictesources; _
(n) Continue to, identify historic—sites and establish
performance standards for development and sensitive reuse
of historic Resources in the Coastal High Hazard Area;
(o)' Assist neighborhoods to achieve a positive neighborhood
identity and sense of place;
:-(p) Preserve historically significant'housing;-
(q) Preserve and enhance residential neighborhoods;
(r) Improve the aesthetic and environmental quality of West
Palm Beach; and
(s) Continue to ensure that Flagler Drive be preserved for
the aesthetic:qualities-it-pos`seeses. •:__ _ _
Section 2: Definitions - _- `
r.-
Unless otherwise defined in this -ordinance the following
definitions will apply in each_instance wherevii' the 'capitalized
term appears in-:th-is ordinance. '-/p addition,_'any definition'.-set
forth in 36 C,F.R.,:-Par,-t,4
ztrederal
Regulation, as may be amended time to`fime j:shaji be-includedef
in the definition--for-such-t�erm:contaihd herein (and ahhlhcontrol
to the extent there- is a-coif IjCt-of.mednfttq, -ter as` an additional
definition, if such term is not otherwise--' defined herein.
(a) alteration. Any-construction or change of the exterior
of a Building, Site, or_"Structure:designated' as a Site
or Site within a District including any addition to an
existing Building or Structure. For Buildings, Sites or
Structures, Alteration shall include, but is not limited
•
to, the changing of root -_or ..siding aaterials;
changing, eliminating, or di fretwork,-door frames,-windows, window doors, moldings,
fences,_ railings, p��� lramas,_sbuttars,
Landscaping, -or other ornamentation;lC regrading;
ding; fill;
excavation, imploding or•- other regrading; fill;
•
Alteration , shall not include use of dynamite.
Maintenance, or changing of Ordinary Repair and
paint or material color.
Structure, fenagauxtenemew .ce sctreet cesso= or subordinate Building, or
•
machine, fountain, public artwork e,- fixture, vending
artwork,
Historic _Landscaping, or- bicycleking lot or area,
Site, in a.District;•or otherwis rack located the
Property:---... _ . • _ . ,.. ^ ` s io. . ... on the affected
•
•
(c) 1►rch_ae°i°'i" ' The science or•
•
remains of past life or activities study of the material
location, or context--in which are
ac Physical site,
•
- they re fZ ound.
•(d) '--''ts• The architectural-style, scale,
of th sassing, setting, generai.design and-general arrangement
exterior of a Building including the
type
and
- style of roofs, windows, doors and Appurtenances. -
(e) Area. A specific geographic division-of--the City.
(f) tSl• The West Palm Beach Historic Pres
re-established and continued ervation Board
by this ordinance.
(g) %hadina/s) . A Building is a
shelter p people or things, such as Structurehou created to
structure, commercial
structure, including hotel, warehouse, or similar
•
such as a g historically related complex,
apartment, courthouse and jail or a house and garage
A Building shall include Appurtenances, as
applicable, located on the affected property.
(h) Ce►t{fi of e•nww 1
rArtificat. A certificate , or sometimes
Board authorizing- issued by the Preservation
Relocationg an Alteration, Construction,
Repair and Maance Stabilization, Mechanical System, Ordinary
•
permit has Maintenaor Demolition, even though a
previously been denied .by the Board.
(i) Y. City of West Palm Beach,
created under the laws of a municipal co
the State of Florida.
oration
,.(j) city comMi2-2--• 'The
City. - .. governing legislative body of the
•
(k) ia ve im
• A systematic v ° . or sometimes
Archsysttural •or listing of cultural, . historical,
a historic archaeoiingical Resources prepared by
set forth by federai on authority, following standards
evaluation o! -- ' ' ate and -city regulations
such-Resources. __- _ for
(1) Sonservation cat., Those-
and their Appurtenances t s -Sites-or-Structures; .
Landmark or Historic Districtri ocated in a designated whch landmark•or__historic sitese not designated Alteration;—or d and...whose Demolition 9nated
Alters ruction would:constitute_a loss to the
Y-.and character of,-lthe -Cit
neighborhood, --r c�unit -` Y:-:as a whole;-.oh-.si.e
subdivision withih�_thiv icy. i %" - cohesive
(m) .Construs+i2 , or sometimes w -erection of a new principal
erection o a Site, or- accessoryThe act ofr
lot, or_pro Building or
(n) em •a = Petty..
Y act-°r �, Y :--
Process� tat. destro;. i _
Ys- or-razes
.3
in whole or iin. part•••a Structure,-wherever located, or a
Building,-Site; or•Structurs, as a whole, or permanently
impairs its structural integrity.
,Tilt z=,-� <:_•-
saintenanc — '" • I*row ntenance or lack of
of any Reaourcm which results an substantial
deterioration-of the-Resdurceand threatens its continued
preservation. -•,r • .
�.T:
(p)•
Dietrir•+fsY: : area;, �" _4.«: ,- z. - _
• as a «district"- fin,-`suburban or rural, defined
authority and which City:
Commission, State, or Federal
definable
geographic -boundaries--oneror`ao -Landmark or-Historic
Sites, including their accessory Buildings, fences and
other
•
resouremehavitig tristoricat;• cult and archaeologicaal
significance, and which may
other 8uilditigs ;or:Structuresy have :within its boundaries
otherriZal, etiltural hat;•cwhile not. of such
significancy as to -be deSit Ural or archaeological
contribute--.•to-- the-. �v 11 -visual-.ed Landmarks, nevertheless
characteristics of the Landmark'Sites= `setting.Historic o t or
located within the District: - or Sites;
Landmark or Historic District -so designated may-also y mean any
under this ordinance, or under its-predecessor orainafloc
(q) Economic R +,,,
use or ownership of profit
guilds capital appreciation from
accrues from•-investment-or labor.Site or Structure that
Zflgsl
•
(r) architectural,
a= in quality of the historical,
of a Resource, or in the characteristics that significance
Resource as historically important. quality the
(s) of the
historical, cultural,A negative change in the
, architectural . or ruchaetological
significance of a Resource, or in the
that qualify the Resource as historically-
•
(t) Guid sire Standards-set forthy important.
Handbook, adopted, modified and/or replaced
Design Guidelines
and which • are subsequentlyP by the Board,it
Commission, which preserve te historic ted by the City
"- architectural character of an Area or of a�Buildin , and
or Structure,t.
q, site
(u)
ardsarigutandaratin
(such -as •:. Significant man made Alterations
retaining walls; berms, patios; driveways)
natural v y ) and
Vegetation --ttrees, shrubs
. contributes to the historic, aesthetic_or architectural
character
er of in Site, •
or within a District, by virtue of
contribution' to gthe--s age. .'• size, species, or its -
character of such Site or District,deli integrity, cr_
designated =as Historic Lands -in which ch-specificallytime
asthe
Site or•Distzictr-it.-zis -fate p gat Bch time as the
_ gral;to_is designated..
(v) Historic site:- ,.�' _... -at , .
Structures-of 11; h act>>:-
+r" � oQe�Bufldings,sites or
or archaeological impo}tta -Which areal; ,•archltact tal
•
fifty (30) years old, ' h'are no
Alteration `' swhose. Demoli n Adverse
loss • ot�desttuctiol woald cfo'
lovsntoried- interior ist Fandap. a.
�' �'fi character .�:,b�'s�t�ntia2�
invent ces.'vhithi•ary iccissiblI;.too the
and'-a"re'SPeci ical'l -.detailed An the designation;
such Buildings,. sites or.structures,their Appurtenances,
and the'property
Historic Districts which theY`are located r nsfdre
any person a.or 5 �) ovner'of an-atte-Cted:-. ---
al'itity -who establishes p by—iwri�tten
Y
•
documentation—to the Board•-that- they will suffer a
pecuniary
an Interested Board loss due to a ° ien.ct .. decision shall
entity, who has been established Party- herein. Any Person or
at least ten (10)' days prior to 2mrd action
d Party
decision, shall be given Notice byU.s• Board action or
action or decision affecting U.S.-Mail of any Board
be allowed to the affected property, shall
be examine -witnesses
evidence, produce witnesses and
cross
produced by others, may appeal
decisions -by the Board or the City Commission and aay
file suit to enforce the provisions-of this ordinance
should the City fail or refuse to-do-so. Notwithstanding
the foregoing, however, in any suit brought
Interested Party, the applicable Circuit Court shall
--determine whether-the Interested Party has the requisite
standing to-bring suit.
(x) SeflIIdmark site or Dist�i
Structurge _ of_ the - Those:.Buildings, Sites or
architectural or archaeological st historical, cultural,
normally 'at- least- fifty (50 �P°rtance, which ore
Demolition;._ adverse Alteration years old, Land would
Constitute an• irreplaceable -loss to.the -quali and
character of-the-City; inventoried interior spaces which
are accessible to the public and are_ .s
detailed in the designation; such Buildings, Sites,
Structures, their Appurtenances which they are located are considered Landmark the Property on
• Landmark- Districts may contain Conservation Siteswithin
their boundaries, if so designated by the _city
Commission.
•
(y) Mechanical c.,l*ems Heating, y conditioning, satellite dish, antenna,ventilating, air
Plumbing systems which are viible on te electrical
rc of any
facade or on the roof or the grounds of the Site,
Building, or Structure.
(z)
listing maintained byThe federal
Interior of Buildin s itesg U.S. Department of the
n re attained a , Sites, Structures and Districts
by the National Historic 1Pre ervati significance
Act of a1966 viand
• '. by 36 C.F.R. 60 as each may be amended from time to time.
(aa) Notir . To an Interested Party, notice shall be by
Mail and deemed given as of the date of U.S.
all other persons, notice shall be bypostmark. All
Notice shall meet the minimum requirements
in
aec`: Section`166 04l quirements set forth in
- to time. Florida Statutes, as amended from time
(bb) Ordina -� ReDair and Mai
and errect .of whf ch is to�. Anyy work the purpose
deterioration or decay of or damage °r prevent anyf
a Building, Site or Structure_.or anyto the exterior to
_ terior
. - restore the same, -as nearly as may part thereof and s condition prior-to such de practicable, to. its
using the_same materials= ation,..adecay or.damage,
which are as clos€as- °r 'those.;materials -available
Possible to the original.
(cc) Preservatiww 'r�_-_
staff emplo =Laiyee •
(s) of the De ElBaa=rg, The
Zoning
and Building, with the City,Department of Planning, Zoning to her as sethaving the authority granted
himtompenorve°er�j forth herein, and in the
of this ordinances'` itt�..r- e •administration
(dd)
—ge• -AnY one or--more exterior:facades of .a
Building; Site or Structure whi
way.. n,a, __- ch-tace.a public right of
_�• " te .• r� .-. _.:i
a .w
•
---- (a) Recons rual.._
reproduce The adt•7 cr -process of reassembling,
reprod ana-or New Construction the form, ,
- - -- --it a mar-p rticularp iarty and its.�setting; as
appeared at a period of-
'` the removal o! later-trork;•,'or::b time by means of
missing earlier-work ors Y�tha replacement of
• - _ bY��'3u�s�at original materials. -
. (!f) Rehabiiirs i.,-•
_c. _ )_ Building, The act•far.--process .ef returning_,-1.` ng.--Site or Structurerto_a:.ttate of utility
a
• - • _: repair, remodeling:or alteration that tY throughlean
•- efficient contemporary: use makes possible se
portions or features of the Building,hile preserving those
that are significant to its historical, cultural St or
architectural values. or
uRel i�w� Any change of =��
(gg) oca
Site or structure, from its the location of a Building,
•
•
present setting- to another
setting.
•
A source or:col2ection of Buildings, Sites
and Structures, or Areas that Mural, social, economic political;*exemplifyaesthetic
the historical,
architectural or. archaeological
°gical history of the nation,
state or City.
(ii) Restoration. The act or-process of accurately recovering
•
the form and details of a Building' Site or
its setting as it appeared at aStructure
by means of the removal of laater w rod of tine
and
particular rk or
replacement of missing earlier work. by the
(Jj) $econAar., Facade.
of a Buildin Any one (1) or more exterior facades
publfc_.right of-way or Structure which do not face a .
•
(kk)•
_. e2'ier 1
•(�e ej s At 1. LJ
•
•
A federal document set aforth a
standards and guidelines at 36 C.F.R. 68 stating
rehabilitation and nes for the appropriate
preservation of historic buildings,
as amended from time to time.
• (11) - t Este location of ' •
Prehistoric or historic occupationa significant event, a
Building or : Structure, whether st standing,
or a
• vanished, where the location itself maintains historical
or archaeologicalg• ruined or
exist value regardless of. the value of an
existing- Structure. Site may'also-mean any
Landscaping) -
accessory Building or
• Ping) designated Appurtenances and Historic
Historic or' Conservation by
a City as a Landmark,
or
under its predecessor ordinance under this ordinance, .
•
(mm) Site Pl a.+�... Set of ... :_
floor plans, accurately prepared architectural
Plan or sebuilding elevations, if applile, Site
lans,,; locations f o the entire- Site: depicting-boundary
features—including,-
"iacions alto,existing*'end.-Proposed. Site _
pavement, ng, �-`not -limited to Buildings,
pavement, utilities Historic Landscaping and other
features and these �latio a�� s 'ems'ate'' offer Seta
rights of way. Each such eP to the adjoining
drawn to.,a,s public
arrow. P i ied scar . survey shall be
(nn) . . r.a ion _�'ha:a�..-i1.,. �ti, _4 a3n a north
ct
• designed to reestablis a arre iStapnt enclosure and
the structural stab g measures
Building,- Site stability ofs� unsafe or": deteriorated
essentialidn form as it
Structure while maintaining the
it exists at present.
�� - :
' 1h- (1. - -
o `n'.� the 'oP.r ll i tt i.we• ..rCi,r-. _;�
(co) •
•
A Structure is a
of interdependent non-movable work lade up
pattern-Of intend pendent and interrelated parts in a definite
organization: "It-shall include all Buildings
and Appurtenances located on the affected property.
- (PP) -�nreasenabl r•.,..., ems,-.�Q�j
_inposad upon the owner which deprives economic burden
reasonably-beneficial use of, P the owner of all
his/ha property, in accordance withr c omit Return from,
reasoning set forth in the U.S. P the holdings and
-- 77 °f nsoo Supreme Court decision
of 104 (1978) and in the
co
-`pup eme Your , 438
-- of � v �•r,�ar„ �. Florida Supreme Court decision
1981) � �„nrr,a
, and their progeny: , 399 So. 2d 1374 (Fla:
(qq) _West Pales, ne-ch Revic*�.-
listing maintained by
e Cit An official
th
Landmark, Historic or Conservation Sites, orPalm 8within such
Districts so designated by this ordinance, or its-.
predecessor ordinance.
gect i°�3: West-Palm Beach:Historic:preservation-Board
(a)
•
The West Palm Beach Historic Preservation Board shall
consist of -seven -(7) members and two (2) alternates who
shall- be appointed b
•
residents of the Cit Y Y the Mayor and who shall be
appointment. A minimum
at least one year prior to
of two (2) appointees shall be
chosen from along the disciplines of architecture,
history, architectural history, archaeology,
architecture or-planning. ogY, landscape
additional members of the Boardashallminlbeme of two
•
the areas (2)
the of commercial development or real eestate,�
alternates shallA fifth appointee and the two (2)
be from
any of the foregoing
and
professions. The sixth
en members at seventh appointees shall be
•
large. All members shall have
demonstrated a special interest, experience or knowledge
in history, architecture or related disciplines.
Members of the Board shall serve
Of the initial appointments four three (3) year terms,
appointed for a term of three (3) (4) membersandshall be
members shall be appointed years and three (3).
on for a term of two (2) years.
Vacancies
filled within thes Bo Board, including l ds ng expired terms
shall be shall beMembers
deemed ton continue, to the Mayor. a successor has been appointed. - - hold office until a
The Board shall adopt its own may be amended from time to tees of procedures, which
current rules shall be 'available in -the of copy Hi toric.•
Preservation Planners office Burin in the Historic
hours. - office-during business
(b) PLocedur _�
The Board- shall---establish =rules ok
to any limitations'prescribed by Procedures, subject
select a chairman and other--offi law. he Board shall
• their duties and Powers. c- erar and shall
act as Secret -The•,Preservatieh prescribe
shallha minute's S all meetings the' Bid •and sshall attendt ram and participating fully , acting in advisory capacity
no right to- vote, in Board discussions but having
noetings, actingvot . advi-City Attorney shall attend all
fully in Board discussions but capacity participating
-- The Mayor, the City Administrator g no right to vote.
-
The and Building Director shall be ande Planning,
of the Board and may attend any ex-off meetings or
of its or
hearings -and• participate--in 'iti discussions but
shall"have no"vote. Five •(S)_ m they .
2a =a-giiorus-for'the transaction of--hers shall constitute
business; _
- --'The and shall keep minutes of its proceedings,
the vote on each question, nd keepnga, record
discussions;- findings -.of fact an each - records of thee
-` fir,°.`recommendations and• decision by
records or o °der official 'actions.: All
_ 'tither. accounts "of meeting, shall be
3%t'ecotd'aha`a�ileble free the -Department of nnbngc
Zoning and Building during regular business hours.
(c) Remover • : _--"--_ . ._-
•
AnY the'Board may be removed by
accordance with Section 206 'of the Mayor in
•
-.-• _ -•- -: - - . - the:- :Code.
(d) Powers bud albs."s Ro he Be'�rd � - _ _.
The Board shall have the'following powers and duties:
(1) To adopt its own procedural regulations; to
recommend that the City Commission adopt, modify or
replace the .Guidelines from time to time, as
appropriate;
(2) To conduct -,--an ongoing Survey,
••
existing
l Survey to identy andhistoricallte y,
significant properties,
and architecturally
Areas that exemplify the cultural Structures,
conomic,
political-or architectural history of the nation,
state or City;
•
(3) To investigate:and recommend to the City Commission
the adoption of ordinances designating
or Structures having special historic, c propertiesmmunit or
architectural value as Sites or Districts based upon
the Survey; _ _-
(4) To keep a register"of-all-properties-and 6
•
• that-have been desi `' factures
hat-hincluding' gnateir as Sites or Districts,
designation
all inloimation required for each
gnation to be famed in the West Palm Beach
•
Register of Historic Places;
•
} (5) To nominate Sites and Districts 'to
Register of Historic Places the National
ant • on any anc�j=ta review and
spitted to National" Register's nominations
• Commission; the Board upon request of the City
(6) To hold public hearings and to review applications
•
for Construction,* Mechanical Systems, •
Restoration, Rehabilitation, Alteration,
Stabilization,_ Ordinary Relocation,
Demolition'aff-ctfh osed sr nd Maintenancet or
or Structures within District. desi ssUe or Sites,_
Permits !br su- , and'�ispue ma deny
ch actions. 1'-;� pYicant-
requested` - _ � , __
by the=rBbarditb " may be
•
elevations s e itubm p rafie! drawings
Ale a `nececs ga 3re and-°der fnlormatioi: as
' `' irirecisions;
(7) TQ<bold-heaffn
for gs- -raviiiikki �dycoresiderli •_ .�-
•
ertificates of--Eco"tr�ic._ H $�P}ications
allow the af�rrdsHi'p that t has
}�Lrlormaa�e of work�for'vhich a
been-denied or for irbicl a- p e Permit has
-. ' •;' �c- __ �.:..,�z'mif is not available;
(8) To determine an a - ..
feasible system of markersr and a and economically
for .the design make recommendations
markings desii �n lie t1:ot recommendations •
treets 'and routes Yefltlin` i o#e'
g from'•one
. S
Site or District to another;
•
(9) To advise and assist" owners of Sites or Structures
within Districts on -physical-and financial sc
of preservation,' renovation`, rehabilitation and
reuse;. and on procedures -for inclusion on the
National Register of Historic Places;
•
(10) To inform and -6ducata._
concerning the historic'` the .citizens of the City
heritage of the City; -..---:altural and architectural
•
(11) To review zoning amendments '
sPial:.:uaa permits_ ar.,_a applications for .
e
variances': that affect pplications for zoning
Historic Sites or Districtsignated Landmark and
e
•
applicable City department shall send rartor of applications
for special use or zoning variations to the Board
for comment prior to the-date of the hearinggs yoard
Department-of Planniii by the
g; Zoning and Building;
(12) To administer ono
full or partial interest in real property,e City any property or
easements,,that the City may includinga
•
gift or otherwise, upon re have or accept as e Mayor and City Commission;
and approval by the
(13) To accept and administer on
gifts, grants, and moneybehalf of the City such
the Purposes of this ordinance.ay be ha money a may
for
expended for publishing maps and brochures or foor
hiring staff persons or
Mayor and City commission consultants,ants, subject to
fund or revolving loan for appropriate
approval; provided as a
performing other appropriate projects; or
Purpose n c ppropriate functions for the
Board and the wing out the duties and powers of the
•
Prposes of this ordinance;
(14) To call upon available City
r Planner(s)Plannes) as wellmembers as other experts for
and the
•
assistance-and/or technical advice;
(15) To recommend that the City or consultants or to a retain such specialists
committees as.ma appoint such citizen advisory
Y be required from time to
(16) To testifytime;
including before all boards and
g'the Department of zommissions,
Building,• on any matter-affecting-historically,
atter--'affecting-h Zoning and
culturally and architecturally significant property,
y
Structures and Areas;
(17) To confer recognition Upon the..owners of Sites or
property or Structures within Districts
certificates, plaques or markers;•
' means of
(18) To suggest draft language
Planor the development of a
City-wide Preservation
Element,.for,:the -Cit • 'c and/or a Preservation
assist=•in an+etidin Y s ZOmPrehensivePlan and to
Housing and Coastal Zones Management
Future Land Use,
Comprehensive Plan, from t- 9ement elements of.-..the-
.
(19)• �e to' t�e; -.
Toperi -,c ; , ~r�faw- '"='-z,i:. ;-rec ,-4-- z! r^c.aY
to •recommend to-. the CitrZon�ng.Ordinance . _.,
and Building the DepartMe:lif of-Piannin and
ordinance •
g and City Commission and to review
amendments and recommend to the Citythis
Portions repeal of either Commission
continued thereof,_
appropriate for the protection
ordinance, andd
continued
edf Sites or property- Structures
Districts; and: -- - . .. . S otures
(20+ To--, form late; -_pub1igh, _ and
"-aPPrnpriate, subject-to. City- impose, whale
- • "a reasonable fee schedule for desCmission approval-,
by fie'-: owner(s)-, Permitting �ations requested
for
historic street markers ad applications,
applications, —to.—cover—the costs of processing each.
(21) To undertake any other action or activity necessary
- -or:appropriate •to-the implementation of its powers
"'and dUties or to implementation of the purpose of
this ordinance. -
•
Section 4: Surveys and Research- L
a ri_ _.tea. -a4. 4. ays
The Board shall undertake and continue ongoing Comprehensive
Survey an$ Inverd:efYynt research .e
Areas, Sites; --Structures 'and . Districts the -City, to id
community, architectural-i7r'- aesthetic portance, interest or
. that have historic,
identify
value. As part-of theturvey, the -Board shall review and evaluate
any prior surveys and'studies by the Preservation Planner(s) (as
previously prepared pursuant to the Comprehensive Plan), any unit
of government or private organization, and compile appropriate
. descriptions, facts and photographs. Prior to_.a Board initiated
or Preservation Planner(t) nomination for designation, the Survey,
shall be carefully reviewed to determine:- he significance of the _
Areas, Sites, or Structures. If,the Areas,. Sites, or Structures
• have not yet'been surveyed,•the Board may first develop a plan and
schedule for completion of the Survey of the City to identify
potential designees. The Board shall systematicallyYstematically identify
potential designees and adopt
individually or in- procedures to nominate them
groups based upon the following criteria:
Distinct
(a) geographical. Areas of _the City, including
neighborhoods;
(b) Areas, Sites, or Structures associated with a particular
person, event or historical period;
(e) Buildings, Sites, Structures
particular • architectural style or .scho or ol,Districts
of a
particular. .. a ,- engineer,._ builder,t: designer '-or
rafts
(d) Such other criteria as may be adopted
the assure a systematic and comprehensive Survey
to
. • nomination of all potential designees within the City.and
'Nominations by the Board_ er_pl
'on -m form - r (sl shall be made based
upon the Survey, P ep ,e�, by the Board and may be
submitted by the Board to the City Commission, for designation.
•
sect— ; City Historic Preservation Planner -(s) _
(a) The Preservation `Planner(s),
Planning, Zoning and Building, she the Department of
ordinance and.shall.advise 'the-Boards on-eacchi aster this
that shall come -before the. Board- for-designations,
applications - for. - -permits-;-
Certificates of-'Lconomic:iHardsh - a applications for
•
the preparation oLsc��yl a •° and_shallaassiat:�n
.person Or-persods-'mhalb hs �ti'°��, * halo This
history; archite e=tisarim abC2saeology,
preservation pla ja oe e� tlatedplvation,
Hr-moo 4'--, ►Talated field•
(b) In addition ^to`=sexes f c i :,F t.��...-. . ._
the Pi`eservatiftt--pl er tesent responsibility--
the Board,
coordinating- the Cit , ( ) has responsibilit
those of state and federal.agenccies en with local,
state
and national preservation-o and with local,
sector; rganizationsn=the-Private
/J
(e) The Preservation Planner(s)•-sha11-recommend to the Board
• Buildings, Sites, Structures or Districts for designation
as Sites or Districts in accordance with the Survey and
the criteria established by this ordinance.-
(d) The Presemmtion•Planner(s)'shall assist in the ongoing-
.
- Survey of all Buildings, Sites, Structures, or Districts
within the City, as it may be amended and updated from
time to tims..,i,rhe:Planners _.
for designation (except for Ci�y County,
'an State, or scion
law-created entity owned Resources) of sty' or ate
or District from the Survey of a potential Site
under his ordinance; p and. as Atherwiae authorized
e
(e) CO Pre bons to the Board shall review and make
'
ation
rtiffiaslo and applications for Certificates of Economic Hardship,
and the Board shall consider-such recommendations its
decisions and findings of fact.Planner(s) shall only baveuthori toe 'eservation
.a
without required Board- approval;- for-applications m ifor
•
Stabilizationir and '?laintenance Permits', emerges
. causing an Effect, 'iand "minor alterations Permits not
additions or replacements of awnings, shutters and fences
Permits such as
(not door windows,
ot causing-or other structural or permanent
Alteratfo
refers such decision to the Board for any one the Planner
• of such decisions. In such a case (1) or more
so notify the applicant in he Planners) shall
Board's decision on such case hallg thereafter and be final. Any final the
decision by the Planner(s) may be appealed to Board
•
for re-consideration and either affirmance or reversal.
In all other- instances, the Planner's recommendations
shall be advisory in nature;
•
(f) The Preservation Planner(s) shall assist
the Board in
Preparing its formal written findings of fact reasons
for all decisions issued by the Board. In carry
this duty the Planner(s) may seek additional inffrmation,'
documentation or other-- evidence
- from Interested Parties,' the City Commission or any hother Board,y
official or staff member, or from any other available
source; and,
(g) The Preservation Planner(s) may assist
carrying out any of its powers ;•the Board in
by the Board. and duties upon request
•
The Preservation Planner(s) shall review'
all permit requests for demolition within the City.
Particular-Structure warrants it and it is otherwise
'authorized under this ordinance,
Planner(s) may initiate, or recommen the PreservationBoard •
initiate, the designation a that the s
If the Structure is of.-PPlication and review process.Preservation Planner(s) may -further
further significance, the
• Board require -that no y urther request that the
Board's review of the Structure d issued omm in
decision to designate the City Commissions
decision
g or deny designation
St stximum provided_for!j this ordinance. to ther
the Maximum
period during which noeoissue
Para a permit will be issued
days. _. .1r Ph use one hundred twenty--(up).
:
` ,_,,...:r 3 _za L.ian. wit `cwBe—tio L : Designatiohof 8istorici-Site d 8sstorsc Districts: p: s a; ,? }(a) as
. ark or
sienw*t
In reviewing a
In
cSite ao proposed designation of a Landmark or
Las hal dmarl reviewistoric District, the Board
and City Commissionr
in the context of he proposed designation
he Survey, which shall serve as the
fol
lowing criteria and standards for designation shall
be applied.::: ur:,,•r. - -:4�.-. ...- -
In order t�=desi . : A' - ` .
gnate a Landmark site or.District, 'the Board shall .be_.required-Itz-sake-findings---og; fact that
demonstrate,-:the designee- #s---of'_ the .highest historic,
• cultural, architectural-or•archeological_importance (i.e.
• it is the only, the_ best, or the last example of such
....- --type.-. f-Resource, within the City) and therefore, its
•
loss to the City would be irreparable.
•
. In.�order_t 'o- ignate. av istorie Site or' District . the
Board.-shall;bs required, to-make. findingl: • `
men+strfteuthe designed is .of high importance
_fact. •that
s
•
-ors :ol- the best examples, one of thelast remaining
examples, of such type of Resource within the City) and,
therefore, its loss:_to :the City,-would_be significant.
• The Board and City Commission shall utilize the Survey
to make these determinations in accordance with the
criteria applied to evaluate properties for inclusion on
the National Register of Historic Places, 36 C.F.R. 60.4,
as the same shall be amended- from time to time, which
reads substantially as follows:
(1) The
Quality, of--significance in American history,
•
ais rchitecture, archeology, engineering and culture
present in districts, sites, buildings,
•
structures and objects that possess integrity of
location,- design, setting; materials, workmanship,
•
and association and;
a. that are associated with events that have made
a significant contribution to the broad
patterns of our history; or
•
b. that are associated with the lives of persons
- significant in our past; or
c. ' that embody the distinctive characteristics of
a type, period or method of construction, or
that represent the work of a master, or that
-'' Possess high artistic values, or that represent
a significant and distinguishable entity whose
components may lack individual distinction; or
d• that have yielded, or may be likely to yield,
information important in prehistory or history.
(2) • riteria cons+de a ime;;,:, Ordinarily
birthplaces or -cemeteries,
properties owned ,graves of historical figures,
for religious by religious institutions or used purposes, structures that have been
moved from their original locations, reconstructed
historic buildings,
• .commemorative -nature properties primarily
• achieved significance-vithieoperties that have
not- -be considered:-eligible . rt-t years shall
Register. However, such the National--
- Regi are -integral properties will qualify if
the care -i tegr' •fie ?of-districts that- do meet
- categories:-_- --_. .... Y-fall' within_xhe -following
`-_eta: :s/.: .-Y_
religious tt. f-,�e rc.l.errt-"-, ,'emu
A
•a• Vi ':..
property derivin significance from architectural or artistic
-, ,;,. distinction;.ortstorica
b.-,-- ]�: building; r.-o . �Portance; :off`:
3v-ori insb< 'ucture''removed tram its
l�ti -. but.:which.;.is significant
- ` Primarily..for.architectural value,: ^ the ,hurviving- -structure most or
m which ly
associated with a historic - Por vent; or
c. A birthplace or grave of historical figure
of outstanding importance if there is no
appropriate site or building directly
I L
- .-...-1 "associated'-With his productive life.d. A- cemetery which derives its prima
significance
from graves of persons of
.. -,----_ .__.transcendent importance, from age,distinctive design features or from asciation
with-historic events; or _ -
e-- A:. reconstructed= building when accurately
- executed c: in a
.= suitable environment and
. - presented...in a-dignified manner as part of a
!'---restoration master plan, and when no other
• building or structure with the same association
-: .,_has survived; or.:, -=_.: ,--
•
• f. A property primarily commemorative in intent
r -ram it<design,.pags:-tradition or symbolic
•
invested it with its own exceptional
significance; or
g. A property achieving significance within the
- ' -past 50-. years if::. it -is of _exceptional
'-. importance:-,-,--: .-
(3) Instead•r• of 'the 'National^ ster
`R -
Landmark-:.or-, Historic potential
may
criteria, be
designated by meeting subsection (a) hereunder,
-- -one (1) -or more of-the following additional criterand
ia
under subsections (b) through (g) hereunder:
•
•
a• -In the-case -of a_Bite, the Structure shall be
•
at least 50 years old; in the case of a
•
District, .at least 50t of the Structures shall
be at least 50 years old; and have
b. Association -with an- event that has made a
• significant contribution to local, state or
national history or culture;
C. Association with the lives of people who have •
made a significant historical contribution on
the local, state or national level;
d• diment of distinguishing characteristics
of an architectural style or elements of
design, detailing, materials or craftsmanship
that render it architecturally significant or
- - valuable for the study of - a period, type,
.! method of construction or use of indigenous
materials; _ -
e• Association with a singular location that is
unique or possesses singular characteristics that make it an established orfamiliar visual feature;
f• ---Demonstrative likelihood• —A-Significant-information-important in terms of
"""archaeol
�'
g. archae ° ' history or prehistory; or
Listing in the National Register of Historic
Places.
For purposes .of this Subsection'A, "exceptional importance",
"exceptional significance" "
"irreparable" or w significant", "significance",
importance• and •-all other subjective wording
herein shall have their plain- meaning, as establi
caselaw, to the extent same_. di a o
jigkEterla
or•-or
fed R7CiCtg.BY [nr r:L'ri'
LdDdmark and H;a+w«� Di sc+�•{ -
In the ' '�
6W .. nr :c:A .a.s;; r ins
case of a Building, Site, or Structure within a
Historic Districts�� ut_rnotztaf.a- • <HistoriBuildinc, Site or Structure shall k5d Sfi erie` Landmarks or
Site. quality, such
grated a Conservation
.a- • .. Pa>iC—Yam.. ` ` - ...-.
.. r.�- ti - - ' -_ _ t..l _ _
. 1
(C) Procedure. -- -y '- -
(1)-, ��11Cntion Fe,•,. -• .. - .. . . .. .�__ .
app ca sts °r, dasigAation shall
be made _only en
provided ' by the -Boy forms approved and
;consistent; with , � forms shall the -Rational Register nomination
forms promulgated by the U.S. Department of the
included,on the,a tollowinq; information._shall be
. application form: •
•
- a. ` The street address and legal description of the
•
3 '-r:.a Property nominated-tor-designation
ominated for desf
•
•• - • a-District, or.,of the property
-_lloc as a site,
-the boundarieat:at ocated within
-£ i rAcThe name and address District; -- ._.
Property owner or
owners;
• - C. .. •'her name .and address of the applicant;
d. Date of construction of proposed Site or of all
'Properties located within the boundaries of a
proposed District;_ and -the source of that
-information; .,
er history ot__theme p
- includingpro osed Site or District,
whoa•each the 'name of the architect and for
Property_ was built, if known;
f• _A -statement rdiscussing why
believes the proposed designation
the applicant
approved; gnation should be
-
photographs 9• Photographs: For a
proposed Site, two (2)
shot of the proposed showing (1) the main facade and one
facade _and the other property,s e o•
f (2) the main
e
•
property. Fora proposed District, proposedone view
•
along each street and. a photo -of ate least-one '
sample structure on each street;
h. A Sketch Map: For a proposed Site, the
--- boundaries of the property, an outline of any
Structures, objects s
'
_ and: their d-Buildings on the Site
relationship to streets shall be
- -c: shown. For a proposed District
of the proposed :District • the boundaries
and Structures and _ ' all the Buildings,
c streets within' the their_ addresses;_and -all
shown. proposed boundaries shall
receipt of the a Preservation Planner(s), upon
property the application, shall classify each
Historic, n the proposed District as
Landmark or Conservation site a
upon :all information= .a provided (based
-_ consideration and ) for
•
zi by tbe.aload• `•Said..la sifi ations shall al re-classification
•-indiated Ofl:the' sketch map.- All sketch maps
shall include scale and a north arrow.
i. Pertinent Portions .of the Serve
to the Site or District. Y' Pertaining
•
e ... : .: ,_ _,_
APpliations ,for J•andmark and Historic deli
shall-- either;•:berinitiateddesignation
y
Commissions_a ma jorit -of-o n the Board, the. offta
- District deaf y wn�s<.'(in the case a
,.Dite deaf motion)' the owner
gnation or (m�' of•Phone(s)-
•
Fdnly the Board or the or-by
Commission�Planner initiatea
designation of a Building, Site may Lure r,-:,: , Structure °r b3cWthe C ,,.
steereated:r.entftty Po th •state .ar...bj,
_determining "-he_ma ty• per cents the, purpose, of- -
_eone ,percent jor3
- of`propert r ge _(ingnDistrict
-designation, each Y:�owners desiring District
vote and-the identitypy shall be allotted one-(1)
be determined-byandt of-the property owners shall
:ate, Pro dert the most current Palm Beach-County
y Tax Rolls then available::,-f.
! I
• `upon receipt of an application
fora, the Preservation Planner(s) shall determine
whether the form contains sufficient information for
the Board's .evaluation: -It the information is
insufficient, :the Preservation -Planner(s) shall
promptly respond to the applicant, specifying
•
. additional information 'is -necessary. - Y g what
•
]1Qpn.i' Following the
Preservation Planner's determination that there is
sufficient information to permit appropriate
- consideration-"of -an application for esig Board
do
•
•
said application shall be designation,
i- regular Board meeting fora a publion c the
hearing
iof
n
• . accordance with Notice- requirements. in
•
(5) - Preservati.,.. Hoard 0.0.i..
Preservation Board shall advertise and hold•a• The
hearing in accordance with-Section public
•
Statutes.:-z•pOtice of etion 166.041, Florida
matter of •-the ,hearing- shall- place iandsh subject
a
- newspaper of general *circulation--in the Cityd in d
mailed to any Interested Part an owner and
real property within four hundred ( any) feet oa
potential designation Site•or•District, lessof a
•
than thirty (30) calendar . not
Qays before the hearing;
(6)
When
• application is made on a Structure for designation
as a Site or District based on
the Survey,Notice is mailed' to Interested Parties, no a and
with respect to such no action
commenced be
` unless site or District may
compliance with the approved by the Board after
ermitt Sitelnorprocedures outlined
herein for Landmark
requirement shall remain until the finalidis Such
of the recommendation for designation by disposition
Commission in order to protect the City's
the City
•
welfare, avoid an irreparable -loss and prevent
•
circumvention of'the protections of prevent
this ordinance:
The applicant may apply to the Board for application
review of a proposed project prior to finalCity
final
action on the designation request.
review the application using criteria setforth shall
Landmark Site or District review and shall follfor
ow
all review criteria and procedures used to review
. • same....c.••• Permits -may •be issued-;•tallowin
approval'. applicant's Should the Board deny theg
nted
request, the applicant po to heCity
• Commission following procedures outlined herein.
- Should the City Commission fail to• d•
esignate the
Site or District, in accordance with
and within -the time frames set--foe procedures
further permitting r forth herein, all be required and. only.-
herein-shall no longer forth,outside and. o Y--Permitting-.requirements set-
, Site-or District.'ordinance=shell'•-thereafter apply
•
y:.
criteria °a R_
criteria
forth herei7ti, for-s the;f•wing the •
with -•r'tion the,Beard vshmll'make'=l't, •emendation
--.witin tc V; he'r-proppsedr„ ec°eendatiin=.
g, within fifteen (15) workingg$ays afte e initial hearing date, setting days after gs of fact and reasons which constitute to use findingsao
its decision, the basis of
District, the Inar the case of a Landmark or Historic
•
fact to determine'whichshall
g 1e flier findings of--
are_ of..Conservationwh s ,S tuies-contained therein-"
-quality only and shall so
i 5�
designate such Structures as a part of its
recommendation. • _- - ,
•
If a is jority_ •bf==thetB ea mwaapproval, it••:vil1-•�fofwa=dthplication wi�
•
findings, reasons,--and recommendations to the City
Commission. If the Board recommends denial, no
further action will be required unless an Interested
Party (In the case of a Site), -or not-less than two-
thirds'bf the'affected''property owners (in the case
of a District)]---appeals-to the City Commission. In
such event the City Commission may re-consider
designation -or require the
•
(8) = ` t�i► CedtitiaQ�,,; n�-: Board to do so. -'. c_
working days afterWithin forty.five 4s)
•
a recommendation fore Preservationthe n Board hearing,
Landmark, Historic Site or District,� of a proposed
form, shall be placed on the agend of ordinance arr
meeting of the City Commission.' The City Commission
may approve or deny designation or delay designation
for'up to ( ) -year and
-`of_ =fact-' t for - the: bases-° fi
or its A
. designation will be deemed-approved if the ordinance
is adopted by a `majority vote of the City
Commission.
(9) Nest PaiE jeach R oisfier of
City Commission adopts an ordinance designatingIf the
•
Site or District and specifying wheth it is
designated Landmark- or Historic (and specifically
•
designating any Historic
Appurtenances integralLandscaping and
be thereto) the property or
•
properties will
listed on the West Palm Beach
Register of Historic Places. In a Landmark or
Historic District all Structures not meeting the
stated criteria for designation as Landmark or
Historic shall be designated
Conservation Sites, and shall in thethe ordinance as
applicable sections governed by the
herein, pertaining to
Conservation Sites.
Structures, . Buildings, Sites, and Appurtenances
listed on, or eligible for listingon theNational
Register or individuallyon the National
t Palm Beach
Register of Historic Placs, either ass an individual
r Site or within a District, shall- be deemed
to modified enforcement of standard building codes,
as provided by Chapter 1, Section 101.6 of the
Standard` Building Code. The provisions of
the
standard building codes and zoning code relating to
the construction, repair, alteration, enlargement,
restoration and moving of theses Buildings - and ..
Structures, and- setback,'height,- •and floor/area
•
ratios, shall not be
- approval of the Board,mandatory,
y nsbe granted to the
• denies Sed•upon-the appropriate granted or •
herein -at in the Guide/12*ariate criteria set forth
judged by the BuildingOfficial:' when such actions am
the public's interest o health, eta safe 'and in
All such approvals must be Y and welfare.n
•
- 4submission . rof._; . based on the architectural
engineering plans amend1°�al ar�itectural or
'` that- rolgrssional•s specifications and must bear
ant
-' '`.. 1Y- additional'- financial.�ntives -Board - ma
or D,istrie ddesi ti�Q.tine, k sites
- •incentives become ation�.from_time_tb time
Mayor- available and are' ► asb suchh
y and City Commission. PProved by the
(10) iana ion Recorded• �� +l
working days of designation. Within ten (10)
rk =� emissiod • ggnation. of-District Or Site, the
shall' Cause-- the • -designation
. i
/ �
ordinance to be recorded .-
Records of Real Property of PalsOfficial Public
within ninety (90) workingBeach County, and
House llumberin days recorded with the
Basch N g-section__of:..the rCity of West Pala
the tax Department-of-Planning,ing, Zoning and Building
•
Palm Beach County, City West Pala Beach and
official zoning the City of West Pala Beach's
—erect p For Districts, the City
- economically feasible . standardized shall
-..signs--approved=.by • the Board: identifying street
-District, within a period of two-(2) year troa the
.-the
:.date of such District designation.
Sst� n • gnaterks'-Sitea*.and• Districts
: _. Previously
_DeeiAll Buildings; : Historic . Sites •
•
Districts heretofore designated -under Structure's or
ordinance (and as defined-therein) the Predecessor Historicto
District, or as National R as an Historic:site or Historic •
Historic Landmarks or Sites,Register
Districts
be reviewed-by°r Landmarks, or State
and
, that body, applying the designationreviewed--b]' the Bo• shall recommend the -criteria •of-this ordinance,
Landmark or Historic Site or District,ison the designation of each as
fashion, over a-reasonable .in a systematic '
period of. time. y emetic and orderly
Once such review ::
dedesignated National Register d Dist icitss pending,
signs Landmarks o Sites, or Cityor all Previously
Historic Districts shall be accorde thei Landmarks or State
designated Landmark- Sites-or Districts and shall Historic
1 Sites or
protection of properties
Permitting requirements for same during such comply with the
public purposes set forth in Section 6 above. pendency
of a previously designated Historic Site or Historic Districts sameder
the previous City ordinance, suchPrior to Board review
bound by the requirementsProperties shall continue tobe
standards contained therein.procedures, guidelines, criteria and
For purposes of this Section, Board review shall be deem
commence on the-. postmark _date of °f t
consideration to the affected o Notice ed to
wner(s) . he designation
i-°n E: Removal of Designation`
Upon recommendation of the Board based upon new and co
•
evidence and as to Adv
same criteria andevaluation
i erse .Effed , compelling
for designation,, a folio ate onhe same
e.procedures setand forth to the
Cityor Commission based upon such =•th herein
Board recommendations.removed by the
•
2_ -2• ChangesIn Designation of Sites or- Distric
ts - •
if additional day reconsider a previous evaluation of a Resource
to is._provided ora new evaluation.is
criteria set .
thee
teria fob.herein. :., When such -a_-.R sect using
for•,,a: 'higher -cote eagaraa�::mee on •tll
documentation.�. g°r'X �-ot"�,desi
designation.- prov ded,•-:the-Board Ally 1, anion:; sd ill
designation, Fo City
the same-procedures sett fortha change- in
designation,
recommendation theo Cit B Commission may change herein forn
Board. ,_, a designation
_..:-- r: uir .,� •:�.n ,:Y•rz�„;�,,,: n upon
".l y _4s13 tt. -•. ---, ::i ,,,E
�ec*ion gyp: •..: .- �.,•,.,., _. ��= .:�-�� ;�al-� -- _
Designation"- :nu et- ,w-not •1.y,_._.e1.:>< z_
- Subdivision es or-S Seat rfu -Other Political -
Count �ctures.: - .,-...- -
-
y, State or political subdivision entity
boards,
orSspecial districts, water management distrit(such the s
hereunderorn enduresdrool
extent not may be designateda Site and like)
the prohibited or preempted byDistricttu
statute or
• 7 7
the Florida,.,Constitution, or . otherwise_
Intergovernmental Coordination Element of the provided mpr for in an.
In the absence of such prohibition, preemption, or other
afire Plan,
such other government say only avoid_-designation. of Site nor
Structure bearing the:burden of
• balance, are• best served by avoidingg s ch Publicdesignation.
interests,Such• determination shall be established by he appeals forth in this ordinance. Once. designated, PPeals process as -sat
appeal, such designated„bite or.-Drstrict alless reversed upon
regulated by all-Persit Certificate, s C°mp1Y with and be
procedure provisions_ contained herein, astandais'_ guidelines haer Site or District.: ---_ _ required of any other
- al , csrriati• -
Section 11: • a_. ab],E. ternatIva can`be -cu . . _ `• ter:
•
vs}aof:Action_kflectiaq:-Sites or Districts
(a)•
Board or reservation Planners '
approval shall be re ( j Pit application and
affecting- specified-types -of.
ffecting specified �uired��belore �the following actions
of District,ti and say-be issued f. Sites, or a•-property in a
as specified below: •---•-- --- the Board -or
.
Planner(s
(1) Alteration or Restoration.
include.- all Buildings, as _to .ill Sites (to
Appurtenances) g ' Historic Landscaping, and
Alteration, suchanas Districts; • if for minor
•
Alters s addition or replacement of
awnings, shutters and fences, causing no Effect to
Structure or Building, Planner approval required.
All others, Board approval required.
(2) Relocation - as to all Sites and Districts; Board
approval required.
(3) Ordinary Repair and Maintenance
Historic Sites and Districts l as to Landmark and
•
Sites); players) approval y (not Conservation
transferred to Board fo red unless
(4) Stabilization as to Landmark and Historic Sites
only (not Conservation Sites) ; initial application
to Planner for review. If Planner
emergency stabilization is w determines
grant such permit. �Tanted, Planner say
StabilizationIf Planner s.determines such
eta may cause Effect and is not an
rgency, :the Board shall review the permit.
(5) lYechanfcal Systems `-
•
Sites onlyas to Landmark and Historic
Sit (not Conservation Sites) ; if no Effect
All others,eBor Building, Planner approval required.
approval required. 7(6) Demolition - shall not be
iDistrictskor District; as to. all.:HistorcSites ofor-Lar
and Conservation Sites within Landmark or Historic
Districts; Board approval required. •
(7) New •Cons , ~t.11,-' =•' ;
unction -.`'�
Board - as to all Sites and Districts;
'approval required.
(b) ;t• - -,d !:n
Every applicant .r �,_ .v:: - -_ ._
eration equesting .a. -pe1�t:-for- . t.."- t i`A .
Restoration, elocation; Ordina y,Repair:and Maintenance,
construction which- would la Systems- Demolition Maintenance,
property within a District, incfectluding
a designated Site or a
Buildings, and •Historic - including all appurtenances,obtain .approval; c a ;,man-- 3a�r
Preservation Planners be directed dido the
( ) to begin the Permitting process.
S.
bectio� 12: Standards for Review �.
Certificates of 'Econom°icPHardshiermit Applications and �. -
In reviewing—an. P
Certificate io g" an application
Economic Hardshipfor any. permit, or for • f
determining issuance of condtionsely,-t hovave tific to ores of
evaluating alternative'relief ,from a. �eq a Certificate or Board and the Preservationenact requested Certificate),., tha
a final decision .P1 (s)�_ or;
and the CityCommission f Purposes of rendering
aTina for- purposes of reviewingnd7.th and/or a Circuit Court,
the applicable e Portins o Appeal of a final decision, shall
apply of f genera criteria contained
as may secretary modIte Interior S tn�ds_time,- -the
theilitation thenin the
is as follows: effect,
= ti '. - current version of which
•
(a) A property shall be used for 'its historic Purpose or be
placed in a new use that requires•
defining characteristics of the builddiing a changeits s to athe
nd
environment: building and site and
(b) The historic character af a property
pof ehtlatisioand preserved. The removal s rcm r
alteration -of-7-features
lteration of features and spaces that characterize-a
property shall be avoided.
(c) Each property•shall be . :. . :
its time, place, ands recognized as a physical record
offnit of historical Changes that create a false
sconjectural features or architectural element as s from
buildings, shall not be adding
undertaken. other
(d) Most properties change over time;
acquired historic significance in
be retained and preserved. their ova right shall
(e) Distinctive features,
finishes techniques or examples of craftsmanship
construction
a historic property shall be P that characterize
•
preserved.
(f) Deteriorated historic features
than replaced, There the severity be repaired rather
requires replacement of.a of deterioration
, the new
feature shall matchdistinctive feature
other visual the old in design, color, texture and
Replacement of-missing and, where possible
byRe lacuments features shall be s' stantiate.
•
documentary, physical or pictorial evidence.
(g) Chemical or physical treatments such
that. cause dame e , as sandblasting,
used. g to •historic materials shall not be
appropriate, surface cleaning of structures,
possible. , Shall be undertaken using the gentlest means
•
(h) Significant archeological
be and resources affected •
shallbe bprotected preserved =_I! such resources must
disturbed, mitigation measures shall be..nnder taken.
7 .(i) New additions, exterior alterations
characterize mall not destroyor related new
property. historico materialsn hhat
be differentiated Eros: The new construction shall
with the enti the=old -and-shall be:
compatible h thect:massing, size.. scale-and architectural feeaatures
. tothe historic,,
•
environment.-•--- �t 'ibYoffthe_.prop�•tY -and its
(j) New additions =s;-.I.,-- :: :.e .0" rL arc:-
d undertaken or related new construction
shallh rtaken in such armanner that i!
historiche future, the essential form- and�--int removed the
unimpaired:-roperty and -it environmen : would -.of
/ Ci
•
In addition, the Board shall consider the Effect the requested
changes may have on those elements or.,cfeatures of the Structure
which served as the basis::for its- degkignation and . whether, tli:
requested changes cause the least possible Adverse Effect on those
elements or features.
• The above general. .criteria shall be supplemented-,
following criteria-specific. to certain-tits,. by. the
Guidelines, as they-maycertain-types of Permits, and by the
incorporated.be amended from-time:to•time, which are
'specifically herein by reference and made a part
hereof..
(k) Nev ConstrL�+; -1. �:_ . Li.-tr 4 _.— --
on•and A} 6o.--•- -_
j rat;on�: :•,,,~ _
In co :1 neve iDpij ca ,� 1 _.
Inpval or
em ..16... 1
*derimc whether_: to .,recommend-• a
disapproval -of an application. for a.. permit=for New
Construction or' Alteration of Buildings, Appurtenances,
Structures, Sites or in a District, the Board shall be
•
guided by Standards of the Secretary of the Interior, as
set:forth_e_bOYe, and as modified from time to time, and
the following compatibility standards:
• (1) ._.Site-and trang. : If a developer
a_Resourcr as an intends to_utilize
aoesour y. part of•a development, he should
the context of the- Resource's original
location-and the importance of. the setting in the
. _new development... ,. -
•
In some instances, a Resource will occupy. :development location and limit development•
opportunities •to rehabilitation, renovation or
restoration for adaptive use.
• In instances where ,a Resource occupies less than a
full development location, greater flexibility will _
be available for new development that incorporates
the Resource into the project.
(2) Biai— n— ej_cht and desig st ,
level should be visually compatible with ht djaaccent
_- Buildings._, D8e of„setbacks at ;u
used. The a PPer levels may be
pparent physical size, scale, height,
bulk, . mass, rhythm of openings, backs,
orientation and foundation platforms should tre ate
- . - to existing Resources without overwhelming them.
•
New Buildings-should take their design gn cues frog the
surrounding existing Structures, using traditional
or contemporary design standards and design elements
• that relate-to the existing Structures that surround
the new Structure. Building design styles (whether
- .of. a contemporary- or.traditional style) should be
visually compatible with the existing Structures in
the Area.(3) .
$4P4itonti o D .,i.... ,, :,,� .l. .
windows, doors and entries shouldwidth be
height lof
y
-- Compatible with Buildingsbe visually
surrounding .Area.,:;_ 10n and Structures , in..the.
._��. setting. A.-10�14 �u�nbrok� facade in i
into�sa4lfiesr �atgOY SeS can be divided
- - inand ys which will .cLompliment the-.visual.
( setting- the streetaca_pe„r--c r'.. ..1._;.--_-"..
4) R ythm of -1,.c— ; c . : St, - � r.:: ..cc
rsult
olids *pr void. i„ • '�:t�r�. k': .- -
:c=rslataonship of solid,spacee ra`"a The,
_� •-- (i.e.;,:windows/doors).•,,in :theefront le) 'e of a
void a'
g zucture,should be-visually tompatible
environmlent. s and Structures- in the ,surrounding
(5),
street„ The relationship-of a s e
Auildinq,a}T=St-•icture
orto the open space between it and adjoining Buildings
- Structures should respect the surrounding
environment.- - The building
architectural projects .can-be ari_mass
of large
setbacks for open space and landscaping when
• appropriate to provide necessaryP g when
between a•large Buildingand visual transitions
the adjacent Resources.
(6) BhYthm g ent ague h and o h _.
relationship of entrances, facades, and setbacksThe
•
general should be designed to be visually compatible in
with the existing Buildings, and -Structures.
(7) ifl
., t Y+,,.-
•
relationship of materials and texture of the facade
of a New.. Construction should be chosen with the
predominant materials used in existing Buildings or
Structures in- mind. The. . choice of exterior
materials and material textures should be tempered
by the predominant materials and textures of the
p efe able9, Area. Simplicity in such use is
(8) Roof sienna; The roof shape
•
Structure is a major distinguishing visual element.n
or
In most;cases a•simple roof form similar in fora and •
type as--those -in the surrounding environment is
appropriate.
(9) walls or enr;n„i*. Appurtenances of a Building
or Strutu
•
cre u
sch as walls, fences and landscape
masses should, - when it is the nature of the
environment, form cohesive walls of enclosure along
a street, and use similar style and materials •
wherever and whenever possible, to insure visual
compatibility with the Buildings or Structures to
which such elements are visually
Landscaping and use of greenery related.
included, especially in parking an also should be
Historic Landscaping or existing and sidewalk areas.
is- integral to the overall hstoric- or landscapingltural
which
_.qualities of the Site shall be retained wherever and
... whenever possible.- -
(10) Bcale of t,,,thu The size and mass of Buildings
and Structures in relation to open spaces, windows
door openings, porches and
visually; . compatible,,-...with balconies should bed
Structures in the adjacent Buildings and
•
j environment.
Ill) Aux{i i,,, --��'►. The Site should take into account
. the -
compatibility of
facilities, utility and service areas, parking
Appurtenances. These should be designed with and
overall environment_in mind and should be in- visual
keeping with related Buildings., :-Structures -end
Sites.
-
-Zn •' t r .:;zi r ,_ tit
.-_ or : recommen�detions- affectin . - 'Tine
Lures-:..which <will -hay, Drew thanBuadions
important facade, such as those on a co facing
•
. -two streets, or:those which-will-face-both facing
and -the:- Worth ..WaterwayRit, ., Board it shall
consider,_ a visual
-- with. respect,.to„eeht.�ayp cOfacadeitY:•standards
,__ - 'facade-4-i
Applicants requesting permits. for Ordinary
and
Maintenance of a-Landmark Site.or Repair n
a Landmark District ., ProPetty,located within within.a- Historic ' Historic: Site or..property. locatedtrict,_sha-ll.submit their requests
fp i
to the Preservation Planner(s). Such applications may
be apphe rovedby.the Preservation Planner(s) provided:
meeeet t PPlieablep Searetaryt,of Interior and additional
criteria-eattortb- herein: _-_
Those• activities.-which constitute ordinary-maintenance include -but- are--not ;.estriceo e� and
1. - -s'epair`using .the, same _
. -- :material _and design as, the
•
-original;
-
- - 2. reroofing,- using- __the-- name . type and style of.
,;;.material;-.and... _., . _
3• repair- of sidewalks and driv4vayg using the_.ease;
ame er -e +�.... c s-as.er- the pro a-zy for _
To the `rush* ':., ;= -
be extent-the- activity *meads the above governed by the applicablegeneral- . it shall
criteria, -as-required herein,-and shall e are reviewed
receive--a final decision by the Board under those stated
•
•
criteria. • Changes,to paint- and.material:color shall_not
require a permit. -. _
A clear'photograph.of the Building,.-site-or-Structure -to
. -a._brief- description of the intended work,
and samples--of• -re lacement
comparison-with the existing Buildinials ,.or paint -for:
be furnished-with--the application. . g' or Structure must
(m) Demol t_t 0..,E _
No Structure within a District or on a Site shall be
demolished without first applying for and receiving a New
Construction permit simultaneous with a Demolition
Permit
from the Board unless waived by the Board upon
cause showing that such requirement would be a
or result asubstantial unduly harsh
good
•
r
owner/applicants A showing of hardship to the
good
but not be limited to, evidence cause may include,the owner/applicant
•
cannot comply with the simultaneous
Permit requirement
due to advanced age, infirmity,debilitating a P ;or fi
ndica Physical or other
nancial...inability to comply
with
this
nas requirement , In considering whether to grant
a
a Conservatfonpermit
S to for a Historic Site or District or
:following s , the Board shall be guided by the
request: pacific criteria in considering such a
(1)•
�iID1iltaneo_n`s,�r�cYuanc o p�r.,,,�*
•
. a. Prior to or simultaneous with consideration of a
Demolition permit by the Board,, the-applicant must
seek and obtain Board.-approval-
Construction, as set forth herein of n plans for--.New
the Board as hereinabOVe-set -fo ' Suunless waived by - .
• -.: New Cotistruoa., shall be; nth. : ,Such.plans for
--t'` which shall include_, Provided to the Board, .
process- conce tbut shallsnot be restricted to:
• plans,, concept, preliminary;►felmvatipns,,,and...S-
Pla s,"arid
ce pheted working;, wings,fot at. i�t
1 too -receive a Plan which will arable the applicant
---
toApplicantspermit for -foundation cons-that.JYs;received, a. fiction.. -.,..
Demolition j4'7 _peimit i rendation,lor
Demolition �acto., raca v
_ _. ... o wit-Vifhout ad s.,such
nkt�molitipn,�f411owioiial -Eoard- action,-
_41-, Permit:for-Norm,Construct tie,,Board's•r-Demolition
:a-
a New Cone n�=Plrmits•for-volition
truction shall.be issued simultaneously
if requirement a of grant for New Construction are
met, and - applicant
satisfactory _financial Provides;--to .tba Board,
_ com late. proof ,� Y
co ndee.-t e: pcsdect t i. ch -,f kal,sprit
oitfi.$n the;prooedur ._
.. 1
•
- _ - --Certificate'of"Econoaic-Hardship). _
c• -when the Board recommends approval
a Resource, a permit shall t b issued until n aof
ll
plans for the Site have received approval until all
" '' appropriate City boards, commissin de Eros all
and agencies. departments
•
(2) Guidet inrai.,_ �.._-uatinv Ampt i a• i -
The Board, upon a permit application for Demolition,
'Shall" consider the following_ specific guidelines in
evaluating such applications;
4-=7. Whether the Structure is of such interest or
qu
that it would reasonably fulfill criteriaalit
designation for listing on the National
Register.
b. Whether .
hftsmanshie Structure is_ of such -design,
reproducedrtn craftsmanship
material ' that it could be
economically non viable expewith nset difficulty or
c. ' Whether.the Structure is one of the last remaining
d•- --examples of its kind within the City.
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
•
importance and value ofaanunderstanding of the
heritage. particular culture and
e• Whether the permit a
simultaneous New Constrpucti pion plans for the
Demolition permit is (if the proposed
with its surroundin anted) will be compatible
Construction specific criteria(as e set forth fined in ithe New ordinance) . And, if so, what Effect those plans
thislans
will have on the character of the surrounding Sites
or District. P
f• Whether the granting of the
ol
result in an irreparable loss
totion peCmi would
significant Resource. the Cityy of a a
(3) Ett€sItive Date of jampaitim2223nit
The Board may grant a Demolition
for a delayed effective date. permit which may provide
Permit will be determined by The effective date the
relative significance of the Structure
Board based onn the
time re iced and the probable
Demolition. to arrange a possible alternative
The Board may delay the to
of
Demolition of
Landmark Sites or Structures within a
for up to six (6) months, Landmark District
Historic Sitesdelay the Demolition of
up to or Structures within Historic Districts,
for
Sites may months, and Demolition of
(45) days. be delayed for up to forty-five
(4) Demolition D tl
During the Demolition delay period,
such steps as it deems the Board may take
Structure concerned. necessary to preserve
limited to, consultation wittehp include,stepsthe
agencies and but are not
acquisition a of interest citizens, recommeenoduations�for
agencies, and exploration of the or private bodies,eor
one or more Structures or other fee .
possibility of moving
-„
r
•
(5) Salvace and p*'•servation of i*a
The City Commission upon recommendation
require that the owner, at Ci by the Board and
preserve specified classes of expense,
ildin salvage a�
• architectural details and ornaments, fixturesaand materials,
like for reuse in the restoration of other historic
properties as a condition precedent to permit issuance.
(n) llechanirat s.._r_
ms
In considering whether to grant application regarding a Mechanical Systemp on rovaa Laof an
ndmark
or Historic Site or within such District, the Planner or
the Board shall be guided by the following specific
criteria:
(1) Retain and repair, where
Mechanical System features; in possible, orsgoric
their or
location, where possible. iginal
(2) New Mechanical Systems shall be placed on Secondary
Facades only and shall not be placed-on nor be
visible from, Primary Facades.
(3) New Mechanical Systems shall not damage, destroy or
compromise the integrity of the physical Structure
and shall be installed so as to cause the least
damage, invasion or visual obstruction to the
Structure's building materials; or to
significant historic, cultural or architectural
features.
(o) Reloca i o.,
In considering whether to grant approval
application for a permit to relocate a Buidin of an
Structure designated Landmark or Historic Site or lSite or
ocated
in such District, the Board shall be guided by the
following specific criteria:
(1) The historic character and aesthetic interest the
Building, Structure or Site contributes to its
present setting;
(2) Whether there are definite plans for the area to be
vacated and what the effect of those plans on the
character of the surrounding area will be;
(3) Wwithout
hether the Building, Structure or Site can be moved
integrity Significant damage to its physical
(4) Whether the proposed relocation area is compatible
• with the historical, cultural, and architectural
character of the Building, Site or Structure;
(5) Every effort should be made to consider Relocation
within the same District or within another District
which has compatible historic, aesthetic, cultural,
or design qualities with the relocated Structure;
and
(6) Prior to installation
especially if in its new location,
achieve Relocation,the
S lecture was dismantled to
own
Stabilization measures rem shall undertake
condition of quired by the Board as a
Relocation. its approval of an application for
c..1
•
Section 13: Procedure for Review and Final Decisions on Permit
Applications
(a) A2Drova7 Porme
Requests for permit approval of actions affecting Sites
or Districts shall be made only on application forms
provided by the Board. Submittal of appropriate Site
Plans,di drawings, photographs, sketches, descriptions,
renderings, documents or other information needed to
provide the Preservation Planner(s) and the Board with
a clear understanding of the applicant's proposed action.
(b) Determ{nat{on of Tvne of l►r}{.,
•
The Preservation Planner(s) shall review all applications
for permits affecting Sites or Districts to determine
whether an application is complete for review by the
Board (or may be approved by the Preservation
•
if it is for Ordinary Re air and Planner(s)Mai Stabilization, non-Effect minor ntenance, emergnon-
. o -
) •
Effect Mechanical SystemsAlteratec or e
Planner(s)•
•
may appealedAny final decisions by the
consideration. to the Board for re-
Each application that must be reviewed
by the Board, and any appeals from the. decision of the
Preservation Planner(s), shall be
of a Preservation Board meeting which will be held within
forty-five (45) working
application. Notice t Interest d receipt of a of they
publication, shall and by
time, Precede the hearing. Notice of the
place and subject matter of the hearing shall be
published in a newspaper of general circulation in the
City not less than seven (7) days before the meeting..
-
All applications shall be accompanied by a plan or
drawing with specifications depicting the proposed
action.
(c) $eserya {ten Boar
d De {c{n•. far L.� }{r+wc
•
•
•Each application for permit for Board a roval shall be
•
' placed on the agenda of a Board meeting which will be
held within forty-five (45) working days from the receipt
of the completed application by the Planner(s) . The
Board shall issue a written decision within five
working days after the Board meeting. (5)
} The applicant shall have the burden of provi Permit sought is consistent with the Comprehensietplan
•
and, further, complies in every respect with all
. applicant shalluirements of this ordinance. If the
substantiallican allprove
the above, based upon competent,
Board to evidence, the burden shall then shift to the
prove, by competent, substantial evidence, to
for be set forth• in its written'findings of fact and reasons
accomplishesdenialor vmi modified approval,
proval, that its decision
not arbitrary, discriminatory,
and is, thereore,
the Board prove the above, the t' or aupplicant's
rem. Shouldshal
be to file an applicatio for Certificate of Economic
Hardship, pursuant to the procedures Set forth in this
ordinance, and prove, by competent, substantial evidence,
an Economic Hardship. ',Competent, substantial evidence',
shall be as defined in then-controlling Florida and
• federal caselaw.
(d) hdrawau and Re +bmial a �•. +i
The applicant may withdraw the application before the
Board makes its decision, and may resubmit it at a later
ofminformation or fornal eris searcchhi for the
Such withdrawal byrequired by preparation
the applicant shall suspend and cancel
• , y
the running of the forty-five (45) working day period
within which the Board is required to make its
recommendation. Upon date of resubmission
application, the Board shall of the
within forty-five (45) working makes o erecommendatiof
f refiling of such application. the date of
(e) Notice of ^ieion: Actjp ti.., th
Upon receipt of the decision of the Board, the Planner(s)
shall notify the applicant within the five (5) working
•
days from receipt of the decision that his application
has been approved, conditionally approved or denied. The
Building Official shall also be notified, if their action
. is required.
(f) Exemptions• Tnte, in..
All interiors of Structures, Buildings and A
within a Site or District are exemptAppurtenances,
from
requirements of this ordinance unless such interiors have
been inventoried and included on the survey, are open and
accessible to the public and, further, have been
specifically designated as part of a designated Site or
District under this ordinance.
Section 14: Appeal of Permit Decisions
•
(a) Any Interested Party dissatisfied with the action of the
Board relating to issuance or denial of a permit
affecting a Site or a Building, Structure, or Site or in
a District may file a written appeal to
Commission, with the Planner(s) , within thirtythe daysCa
after receipt of notification of such action or, in te
alternative, request that the Planner seek waiver of the
appeal process to the City Commission; such waiver to be
granted or denied by the Mayor. Should the Mayor
the waiver, the Interested Partyy grant
the Certificate of Economic Hardship immediately. commence
Mayor denies the waiver, the Interes
ted ed e Party If all
adhere to the appeals process otherwise set forth herein.
No permit shall be issued pending the waiver decision by
the Mayor, or the appeal decision by the City Commission.
(b) Upon receipt of the written appeal, the City Commission
shall place the matter on the Commission's agenda within
forty-five (45) working days. In consideration of the
•
appeal, the Commission shall be required to a
applicable standards and criteria as set forth
the.
The Commission shall issue itsn sio herein.
five (5) working days after its meeting and shall nodecision tify
the appealing party within such time period.
(c) Thereafter, if a decision to allow issuance is upheld b
the Commission, an Interested Party opposing
issuance shall give Notice to the a ycr such
mail, of its intention to appeal the decision by certified
(10) days of the Commission's formal decision.
applicant may then elect to file an application fora
Certificate of Economic Hardship, within thirty (30) days
thereafter.
(d) Should applicant so commence the Certificate of Economic
Hardship process, no Interested Part
appeal of the permit issuance y may commence an
pendency of the Certificate decision purtng the
Process, but may p the hearings and appellatearticipate
in i Should theCertificated be hearings on the same.
Interested Party may appeal granted- to
decision applicant, they
Commission upon the same procedure the City
requirements as set forth herein for a and timing
Permit decision.
fit✓
(e) Should the City Commission affirm
a Certificate, an Interested Party ° Board's grant of
permit and the Certificate to th mst appeal both thet
Court simultaneously within appropriate Circut
Certificate affirmation by the thirty
and give of
applicant Notice of the filing of the appeal the
mail. No permit or Certificate shall issd certifiednr
action taken thereunder, during the nor
appeal except by Circuit Court Order topai ow same. .any
(f) An applicant whose denial of a
Permit by the Board is
affirmed (or the review of the
as hereinabove provided) bypermitCity denial is waived
the Commission shall not
be entitled to appeal
until applicant allt haotvhe applicable Circuit Court
e austed the remedies
providing through the Certificate of Economic Hardship
•
procedure and appeal thereof to the City Commission,
should the Board deny granting a Certificate:
•
denial by the Board of both a After
and the affirmation by the City permit and
of eat, tin
turn, the applicant ' must appeal
simultaneously to the applicable ircuitb Court oth denials
thirty (30) days of the City Commissions affirmation of
the denial of the Certificate, or the decisions as to
both permit and Certificate shall be deemed final. No
permit or Certificate shall be issued, -nor any action be
taken thereunder, during the pendency of any appeal
•
except by Circuit Court Order to allow same.
(g) Reaoolication for Perms
In the case of disapproval of an application by the
•
Board, an identical application shall not be resubmitted
•
for consideration until one (1) year has elapsed from the
date of denial.
(h) Review of vi
inr i zta S i t sc •+ Prune,-�1
•
The City shall
nomic Hard to she i
permit application and
•
Certificate of Eco
applicant. Appeal of anyP procedures as any other
however, shall require a vote of a simple al action of the Board,
majority of the
ity
Cntyres Commission
isionParties to
overturn
the Boards decision.
the same procedure as fory panylother permit granted with
. applicant.
fiegIl4.0_1.: Application Process for Certificate of Economic
Hardship
(a) aDDlicati.... sore
Application for Certificate• of Economic Hardship shall
be made on a form prepared by the Board only after an
applicant has been denied a permit.-by the Board and the
. City Commission has affirmed (except in the case of a
request for Demolition of a Landmark Site or a Landmark-
designated Structure within a Landmark District
Board shall schedule
application no less than sixty�lic hearing concerning
receipt of the completed a (60) working days from the
in the same manner as for a placation and provide Notice
andany person may testify apermit under this ordinance,
• economic hardship, and/or at the hearing concerning
thereto. provide documentation related
The Board may solicit expert testimony or re
ire that
the applicant for a Certificate of Economic Hardship make
submissions concerningany or all of s
application: before makes a determination followingo h
(1) Estimate the cost of the proposed action and
an
estimate of any additional cost that would be
incurred to comply with the recommendations of the
Board for changes necessary for the issuance of a
_ Certificate of_Economic
Hardship; ,
(Z T A-rel3oz't from a licensed _..
'experience' in .rehabilitation as_to the inier Or architect
with
• -. _` '`aoun s cof any Str�tures on the rturnd
. their suitability for'Vdhabilitation; Property and
current Estimated market-' ►alue 'of''}he property
_ condition; after completion of the in- -itse
•
action;:after any chain-get recommended Proposed
•
- . ''ad, in the -case-of• a'proposed-Demolition,the Board; 77.
Renovatitrn of the existing property for continued
use.
•
(4) - In the case of a proposed Demolition, an estimate
from aril' ;,architect :
consultant i developer, -real- estate. __
professional appraiser or other real estate
_.. economic experienced in Rehabilitation as to the
,feasibility-of Rehabilitation or reuse of
the existing Structure on the property. -
- (5) 'If the--, � -=.:.�_, •;._ - _. - -
PrapertY--isKincome-
gross income from the Producing, the annual
years; itemized operatingp property
for maintenance previous es
for the previous two depreciations
deduction and annual cash flow before and and fter debt
service, if any, during the same period;
•
(6) Remaining balance on any bonafide mortgage or other
financing secured by the property and annual debt :.
service, if any for the previous two years;
•
-
(7) All appraisals obtained within the
•
years by the owner or applicantprevious two
the purchase, financing,. r in connection with •
property; _. -. - , or ownership of the _
(8) • Any listing of the
asked and offers received for sale or rent, price
previous two years;-
if any, within the
(9) Assessed value of the property according to the two- :--
most recent,'assessments; -
•
(10) Real•-estata taxes for the-previous two years;
(11) Form of ownership or operation of the property
whether
profit co proprietorship, for-profit or not- "
rporation:' limited partnership,
venture, or Other. -
P, •joint•'.
• (12)• Any other---.
"'information-1- necessary to •
determination'as•to whether the pro make- a
or may yield a reasonable use or Economic Return to
; the petty does yield
ovners::c L•_..
(b) Determa++a+ion f r. .:. _,.: -
0710mi�'$ardil.� „ - - -•
The Board shall revie*:ally presented•cet she 'fie• viaence.einit'information
presented
" Cie ISUBlic'lie-arinc ==and°-acquired'"o!'en --
Ytiti—o te',of Ecbn iziic'Ha'rdshi
a determination within thirty (30) days after the
hearing. The applicantP and make -
hearingnt, subsaicl evhas t e :burden of public
g by
competent,
has caused or -that. _ proving
permitwill cause'an Unreasonable denial
Economic
Hardship to the owner of the property- , Written notice
of the determination'sfiial1-be provided iii' e r same'manner-"'
as required in connection with the permit process
hereunder.
Should the Board determine that the applicant
an Unreasonable Economic Hardship, has proven
whether other relief is available hich will not it must r
•
in an Unreasonable Economic Hardship and result
least Adverse Effect to the Site, or provide the
historic, architectural or cultural features of thesigni Site.
If found, the Board may grant this relief, or grant Site.
•
•
requested relief with appropriate conditions ait the
thereto so as to insure the least possible Adverse
which does not result in an Unreasonable 8e Effect
• Hardship. Such other Econothe
requested relief, may include, or conditions to the
property tax relief, loans or but not be limited owner
•
to first market and offer grants, requiring the owner•
market price with appropriatethe Site for sale for a fair
for a period of tim o to exceedSe6svation protections
of time to be set bymonths (the length
•
frtcme to setarc hhe Board
based upon review of the
importance, as established by cultural or historic
designation criteria set forth the Survey and under the
by a third part - for a fair market r vve), acquisition.•
eminent domain and fair compensionfor same taking b
and zoning code. modifications . building•
development rights, relaxation of grantp of transferableions of this ordinance, waiver of the New Construction ssimultanous
Permit requirement (in the case of a C
•
Demolition) recommendation to the certificate for a
•
of the applicable Board fees Mayor that some or all
relief as appropriate. be waived, or such other
If, after full consideration of
•
relief, the Board shall determine that
other possible
Economic Hardship shall result unless that Unreasonable
sought is granted, then the Board shall he specific relief
Promptly grant
a Certificate for such relief.•
prevent the Board from re This shall not, however,
issuance of a simultaneous
the application for and
dConstruction (unless waive b it or Certificate for New
of a request for Demolition, nor the Board)Prevent th, in the case
•
imposing salvage or mitigation re e Board from
under the permitting requirements as set forth
ents for Demolition herein.
(c) Aonea l of D •+'al or r
rant f tee ,f`•
Any Interested Party, -
Board's decision as to or applicant, may appeal thereafter to the a the Certificate to the City, the
with thet appealsapplicable Circuit Court, nce
of a Board decisionprocedure for provided herein inor° rdance
(d) permit. appeals •
0
yactio_ n pn
•
. No Certificate for Demolition shall
Board has simultaneous) issued until thet
or Certificate application reviewed nfor New Constructed a permit
waived such requirement, as traction, or hast
procedure section herein. Provided in the
Permit
Both Demolition
B Demolition
shall and New Construction
Certificates and only upon reasonable issued simultaneouslyP or erminot s aor
t
allto complete the proof of finanial ability
the securitiesmpt set project (such financial proof may
forth in Subsection F. here Y require
inbelow).
r+ I
(e) Nevotiations inr to Certi*ir•a�_ _
Bearing xara►,i..
(1) Nevoti�tio to Prevent .+__-,,
Cer i f�i ate e " r
•
During the sixty (60) working day period .between
. . completion of the -Certificate application and the
Board's public hearing the property owner shall
- 4,=-:discuss_ the. proposed-Demolition- or other action
- requiring a Certificate of Economic Hardship with
:-the Preservation-•Planner(s), other. City officials
and local preservation organizations to see if en
accepta5le alternative can.:be found before a formal
Consideration of the application by the Board which
may include conditions requiring the applicant to
. employ - such _acceptable : alternatives.Preservation Plannerts) shall. The
the Board analyzing •-alternatives toetherprort tod
action, and request from other City departments oragencies_information necessary__for the preparation
• of this-report. •:-Opon the concurrence of the Mayor-
that the -property- poses... a clear hazard;- the Building--•official shallli issue safetyc. a
Demolition permit without waiting sixty (60) working
-_, days of--investigating-alternatives to Demolition,
•
•
providing applicant complies with the documentation
and other mitigation requirements set forth herein.
Notwithstanding the foregoing, if the Board finds
Demolition By Neglect (and no Certificate issued has
the effect of excusing such Demolition By Neglect)
•
it may impose penalties upon the •applicant, as
•
provided in this ordinance. .
(2) alternative to Demolitinn r
unsi
-
The application •for a Certificate of
nomic
this
Hardship shall be considered withdrawn if, within
ollowin y (60) working -day period, any of the
g three (3) events occur:
- a• The owner signs a contract to sell the pro
to a worthy buyer,:preservation of credit Y requiring the
- b. A binding contract ie s signedgnrty�
or an Interested Pa oy the owner, City
r Structure to a location ay nd •in oa tmannner
acceptable to the Board; or
;�c6,. The _ City - of . West- Palm Beach initiates
condemnation of the property for the purpose
of preserving the property.
The Board may continue the hearing from month: to
month for up to six •(6)-months. If,:at the end of
six (6)— months, none of the_•events• have been
• • completed,- -the applicant-shall be.- entitled to -a
hearing.
•
(3) --•dieeotiation to p,.
!gent'as129 i
: If within the sixty (60) working the three (3) events stated day period none.d
or occurred,' the *Ch* lea earinced,
the Ceurred, te.-s oar shall schedule a blaring on
the Cer d icameeti pplthati fl.at-_its next,_regularly
�: sched (, ng`following. the-•expfration•-of- the
• written 0) -Wo ki w�day period, and shall make its
wttthe decision
thin five (5) working days after
• hearingquest for Certificate._..
(f) Procedure for emotitt„ ..
or l;anama�y sate
�1ses er n
-r. . :c- .-nay: -..-{-J-- v- .-.?c.
•
(1) The City hereby declaresof
Landmark Site or of a Landma thattructures Demolition
a
Landmark District constitutes an irreparable
a_ .
•
to the quality and parable loss
residents of the Cityharater of the City and to the
with the Comprehensiv Plan.further,and, is inconsistentamatter
of public policy, no Therefore, as a alttee
issued for the same.Permit for Demolition shall be
Demolition permit may, therefore, bypassapplicant for a Landmark
and appeal procedure, so as to spare' ypass the permit
•
•
the time and expense of the such process,
yet
still afford the applicant permitting process, yet
process of
Notice, public hearing, and the right to
refute evidence as to the decision to present and
a Certificate, by applying to the Board directly for
a Certificate of Economic Hardship.
(2) Should a Certificate for Demolition be approved, it
•
shall not be issued until a permit, or Certificate,
for New Construction has reviewed and approved bybeen simultaneously
the permittings the Board, easr provided h
process section herein. Both
Demolition and New Construction permits, or
Certificates, shall be issued simultaneously or not .
at all, and only upon reasonable
• applicant's financial ability to timely commence and
complete the proposed
review of same, project. The Board may,
for the require additional financial backing
of credit,
project such as g a letter
payment or poster
of a binding commitment loan letter fance rom a or d solvent
institutional lending institution
•
shall make such financial backingand condthe Board
precedent to issuance of the simultaneous stNew
Construction and Demolition permits.
Sec ion 2z: Standards for Board Rulings
In reviewing an application for an
its or
Certificates, the Board shall be aware of of the above
a way to meet the current needs of the the importance of findind
shall also recognize the importance of property
plans that will be reasonable for the er. The Board
Any conditions or re Property owner recommendingo approval of
An the permit or Certificate
imposed shall be reasonablyrelatedt
to the nt, ertificate sought or actually receive by th
•
Auttim_ig. Enforcement and Penalties
The following civil and criminal
those persons, firms or corporations penaltiesh orthe
property). may be imposed u
•
affected
p contained oundinto have- violated owners ui not, of for
prohibitions to the Citythis ordinance. retirements the' or
Boardadance with Attorney or the appropriate City official
bya n
enforcement of City ordinances.
plicable rules and procedures ltor
(a) Civti p�na i
(1) Any person who undertakes
Relocation, Stabilization,Construction, Alteration,
ROrdinary Repairs and Maintenance Mechanical Systems,
any Resource in violation of or Demolition of
•
causes any Resource tothis ordinance or who
Alteration, be affected by Construction,
ytms Relocation, Stabilization, Mechanical
Demolition Ordinary Repairs and Maintenance, or
in violation of this ordinance shall be
required to fully restore the
to Resource
apappear nc
ae or setting prior to the violation. my
enforce this provision shall be brought
-; r
_,:. .-by the City or may be brought as provided in
.. Subsection C hereinbelow. . The civil remedy
_,.- anbe in addition to, and not in lieu of, criminal
shall
prosecution-and Penalty. - - • Y iminal
(2) .. In addition to; -or in
•
hereinabove, -the a li lieu "o! subsection 1
entitled tossuancep of any shall not be
•. •
Pits for the subject-property;building or other
of a-permit to dully restore the Resourch the e�cas exception
•
and afterve the date'periodof of three (3) years from
•In addition —the applicant/owner h unpermitted activity.
---�.^entitled -to have_ issoplica shall not bey
` 'i''City--office, -a permit" allowing anyt/owner by any
subject property for a any curb cuts on
•
from and after the date of three (3) years
- activity, •.. _. ,:, 1,_._ date of such unpermitted
•
(b) Criminal P malty •
Any person or-legal entity-who undertakes Construction,
Alteration,•- Relocation,`•= Stabilization
Systems, Ordinary Repairs and Maintenance nor-Mechanical
Systems,of any Resource in violation of this ordinancem or Demolition
causes- any -Resource—to--be affected by Construction,
Alteration, ",':Relocation;—"1—Stabilization, Mechanical
•
• Systems, Ordinary, Repairs and Maintenance or
volition
in violation of this ordinance shall be
lty of a
misdemeanor in the second degree and each shall ibe deemed
guilty of a separate violation for each day during which
any violation hereof is committed.
violation shall be deemed to occur u A separate such
p the prior to which the resource shall have been irestored ato
its appearance or.settin
•
conviction, each violation shall be rior to the violation. fUpon -
ine
•
•
•
not to exceed two hundred fiftypunishable by a fine
each day of violation, up to th statutory($250.00),mitt per
effect. ry limit then in
(c) Action to Enforce by T.,te te
•
d Part.,
•
Should the City fail-or-refuse to enforce the
of this ordinance, any Interested Party undertake
to
do so, at its sole cost. Notwithstandigmay undertake to
however, such action to enforce shall not beeutilizednto
circumvent the permit or Certificate
procedures appealsfor procedures, and
ordinance. - The thereafter, -as -set forth in this
whether the lactaspropriate r ltin Circuit Court shall determine
an Interested Partygin such party being deemed
' applicable hereunder shall be adequate to meet
standing requirements.
sec io�2: Demolition _
R eglect - Minimum Maintenance ,-
s
(a) Any Structureequirement"' .. .
which -is a Site-and all Structures-vjthin
a District shall be
a Dist� or Preserved-b i"the ��.• or such other
control thereof against decayhave the legal custody or
from unreasonable•structura defdedeterioration ider- and free
the protedtive Iaintenance oe- ord�rAl insure
and $tructures'vit} the`Sfrurt� Ali'�§ices
accordance with" in• Dlbttidts shall''b'e sai,ntainedafl
g�i _ the standards 'ef the`City's-buildin and
Routic Code The oW er• tit of%er
'd it is ndou d tro thereof shall repairp n suchi esouurrce
defects: ;- . . have one or more of the following
(1) Deterioration to the ,.
Permits a hazardous extent that it creates or
unsafe condition as
determined by the Building Official.
as
(2) Official, of a,Building determined by
the one orlmore
of the following: re
a. Those Buildings which have parts thereof which
are so attached that they may fall and injure
— persons or property;
b. Deteriorated or inadequate foundations;
•
C. Defective or deteriorated floor supports or
floor supports insufficient to
loads with safety; carry imposed
•
d. Members of walls or other vertical supports
that split, lean, list or buckle due to
defective material, workmanship or
deterioration;
•
e• !!embers of walls or other vertical supports
that are insufficient to carry imposed loads
• with safety;
f. Members of ceilings, roofs, ceiling and roof
•
supports or other horizontal members which sag,
split or buckle due to defective material,
workmanship or deterioration;
g. Members of ceilings, roofs, ceiling and rood
supports or other horizontal members that are
insufficient to carry imposed loads with
safety;
h. Fireplaces or chimneys which list, bulge, or
settle due to defective material, workmanship
or deterioration; or
i• Any fault, defect or condition in the building
which renders the same structurally unsafe or
•
•
not properly watertight.
(b) If the Board makes a preliminary Demolition By Neglect, it shall recmmend determination
Building
•
Official to notify the owner or owners of the Structure
of this preliminary determination, stating the reasons
therefore, and shall give the owner of record thirty (30)
days from the date of mailing
posting thereof on the of such notice or the
•
to commence work to correct t specificcf comes later,
required by the Building Officiate defects as
•
• Said notice shall be given as follows:
(1) By certified mail, restricted delivery,
the record owner or owners as listed on mtheeCity
and/or county tax rolls; or
(2) If the above mailing procedure is not successful,
notice shall be posted in a conspicuous, protected
place on the Structure.
(c) If the owner or owners fail to commence work within the
time allotted as evidenced by a building permit, the Code
Enforcement Board shall notify the owner or owners in the
manner provided above to appear before the Code Enforcement Board at aa public hearing
place to be specified in said notice, hie time
be
mailed or posted at least
hearing. For the purpose of thirty
days beforei saida hearing may be continued to a new data lawful notice, e Code Enforcement Board, with and time. The
Board, shall receive evidence on thereu ether the
subject Resource should be repaired, whether it is
. capable of being repaired,
presentab evidenceg P , and the owner or owners may
alternative, in rebuttal thereto.
a Certificae theo owner Economic owners may elect to apply n for
application hardshiipp, in which ase thfoe
Certificate�shallcinstead be followed. case the
Procedures for a
I! alter either such hears
taking into- Consideration the-Bow's recommendations,
shall wake a determinatiori• or-a Demolition By--NegleCt
(and no Certificate is required to be issued which has
the effect_of -excusing such Demolition By Neglect) , it
• may direct the Building Official to bring suit against
the owner or-owners if the necessary repairs -are not
completed within ninety' (gp) days of the determination
by the Code Enforcement Board that the subject Building
or Structure'is-being damolished -by_neglect to enjoin the
owners to inforce the' kequi ite repairs. In the
alternative;. the—ode.: Enforcement Board may effect
necessary-repairs -and-Hen the property for the cost of
same or, if the Structure is in an immediate
threat
- public safety,.. due=to -findings, of A.1. and/or
A.2.
hereinabove;the Building Official may have the
demolished-(without having to meet the simultaneous New
Construction pewit requirements herein).
Board of adjustment and Appeals may The Building
decision by the Building Official affirm
f or reverse any
-- =applicable' City code•'-sections. thed to it under
=_ -
e
such
failure by 'the owner or owners to correct the Demolition
By Neglect shall•-be deemed a-Demolition without requisite
Permitting and the penalties provided by this ordinance
may be imposed an the owner or
•
such the property-(provided no Certificate is issued excusingto
.-...-
owners solitinotB be retitled Specifically,Y. the owner ud nor
g
a permit for New Construction), Y permits (including
restore the- Structure, and shall ot exbepentitled do any
•
Permits for curb. cuts, with respect a period of three (3) years to the property for
unpermitted activity. from and after the
&ection 2: Severability
)n=.
The requirements and provisions of
separable. If any article, section, this ordinance are
thereof, be declared by a paragraph, sentence orportion h , invalid orf redany cow of competent e
affectid, the lri inoperative, the decision of the court shall onot
ar ec y or applicability of the ordinance as a whole
any part thereof other than the part held void, invalid or
otherwise inoperative.
�ti=n -2_: Conflicting - _
a31T ,--dment or Repeal of this
Ordinance
•
All. ordinances and parts of ordinances in conflict herewith
are hereby repealed or if enacted snbse
apply to Resources �Nentl
• ppthstandin determined herein to be governed
not-to
Notwithstanding t Districtg theiforegoing, however, uch t ed hereby.
designated under the until. suoh` time as each
is specifically re-designated predecessor this "ordinance
designation has resulted in a determinatione not e-designate)
by ordinance� be desi opportunity for re-
byo rdinan, .to be mentgted.under this ordinance, the provisions,
procedure!,
remain in requirements, and standards contained therein
shallDistricts designated anti effect as to- those Sites or
foto
r
re idesignation. - •pponoe e der i d not under pending Board review
re-designate, after oppo nigtnation or determination not •
en
provided rthe `
of all=previ al ay !tit re-d-end.Di tr. cts,: the
predecessor to y des3gnh'ted= Sites'-and •flistricts� -the
predecessor-to this7ordinanoe=-shal.',beoVe ,__
shallr
to liken seupon• any Sites,' ar Districts-tiled withoutsignated
be repealed and of- no f Previously designated urther force and effect.-
Upon
recommendation of- : --; .c ., •Interested Party, the Board, and after Notice to any
Interes ed public hearing,-.- the` City
Pmovdded su add or-repeal all or•an Commission may
ch •amendment, deletion Y portion of fs' d inenct.
�Cddi�tron"or •rEpeal' "gees not
relate to density,
and approval bye or use of the affected properties, the review
shall not be requiredpartment of Planning, Zoning and Building
Section 2 : Effective Date
. This ordinance shall become effective accordance with law.
• FIRST READING THIDAY OF
.SECOND READING THIS DAY OF'� I I
1995.
1995.
••
(CORPORATE SEAL)
CITY OF WEST PALM BEACH
BY I CITY COMMISSION
IDI G OFF CER
A ST:
CITY CLERK •
Amoroned as to form
and sufficarelcy
thrum
I.
•
•
•
• > > •