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HPB 01-17-18 c`'`-4 o„' AGENDA = HISTORIC PRESERVATION BOARD � V <•4r a'fr! Meeting Date: January 17, 2018 Time: 6:00 P.M. Type of Meeting: Regular Meeting Location: City Commission Chambers, City Hall, 100 NW 1st Avenue I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES— Minutes of 12/06/17 V. SWEARING IN OF THE PUBLIC VI. COMMENTS FROM THE PUBLIC (NOTE: Comments on items that are NOT on the Agenda will be taken immediately prior to Public Hearing Items.) Speakers will be limited to 3 minutes. VII. ACTION ITEMS A. Certificate of Appropriateness (2017-278): Consideration of architectural elevation changes to an existing historic structure. Address: 232 SE 7th Avenue, Marina Historic District Applicant/Property Owner: Roger Cousins Agent: Roger Cope, Cope Architects, Inc.; copearchitectsinc@gmail.com VIII. DISCUSSION ITEMS A. Conceptual Review—Old School Square Signage - Master Plan Address: 51 North Swinton Avenue, Old School Square Historic District Applicant/Property Owner: Old School Square, LLC/City of Delray Beach Community Redevelopment Agency/City of Delray Beach Discussion regarding proposed signage associated with the master plan for the Old School Square site and the Old School Square Park Note: This review is non-binding and no action shall be taken by the Board nor shall there be any written report resulting from discussions at the meeting which may be construed to be preliminary approval of the development concept. B. Draft Historic Preservation Ordinances Discussion regarding historic preservation ordinances recommended by the Historic Preservation Task Force IX. REPORTS AND COMMENTS ❖ Staff ❖ Board Members Historic Preservation Board Meeting Agenda: January 17, 2018 Page 2 of 2 X. ADJOURN 4/Lir h 1-11/1144--,. Michelle Hoyland Principal Planner; HPB Board Liaison Posted on: January 9, 2018 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate 1, in and enjoy the benefits of a service,program.or activity conducted by the City.Please contact the City Manager at 243-7010 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission i Chambers.If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made.Such record includes the testimony and evidence upon which the appeal is to be based.The City does not provide or prepare such record.Two or more City Commissioners may be in attendance. PEI �; t3 /- / 7- /8 ' /(414-/lEci od-p -a icr4_ Zet_ 1A(4.1:th / CkAUL.4-15 5'e /gal-AL " /70/1 - 13 )- IF 7 - AL- eicioca / -cat `k/0_41 /4.10 /2cac-4 / 7 -- 67-7 r- - Y i AJrx_-/- le IL_ vl. Pi ccc l- ` o;e1 7 -- te.zorc.,,f__ f "f7/014- - ___ ` //0 l jaCCeLia,Ji_d LY71-e6 ________ (___-A, 0,0,2-Ld _il 4,--,e_ ) 5,..c-ria.A__ 1/9- 6,),6_,_ Po,_, ,..e.cdc.x_s xi _ cc, c - 4c4t__ j5'.1-4-d4-t.T - gailmify- SE.k.c),(2__ /tio ?icyckti 0 , ?P — b4-)i n delJ 14004. 4-/G 1 4 C,4_c4 (21ccem-7, ,,a • l fi„,c,f_ C On 30S? 674- t7'c /- /c S 8 — i ,n. v 'dc) Ala — cs /h-er(. l�c9-�C Alo f,efi.- — 14 — 4Jccc/ yr— Lii — fat - ( — �o ` Ztj ? JL l ? - -L 3Sucel �. (Sr 0.4_64( $4-4, 3170144,L4y1,-4g,<_(---- WA,i « Ptuazzka-2 L J.u.46/1°;76-x 61,LY. (iY--kox7 frAtt.ik-EA �• Cvnvrtnc. cIll�-x-�✓�so AcA-4-14/75)'44-- S. /- 6Ze'«rcc,c L 6. &-Nk ri -K it) p/ec( L .1110.111 ( 911.3. ) Afo (1%.LV p : • • MINUTES HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH MEETING DATE: January 17, 2018 MEETING PLACE: Commission Chambers, City Hall I. CALL The meeting was called to order by HPB Chair John Miller at 6:02 P.M. II. ROLL A quorum was present. Members present were John Miller, Chairman, Price Patton, Angela Budano, Bill Bathurst, John Klein, Andrea Sherman and Andrea Harden. Absent: None. Staff present were Lynn Gelin Assistant City Attorney, Michelle Hoyland, Principal Planner, and Diane Miller, Board Secretary. III.APPROVAL OF AGENDA Motion to APPROVE the Agenda was made by Price Patton and seconded by Angela Budano. ALL IN FAVOR IV. MINUTES Motion to APPROVE the Minutes of 12/6/2017 was made by Price Patton and seconded by Bill Bathurst. ALL IN FAVOR V. SWEARING IN OF THE PUBLIC John Miller read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony. VI. COMMENTS FROM THE PUBLIC None VII. ACTION ITEMS A. 232 SE 7`'Avenue, Marina Historic District (2017-278) COA Michelle Hoyland, Principal Planner entered the project into the record. Exparte None Applicant Roger Cope-Cope Architects, Inc. Staff Presentation Michelle Hoyland presented the project from a power point presentation. 1 of 2 Minutes of the January 17,2018 Historic Preservation Board Public Comment None Board Comments Andrea Sherman-Chimney serves no purpose Price Patton-Window and door aluminum clad Motion to APPROVE the COA was made by Angela Budano and seconded by Bill Bathurst MOTION CARRIED 7-0. VIII. REPORTS AND COMMENTS A. Staff Comments None B.Board Comments None IX. DISCUSSION ITEMS A. Conceptual Review-Old School Square Signage-Master Plan 51 North Swinton Avenue-Old School Square Historic District Note:This review is non-binding and no action shall be taken by the Board nor shall there be aey written report resulting from discussions at the meeting which may be construed to be preliminary'approval of the development concept. B. Draft Historic Preservation Ordinances X. ADJOURN There being no further business to come before the Board, the meeting was adjourned at 8:30 P.M. 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 January 17,2018,which were formally adopted and approved by the Board on June 6, 2018. Diane J12ifien Diane Miller If the Minutes 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. (These Minutes are a record of the proceedings of this Board. The full audio and video recording of these proceedings are available at: www.mvdelravbeach.com/city-commission/av or a digital copy may be purchased at City Hall.) 2 of 2 DELRAY BEACH All-America City I ' ll' ' c, 1 200 SIGN IN SHEET oo � Historic Preservation Board January 17, 2018 PRINT ADDRESS OR ITEM NO. ORGANIZATION FULL NAME ,70(.0"/ �� n ( S.1K 7o CU2- itt [E3sNE 4 T-0 /wt . Vi u Historic PreservatimBoard Voting Sheet lid III IV VII.A VIII.A VIII.B HPB MEETING HELD: ATTEND Approval of Minutes 232 SE 7th 51 Swinton Historic January 17, 2018 Agenda 12/6/2017 Avenue Ave Preservation Ord. COA Concept Review Attorney: VOTE to Vote to VOTE to NO VOTE NO VOTE Janice Rustin Approve Approve Approve AIF AIF 7-0 Bill Bathurst P Y Y Y Andrea Sherman P Y Y Y Angela Budano P Y Y Y John Klein P Y Y Y Andrea Harden P Y Y Y Price Patton P Y Y Y John Miller P Y Y Y Page 1 ***with additional conditions added by the Board ADJOURNED: 8:30PM . HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: January 17, 2018 ITEM: 232 SE 7th Avenue Marina Historic District-Certificate of Appropriateness 2017-278 exterior renovation changes. RECOMMENDATION: Approve the Certificate of Appropriateness GENERAL DATA: Owner. Roger Cousins `f ¢. A I gip. Agent. Roger Cope, Cope Architecture, Inc. "�,Y e r S L�.1 ; �. �� ;S li- Location West side of SE 7th Avenue, .Q ! _ �!, between SE 2nd Street and SE 3' J ; - : .+>t: Z- Street. ' _ 1• ` ,- Property Size• 0.186 Acres - le Historic District Marina Historic District ' `" Zonin • R-1-AA (Single-Family Residential) ' APS .' i�t._ .. 9 ( 9 Y '' , r et Adjacent Zoning• rE• ?. l,'• :- . - North: R-1-AA sit. If tv%'� • ;- tr.•.� .r East: R-1-AA L 2rict St.. ..r South: R-1-AA �`''; West: CBD (Central Business District) K 0 .. till& 3fP.; > , Existing Future Land `4" *40,1� =_Use Designation LD (Low Density 0 5 DU/Acre) ( e v1 3 Water Service. Public water service is provided . e ?:.. on site. * t 'ti'C' st:A.e s "} , ttwo 1 A 9 .-a. Sewer Service. Public sewer service is provided ' ® . 't' r`, • on site. , p ` `'ptij NORTH ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) request associated with additions and alterations to the contributing structure located at 232 SE 7th Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property consists of the North 40 Feet of Lot 16 and the South 20 Feet of Lot 17, Gracey- Byrd Subdivision. The zoning for the property is R-1-AA (Single Family Residential). The original, single-family residence is classified as contributing to the historic building stock of the Marina Historic District. City Property Cards indicate that the original structure located on the property was built in 1935.The wood frame structure was originally owned by Fontaine Fox, author of the "Toonerville Trolley" cartoon strips. City records indicate that Fontaine Fox also owned and developed the lot to the south (238 SE 7th Avenue) as well as the two lots located to the north (222 &228). The builder/developer of those properties is noted to be S.G. Owens,who developed many properties along SE 7th Avenue. It is important to note that an additional structure within Delray Beach was associated with Fontaine Fox. That structure is located at 610 North Ocean Boulevard, is listed on the Local Register of Historic Places and is named the"Fontaine Fox House". At its meeting of November 16, 2016, the Historic Preservation Board (HPB) approved a COA for removal of two existing wood decks and the existing chimney and minor alternations to the front elevation. The two decks were replaced by additions to provide additional interior living space. A variance was approved to reduce the side-interior setback from the required 10'to 5'2" on the south side of the property to accommodate a new addition in place of an existing deck. The current proposal revises the location and configuration of the aluminum-framed, entry door and sidelite on the east elevation (front façade), centering the opening on a portion of the elevation. The proposal also includes a new roof profile to the rear of the structure in order to accommodate a shower/bath within the master bathroom. This roof profile is partially visible from the front façade and matches the profile of the roof of the new addition on the south side of the structure. The proposed changes do not destroy historic features that characterize the structure. ANALYSIS OF PROPOSAL Pursuant to Land Development Regulation (LDR) Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR SECTION 4.5.1, HISTORIC PRESERVATION, DESIGNATED DISTRICTS, SITES, AND BUILDINGS Pursuant to LDR Section 4.5.1(E) - Development Standards: all new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan,the Delray Beach Historic Preservation Design Guidelines,the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. J 232 SE 7th Avenue;COA 2017-278 Page 2 of 3 Standard 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. Standard 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. The proposal meets the applicable standards (above) and their intent as the proposed changes are minor and ensure an appropriate renovation of the existing historic structure. The renovation includes a revised aluminum-framed, entry door and sidelite configuration on the front facade, centering the openings on a portion of the east elevation. The proposal also includes a new roof profile to the rear of the structure to accommodate a shower/bath within the master bathroom. This roof profile is visible from the front facade and matches the profile of the roof of the new addition on the south side of the structure. The proposed changes do not destroy historic features that characterize the structure. Overall,the proposed changes protect the historic integrity of the existing structure while allowing for needed repairs and minor updates to the structure utilizing durable materials. The modifications are compatible with existing architectural features, protecting the historic integrity of the structure and its environment. Pursuant to LDR Section 4.5.1(E)(2)(c)(4) - Minor Development. The subject application is considered Minor Development as it involves alteration of less than 25 percent of the existing floor area of the building and all appurtenances. Pursuant to LDR Section 4.5.1(E)(7) - Visual Compatibility Standards: new construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m). Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. Applicable Visual Compatibility Standards (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 prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. • 232 SE 71°Avenue;COA 2017-278 Page 3 of 3 (I) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. The proposed changes to the overall renovation of the single-family residence are minor in nature and are appropriate and compatible with the Marina Historic District. The new aluminum framed, entry door and sidelite ensures an appropriate and symmetrical proportion of the opening with the architectural style of the structure. The proposed revised roof line to the rear of the structure accommodates an interior bathroom in place of a storage room that was once accessed from outside the structure. The overall design maintains the modest scale and vernacular architectural details appropriate for the Marina Historic District. The proposal meets the intent of the review criteria above;thus, positive findings are made with respect to the sections indicated above. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness 2017-278 for 232 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). C. Deny the Certificate of Appropriateness 2017-278 for 232 SE 7th Avenue, Marina Historic District, by finding that the request and approval thereof does not meet the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). RECOMMENDATION Certificate of Approval (COA) Approve the COA 2017-278 for 232 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). NOTE: If the COA is approved, the following must be addressed prior to certification: 1. That the note referencing "TARGETED AREA TO LOCATE EMERGENCY GENERATOR" be removed from plan sheet A2.0. 2. That the wood railing surrounding the deck on the east side of the property be noted on the site and elevation plan sheets. Attachments: • Site Plan • Floor Plan • Elevations Report Prepared By: Michelle Hoyland, Principal Planner 1 Historic Preservation Task Force—DRAFT Ordinances 1. Repealing Section 100.10, Enacting 131.03—Degradation Historic Structures and Structures in Historic Districts 2. Amending LDR 4.5.1 (E)(5)—Providing for Affirmative Maintenance 3. Amending LDR 4.5.1(H)—Creating Economic Hardship Certificate 4. Boarding of Vacant Buildings or Dwellings—City- ,ride 5. Boarding of Vacant Buildings or Dwellings—Historic Districts only 6. Amending LDR for Ad Valorem Tax Exemption 7. Amending 37.42—Fines ORDIN?ANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES BY REPEALING SECTION 100.10, "INDIVIDUALLY DESIGNATED HISTORIC STRUCTURES AND STRUCTURES IN HISTORIC DISTRICTS," IN ITS ENTIRETY, AND BY AMENDING CHAPTER 131, "OFFENSES AGAINST PROPERTY," OF THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 131.03, "DEGRADATION OF HISTORIC STRUCTURES AND STRUCTURES IN HISTORIC DISTRICTS;" PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, in 2006, the City Commission of the City of Delray Beach, Florida, adopted Ordinance No. 72-06, Individually Designated Historic Structures and Structures in Historic Districts, to recognize, preserve and protect the historical structures and districts located within the City of Delray Beach;and WHEREAS,The City Commission of the City of Delray Beach,Florida,recognizes the need to research and develop a plan for the continued preservation of historical structures and sites through educational materials and incentives and to designate additional structures and districts located within the City of Delray Beach;and WHEREAS, recognizing this need, the Historical Preservation Task Force was commissioned by the City Manager;and WHEREAS, the Historic Preservation Task Force is comprised of members from diverse educational and professional backgrounds representing residents of the City of Delray Beach, historical societies, community organizations, historic preservation societies, and City of Delray Beach staff;and WHEREAS, based on the recommendations of the Historic Preservation Task Force, the City Commission desires to clarify its language in the Code of Ordinances concerning the maintenance and perpetuation of historic structures and districts. NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 100, "Nuisances", Section 100.10, "Individually Designated Historic Structures and Structures in Historic Districts," of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety as follows: NUISANCES Ste. 100.10. INDIVIDUALLY DESIGNATED HISTORIC STRUCTURES AND STRUCTURES IN HISTORIC DISTRICTS. 0 • (A) Structures that arc individually designated as historic or are located in historic structural and decoratiy g - s replaced in a workmanlike manner, to match as closely as possible the original materials and construction of the building. All exterior walls shall have all loose material removed and patching or resurfsLeiiig shall be accomplished to match the existing or adjacent surfaces as to materials, color, bond, and joining. All cornices, trim and window frames that are damaged, sagging or otherwise exposed materials painted,stained or otherwise treated in a consistent manner. Section 2. That Chapter 131, "Offenses Against Property," shall be amended to add section 131.03,"Degradation of Historic Structures," as follows: Sec. 131.03. DEGRADATION OF HISTORIC STRUCTURES AND STRUCTURES IN HISTORIC DISTRICTS (A1 No owner of a historic structure located within historic or archeological sites, or building, structures, improvements and appurtenances within historic districts shall, by willful action or willful neglect, permit the deterioration and decay of the historic resource. Historic features, including bur nor limited to verandas, trim, or foliage, originally placed on the historic structure must also be protected from deterioration or decay. Historic structures located within historic or archeological sites or buildings, structures, improvements and appurtenances within historic districts shall be maintained in accordance with the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines. as amended from time to rime. (B1 All such historic resources shall be preserved against such decay and deterioration and be maintained free from structural defects through correction of any of the following deficiencies: ((11 Facades which may fall and injure the subject or adjoining structure or building, or members of the public. (21 Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports. (3). Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag,split, or buckle due to defective material or deterioration. (41 Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. (_1 Rotting or termite-infested wood on any part of the structure or building. (61 Any fault or defect in the structure or building which renders it structurally unsafe, insufficiently protected from weathering, or nor properly watertight. (C1 Violation of any of the provisions of this ordinance shall be punishable as set forth in Section 37.42 of this Code. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof 9 other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 4. That all ordinances in conflict herewith be,and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORDINANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5.1 "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS"; SUBSECTION 4.5.1(E)(5) "STANDARDS AND GUIDELINES", IN ORDER TO PROVIDE FOR AFFIR\L\TIVE i'LAINTENANCE REQUIREMENTS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , 2016 and voted to to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals,objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach funds the ordinance is consistent with the Comprehensive Plan. WHEREAS, The City Commission of the City of Delray Beach, Florida, recognizes the need to research and develop a plan for the continued preservation of historical structures and sites through educational materials and incentives and to designate additional structures and districts located within the City of Defray Beach;and WHEREAS, recognizing this need, the Historical Preservation Task Force was commissioned by the City Manager;and WHEREAS, the Historic Preservation Task Force is comprised of members from diverse educational and professional backgrounds representing residents of the City of Delray Beach, historical societies, community organizations,historic preservation societies, and City of Delray Beach staff;and WHEREAS, based on the recommendations of the Historic Preservation Task Force, the City Commission desires to clarify its language in the Land Development Regulations concerning the maintenance and perpetuation of historic structures and districts;and WHEREAS, the City Commission desires to impose affirmative maintenance requirements for the owners of structures or buildings located within historic districts in order to avoid the degradation and neglect, whether willful or inadvertent, of historic structures located within the City of Delray Beach;and WHEREAS, the City Conumi.ssion finds it necessary and appropriate to impose penalties for willful acts or willful neglect affecting historic structures or buildings in order to protect and preserve said structures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1.That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.1(E)(5), "Standards and Guidelines", of the Land Development Regulations of the City of Delray Beach, Florida,shall be amended to read as follows: (5) Standards and Guidelines. (a) A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Even' owner of structures located within historic or archeological sites, or buildings, structures, improvements and appurtenances within historic districts shall keen in good repair and shall properly maintain the exterior and site. No owner of a building or structure located within the historic district shall, by willful action or willful neglect, fail to provide sufficient and reasonable care. maintenance and upkeep and shall ensure perpetuation in order to prevent destruction by deterioration. The owner shall provide sufficient maintenance to ensure protection of said structures from hazards and to prevent deterioration. (h) In addition to the penalties authorized by this section and the Code of Ordinances, a violation of these guidelines, which is found to be the result of willful action or willful neglect, shall be subject to the following provisions: 1. No permit shall be issued for any alteration or new construction affecting such property for a period of five (51 years following the finding of willful action or willful neglect, other than permits necessary to correct the violation. However, upon presentation of evidence satisfactory to the Historic Preservation Board that the violation has been corrected, any remaining portion of the five-year prohibition on issuance of a permit may be waived. 2. As a condition for any new land use approval, the owner may be required to rebuild, reconstruct,restore or replicate the structure or ohiect on the property. ORDNO. -16 3. The ad valorem tax exemption provided for historic properties or structures under section 4.5.10) and all historic preservation incentives do not apply to historically designated buildings, structures, landscape features, improvements or sires that are damaged, destroyed, or demolished through willful action or willful neglect in violation of this section. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. • ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. -16 ORDINANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.5.1 "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS"; SUBSECTION 4.5.1(H) "UNDUE ECONOMIC HARDSHIP", TO ESTABLISH A PROCEDURE TO OBTAIN A CERTIFICATE OF HARDSHIP FOR PROPERTY LOCATED IN THE HISTORIC DISTRICTS; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , 2016 and voted _ to _ to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency,has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and \WHERE,kS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. WHEREAS, in 2006, the City Commission of the City of Delray Beach, Florida, adopted Ordinance No. 72-06, Individually Designated Historic Structures and Structures in Historic Districts, to recognize, preserve and protect the historical structures and districts located within the City of Delray Beach;and WHEREAS, The City Commission of the City of Delray Beach, Florida, recognizes the need to - research and develop a plan for the continued preservation of historical structures and sites through educational materials and incentives and to designate additional structures and districts located within the City of Delray Beach;and WHEREAS, recognizing this need, the Historical Preservation Task Force was commissioned by the City Manager;and WHEREAS, the Historic Preservation Task Force is comprised of members from diverse educational and professional backgrounds representing residents of the City of Defray Beach, historical societies, community organizations,historic preservation societies,and City of Delray Beach staff;and WHEREAS, based on the recommendations of the Historic Preservation Task Force, the City Commission desires to clarify its language in the Land Development Regulations in order to encourage and assist property owners experiencing economic hardship and who have been issued code violations for historic structures or structures located within historic districts;and WHEREAS, the City Commission recognizes the need for communication between the various Boards designated by the City, namely the Code Enforcement Board and the Historic Preservation Board, and hopes to ensure that the process detailed herein will facilitate the two Boards working collectively so as to encourage the maintenance and preservation of individually designated historic structures and structures in historic disticts within the City of Delray Beach;and WHEREAS, recognizing the importance of maintaining and preserving the aesthetics of historic structures and structures located within historic districts as well as safeguarding that said properties are compliant with the appropriate building codes, the City Commission desires to create a process whereby property owners suffering from economic hardship are made aware of incentive programs, grants and loans that potentially assist property owners in resolving their issues with Code Enforcement as well as preserving the integrity of the historic structures;and WHEREAS, the City Commission funds that the creation of an Economic Hardship Certificate program will assist property owners of historic structures as well as structures located within historic districts by providing notice of programs, incentives and organizations to assist in the repair of the structure, affording time to property owners exhibiting a good faith effort to bring the property to code without the potential for the imposition of liens,and maintaining communication between the Boards in order to preserve the history of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1.That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.1(I I), "Undue Economic Hardship", of the Land Development Regulations of the City of Delray Beach,Florida, shall be amended to read as follows: (H) Undue Economic Hardship: (1) An applicant experiencing undue economic hardship may file an application for a Certificate of Economic Hardship. A Certificate of Economic Hardship application must be submitted within thirty (301 days of the issuance of a violation notice from Code Enforcement. The violation notice shall state the defects observed by the Code Enforcement officer as well as •the various incentive programs and preservation organizations that may be available for repair. • (a) The Historic Preservation Board shall schedule a public hearing within sixty (60) days from the receipt of the application and shall provide notice of such hearing to the appropriate entities including the Code Enforcement Board and the Department of Community Improvement. A copy of the application for Certificate of Economic Hardship shall be provided to the Code Enforcement Board. 2 (b) During the period between receipt of the Certificate of Economic Hardship Application and the hearing before the Board, it is the sole responsibility of the applicant to discuss the proposed violation(s) with various local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the property and the districts. Proof of the applicant's efforts will be a factor considered by the Historic Preservation Board in determining whether to issue a Certificate of Economic Hardship. (2) In all instances where there is a claim of undue economic hardship, the property owner shall submit with the application for Certificate of Economic Hardship, within a reasonabk period of tim,L,prior to a mceting with the Historic Prcacrx ation Board, the following documentation: (a) For All Property: • 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 `ears; 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. ( 1 For Income Property (Actual or Potential): a. The annual gross income from the property for the previous two years, if any; h. The annual cash flow,if any, for the previous two years;and c. The status of leases,rentals,or sales for the previous two years. (3) An applicant may 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 3 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. (5) The applicant has the burden of proving by competent substantial evidence that the mandates from Code Enforcement to resolve the violarion(sl have caused or will cause an unreasonable economic hardship. The effect of the denial of the application for Certificate of Economic Hardship is that the decision regarding the violation is upheld and further discussions will he addressed before the Code Enforcement Board. Denial of the application for Certificate of Economic Hardship may be appealed to the City Commission. If the application for Certificate of Economic Hardship is granted, the Historic Preservation Board may issue the Certificate of Economic Hardship with or without conditions and shall notify the Code Enforcement Board of its findings. Such conditions may include, hut are not limited to, ad valorem tax relief, loans or grants, continued cooperation with local historic preservation groups offering assistance to the owner. The effect of the granting of a Certificate of Economic Hardship tolls any fines or liens levied by the Code Enforcement Board for a period of up to 12 months. (6) The Certificate of Economic Hardship will detail the specific work which is necessary to correct the violations, as well as a time period to begin and complete the work. The Historic Preservation Board shall be updated every sixty (601 days once the anplication has been approved. The Certificate of Economic Hardship shall be valid for a period nor to exceed twelve (121 months. During this period, it is the sole responsibility of the owner to cure the violation(sl. No fines or liens shall be levied by the Code Enforcement Board until such time as the Certificate of Economic Hardship expires or the Historic Preservation Board revokes the Certificate and refers the violations back to the Code Enforcement Board. Should the owner bring the property back into compliance, a recommendation may he made to the Code Enforcement Board to waive or decrease any outstanding fines or liens. (7) In the event that the Historic Preservation Board receives information of the owner's noncompliance with the terms and conditions as stated in the Certificate of Economic Hardship, the Board reserves the right to revoke the Certificate of Economic Hardship and refer the matter to the Code Enforcement Board for the determination of whether fines or liens should be reinstated or levied. Notice shall he provided to the applicant, Code Enforcement Board and the Department of Community Improvement. A hearing shall be scheduled before the Historic Preservation Board no later than thirty (30) days upon receipt of the information regarding noncompliance. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. • Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. 4 ATTEST: City Clerk MAYOR First Reading Second Reading 5 ORDIINANCE NO. -16 • AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA., AMENDING CHAPTER 100, "NUISANCES", BY ENACTING A NEW SECTION 100.XX, "BOARDING OF VACANT BUILDINGS OR DWELLINGS" TO PROVIDE FOR REGULATIONS REGARDING VACANT BUILDINGS, STRUCTURES, OR DWELLINGS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, buildings which remain vacant and unoccupied for any unreasonable period of time are a serious hazard to public health,welfare, safety and quality of life;and, WHEREAS, such buildings become an attractive nuisance or dangerous condition to children, become a harborage for insects rodents, vermin or other pests, become an invitation to criminals as a temporary abode and as a place to conduct illegal activity,and create a potential fire hazard;and, WHEREAS, the unkempt and unsecured grounds surrounding such buildings invite the dumping of garbage and trash thereon and contribute to the growth of blight within the City necessitating additional government services and potentially decreasing property values;and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such interference with the use and enjoyment of neighboring property;and, WHEREAS, the City Commission of the City of Delray Beach desires to amend the current Nuisance Section of the Code of Ordinance to require the boarding of vacant structures and buildings in order to protect the health,safety and welfare of the citizens and prevent and abate such nuisance conditions. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Chapter 100, "Nuisances", Section 100.xx, "Boarding of Vacant Buildings, Structures or Dwellings", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 100.)a. Boarding certificate; requirements (A) Responsibility for Property Maintenance. Every owner of a building or structure is required to maintain such propem, in a manner so as not to violate the provisions of this section, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. (B) Nuisance Declared. It is declared unlawful and a public nuisance for an owner of a building or structure to maintain such property or to permit such property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist: (1) Any vacant and unoccupied building, structure or dwelling of which doors, windows, or other openings are broken or missing so as to allow access to the interior, or boarded and which is not secured in compliance with this section. (2) Any vacant and unoccupied building, structure or dwelling of which doors, windows or other openings are secured by boarding, but for which there is not current and valid boarding certificated as required by this section. (C) Certificate Required for Boarding Building or Dwellings (1) All buildings, structures or dwellings which are boarded shall require a Certificate of Boarding be issued by the City. The fee for boarding certificates shall be set by resolution of the City Conunission. (2) No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means others than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current Boarding Certificate issued by the Chief Building Official. (3) The Chief Building Official shall issue a boarding certificate required by subsection (1) of this section upon the submission of a written application by the owner of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement officer, that the boarding or other method of securing the building or structure has been done in compliance with this division. (4) The Boarding Certificate issued pursuant to this section shall authorize the boarding or other securing of a building, dwelling or structure for a period of no greater than six (6) months from the date of the issuance. Renewal of the boarding certificate may be granted; one time, after the initial six-month period for an additional six months. A property owner, his representative or contractor seeking renewal of the boarding certificate must file a written request with the Planning and Zoning Department for hearing no later than ten (10) business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: (a) The boarding or other method of securing the building or structure has been done in compliance with this division, as confirmed by a Code Enforcement officer after inspection of the building or structure. (b) The owner, his authorized representative or contractor has submitted to the building official, prior to the hearing, a detailed plan for correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction,repair, or rehabilitation. 2 (c) The owner or his authorized representative or contractor has submitted to the building official, prior to the hearing, a time line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or,alternatively,a time line for the sale of the property. (d) The renewal certificate may be revoked if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with provisions of this Code. (5) A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition,where appropriate,good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction,repair, or rehabilitation, or is attempting to sell the property. If good cause exists to renew the certificate, the certificate may be renewed for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate. (D)Standards for Securing Building (1) Coiiipliaiicc with city ipccijications. The boarding of the doors, windows, or other openings of any building, dwelling or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by the City. (a) IFindows a;21t siiii ltir opellu12*C a. Street-facing windows shall be boarded with clear, polycarbonate sheets that are Unpact-resistant and strong. In the event that compliance would create a documented financial hardship, compliance may be achieved through the guidelines as detailed below in subsection (b). It is the responsibility of the owner or their representative to provide documentation derailing an undue economic hardship in the application for the Boarding Certificate. The Planning and Zoning Department shall determine whether or not to grant an exception to this provision due to an economic hardship. b. other windows shall be boarded with one (1) continuous piece of pressure treated or exterior grade plywood of a nuntnium thickness of five-eighths (5/8) inch nominal or its equivalent. A minimum of six and one-half(G!/_) inch vent holes are required. The plywood shall be secured in place by two (2) two-inch by four-inch horizontal cross-members, on the interior and two (2) two-inch by four-inch vertical bracing on the exterior, cross-members and bracing shall be secured ro the plywood by three-eighths (3/8) inch plated carriage bolts with fender washers at each end threaded to the correct length to penetrate the exterior bracing, the plywood, and the interior cross-members and shall be installed a minimum of two (2) inches and a 3 maximum of four (4) inches from the side edges of the opening. The bolts must be tightened enough to slightly deflect the wood. The bolts shall sit flush against the exterior bracing to prevent the use of any tool for prying or removal of the plywood. A minimum of four (4) carriage bolts, two (2) crossmembers, and rwo (2) exterior braces shall be used on each window and, depending on the size of the opening, additional bolts, cross-members or braces may be required. Each cross- member shall be a continuous piece of lumber, and each must extend at least one (1) foot past the window opening in each direction. (b) Eivietior clog,shall be boarded with one (1) continuous piece of pressure treated or exterior grade plywood of a minimum thickness of five-eighths (5/8) inch nominal or its equivalent, fitted to the entry door jamb with maximum one-eighth (1/8) inch clearance for each edge. The existing door should be removed and stored inside the building. The plywood shall be secured in place by three (3) two-inch by four-inch wooden horizontal cross-members on the interior and two (2) two-inch by four-inch vertical bracing on the exterior. Cross- members and bracing shall be secured to the plywood by three-eighths (3/8) inch plated carriage bolts with fender washers at each end threaded to the correct length to penetrate the exterior bracing, the plywood, and the interior cross-members and shall be installed a minimum of two (2) inches and a maximum of four (4) inches from the side edges of the opening. The bolts must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood. The bolts shall sit flush against the exterior bracing to prevent the use of any tool for prying or removal of the plywood. A minimum of six (6) carriage bolts, three (3) cross-members, and two (2) exterior braces shall be used on each door and, depending on the size of the opening, additional bolts, cross-members or braces may be required. On at least one (1) entry door, the plywood shall be attached to the door entry with three (3) case hardened snap hinges of the types specified by the Building Department. On all other doors the cross-members must extend at least one (1) foot past the door opening in each direction. Where there is no door jamb, a wood frame shall be installed in the opening for purposes of securing the plywood and cross-members. The wood frame shall be constructed with two-inch by four-inch pressure treated lumber and shall be anchored with one-quarter (1.'4) inch tapcon or woodscrew with a minimum one and one- half(1',2)inch embedment. (c) All boarded openings shall be painted with a minimum of one (1) coat of exterior paint which is of a color compatible with the exterior color of the building or structure. (2) Additional rege:ut-ments. In connection with the boarding of the doors, windows, or other openings of any building, dwelling or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure,the owner shall also comply with all of the following requirements: (a) All utility service to the building, dwelling or structure shall be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection (2)(a) may be waived in writing by the City as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection 4 with the rehabilitation of the building or structure for which there is an active and current building permit. (b) The sewer shall be capped in a manner approved by the City so as to prevent the accumulation of methane gas in the building or structure. (c) The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste,and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. (d) Upon application for a Boarding Certificate, the Chief Building Official may approve alternative methods of securing a vacant and unoccupied building or structure when the requirements of subsections (1) and (2)(a)-(c) cannot be met. In making the determination to approve any alternative method, the City shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate and long-term security against the unauthorized entry to the property (F.) Violations; Enforcement. Violations of this section shall be enforced through the code enforcement process. (F) Penalty. See Section 39.42,"General Penalty" (G)Exceptions. A boarding certificate shall not be required in the following circumstances: (a) Temporary emergency situations, including but not limited to, damage caused by vandalism, fire, theft, accident, or act of God. Any boarding or securing of openings under a temporary emergency situation shall not exceed sixty (60) days. (b) Weather and hurricane preparation when a hurricane or tropical storm watch or warning has been issued by the National Weather Service. (c) Unoccupied residences secured with storm shutters. (d) Properties deemed to be"unsafe structures" by the Chief Building Official or his designee. (e) Properties which have a valid permit for a building permit which requires the contractor or owner to secure the property. (f) Properties which are in the process of securing a building peunit by way of submitting a complete application. (I-I)Costs Incurred by City; Assessment of Lien. All costs incurred by the City based upon actions taken by the City to cure violations of this division shall be charged and billed to the person in violation of this division as provided for in section 37.42 of this Code. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence,or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 5 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. MAYOR ATTEST: City Clerk First Reading Second Reading 6 ORDINANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", BY ENACTING A NEW SECTION 100.XX, "BOARDING OF VACANT BUILDINGS OR DWELLINGS IN HISTORIC DISTRICTS" TO PROVIDE FOR REGULATIONS REGARDING VACANT BUILDINGS, STRUCTURES, OR DWELLINGS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, in 2006, the City Conrunission of the City Delray Beach, Florida, adopted Ordinance No. 72-06, Individually Designated Historic Structures and Structures in Historic Districts, to recognize, preserve and protect the historical structures and districts located within the City of Delray Beach;and WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the need to research and develop a plan for the continued preservation of historical structures and sites through educational materials and incentives and to designate additional structures and districts located within the City of Defray Beach,Florida;and WHEREAS, recognizing this need, the Historical Preservation Task Force was commissioned by the City Manager; and WHEREAS, the Historic Preservation Task Force is comprised of members from diverse educational and professional backgrounds representing residents of the City of Delray Beach, historical societies, various community organizations,historic preservation societies,and City of Delray Beach staff;and WHEREAS, the Historic Preservation Task Force recognized the importance and necessity of developing guidelines in order to preserve the integrity of structures within locally designated historic districts from deliberate or inadvertent neglect;and WHEREAS, the Historic Preservation Task Force desires to clarify the language in the City of Delray_ Beach's Code of Ordinances pertaining to the boarding of vacant historic structures and buildings;and WHEREAS, buildings which remain vacant and unoccupied for any unreasonable period of time are a serious hazard to public health,welfare, safety and quality of life;and, WHEREAS, such buildings become an attractive nuisance or dangerous condition to children, become a harborage for insects rodents, vermin or other pests, become an invitation to criminals as a temporary abode and as a place to conduct illegal activity,and create a potential fire hazard;and, WHEREAS, the unkempt and unsecured grounds surrounding such buildings invite the dumping of 5 garbage and trash thereon and contribute to the growth of blight within the City necessitating additional government services and potentially decreasing property values;and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such interference with the use and enjoyment of neighboring property;and, WHEREAS, the City Commission of the City of Delray Beach desires to amend the current Nuisance Section of the Code of Ordinance to require the boarding of vacant structures and buildings in the Historic Districts in order to protect the health, safety and welfare of the citizens and prevent and abate such nuisance conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Chapter 100, "Nuisances", Section 100.xx, "Boarding of Vacant Buildings, Structures or Dwellings", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 100.)a. Boarding certificate; requirements (A) Responsibility for Property Maintenance. Every owner of a building or structure within a designated historic site or designated historic district is required to maintain such property in a manner so as not to violate the provisions of this section, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. (B) Nuisance Declared. It is declared unlawful and a public nuisance for an owner of a building or structure within a designated historic site or designated historic district to maintain such property or to permit such property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist: (1) Any vacant and unoccupied building, structure or dwelling of which doors, windows, or other openings are broken or missing so as to allow access to the interior, or boarded and which is not secured in compliance with this section. (2) Any vacant and unoccupied building, structure or dwelling of which doors, windows or other openings are secured by boarding, but for which there is not current and valid boarding certificated as required by this section. (C) Certificate Required for Boarding Building or Dwellings (1) All buildings, structures or dwellings within a designated historic site or designated historic district which are boarded shall require a Certificate of Boarding be issued by the City. The fee for boarding certificates shall be set by resolution of the City Commission. (2) No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means others than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current Boarding Certificate issued by the Chief Building Official. (3) The Chief Building Official shall issue a boarding certificate required by subsection (1) of this section upon the submission of a written application by the owner of the property within a designated historic site or designated historic district or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement officer, that the boarding or other method of securing the building or structure has been done in compliance with this division. (4) The Boarding Certificate issued pursuant to this section shall authorize the boarding or other securing of a building, dwelling or structure within a designated historic site or designated historic district for a period of no greater than six (6) months from the date of the issuance. Renewal of the boarding certificate may be granted, one time, after the initial six-month period for an additional six months. A property owner , his representative or contractor seeking renewal of the boarding certificate must file a written request with the Planning and Zoning Department for hearing no later than ten (10) business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: (a) The boarding or other method of securing the building or structure has been done in compliance with this division, as confirmed by a Code Enforcement officer after inspection of the building or structure. (b) The owner, his authorized representative or contractor has submitted to the building official, prior to the hearing, a detailed plan for correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction,repair,or rehabilitation. (c) The owner or his authorized representative or contractor has submitted to the building official, prior to the hearing, a rime line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or,alternatively,a time line for the sale of the property. (d) The renewal certificate may be revoked if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with provisions of this Code. (5) A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition,where appropriate,good cause shall also require a showing 3 by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. If good cause exists to renew the certificate, the certificate may be renewed for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate. (D)Standards for Securing Building (1) Compliance with city Jpeci ications. The boarding of the doors, windows, or other openings of any building, dwelling or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by the City. (a) Irilldolvs and imlar openings a. Street-facing windows shall be boarded with clear, polycarbonate sheets that are impact-resistant and strong. In the event that compliance would create a documented financial hardship, compliance may be achieved through the guidelines as detailed below in subsection (b). It is the responsibility of the owner or their representative to provide documentation detailing an undue economic hardship in the application for the Boarding Certificate. The Planning and Zoning Department shall determine whether or not to grant an exception to this provision due to an economic hardship. b. All other windows shall be boarded with one (1) continuous piece of pressure treated or exterior grade plywood of a minimum thickness of five-eighths (5/8) inch nominal or its equivalent. A minimum of six and one-half(61/2) inch vent holes are required. The plywood shall be secured in place by two (2) two-inch by four-inch horizontal cross-members, on the interior and two (2) two-inch by four-inch vertical bracing on the exterior, cross-members and bracing shall be secured to the plywood by three-eighths (3/8) inch plated carriage bolts with fender washers at each end threaded to the correct length to penetrate the exterior bracing, the plywood, and the interior cross-members and shall be installed a minimum of two (2) inches and a maximum of four (4) inches from the side edges of the opening. The bolts must be tightened enough to slightly deflect the wood. The bolts shall sit flush against the exterior bracing to prevent the use of any tool for prying or removal of the plywood. _A minimum of four (4) carriage bolts, two (2) crossmembers, and two (2) exterior braces shall be used on each window and, depending on the size of the opening, additional bolts, cross-members or braces may be required. Each cross- member shall be a continuous piece of lumber, and each must extend at least one (1) foot past the window opening in each direction. (b) E_.erior[loon-shall be boarded with one (1) continuous piece of pressure treated or exterior grade plywood of a nlinirnum thickness of five-eighths (5/8) inch nominal or its equivalent, fitted to the entry door jamb with maximum one-eighth (1/8) inch clearance Ior each edge. The existing door should be removed and stored inside the building. The plywood shall be secured ha place by three (3) two-inch by four-inch wooden horizontal cross-members on the interior and two (2) two-inch by four-inch vertical bracing on die exterior. Cross- members and bracing shall be secured to the plywood by three-eighths (3/8) inch plated 4 carriage bolts with fender washers at each end threaded ro the correct length to penetrate the exterior bracing, the plywood, and the interior cross-members and shall be installed a minimum of two (2) inches and a maximum of four (4) inches from the side edges of the opening. The bolts must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood. The bolts shall sit flush against the exterior bracing to prevent the use of any tool for piling or removal of the plywood. A minimum of six (6) carriage bolts, three (3) cross-members, and two (2) exterior braces shall be used on each door and, depending on the size of the opening, additional bolts, cross-members or braces may be required. On at least one (1) entry door, the plywood shall be attached to the door entry with three (3) case hardened strap hinges of the types specified by the Building Department. On all other doors the cross-members must extend at least one (1) foot past the door opening in each direction. Where there is no door jamb, a wood frame shall be installed in the opening for purposes of securing the plywood and cross-members. The wood frame shall be constructed with two-inch by four-inch pressure treated lumber and shall be anchored with one-quarter (14) inch tapcon or woodscrew with a minimum one and one- half(11) inch embedment. (c) All boarded openings shall be painted with a minimum of one (1) coat of exterior paint which is of a color compatible with the exterior color of the building or structure. (2) Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building, dwelling or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements: (a) All utility service to the building, dwelling or structure shall be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection (2)(a) may be waived in writing by the City as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structure for which there is an active and current building permit. (b) The sewer shall be capped in a manner approved by the City so as to prevent the accumulation of methane gas in the building or structure. (c) The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste,and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. (d) Upon application for a Boarding Certificate, the Chief Building Official may approve alternative methods of securing a vacant and unoccupied building or structure when the requirements of subsections (1) and (2)(a)-(c) cannot be met. In making the determination to approve any alternative method, the City shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate and long-term security against the unauthorized entry to the property 5 (E) Violations; Enforcement. Violations of this section shall be enforced through the code enforcement process. (F) Penalty. See Section 39.42, "General Penalty" (G)Exceptions. 1 boarding certificate shall not be required in the following circumstances: (a) Temporary emergency situations, including but not limited to, damage caused by vandalism, fire, theft, accident, or act of God. Any boarding or securing of openings under a temporary emergency situation shall not exceed sixty (60) days. (b) Weather and hurricane preparation when a hurricane or tropical storm watch or warning has been issued by the National Weather Service. (c) Unoccupied residences secured with storm shutters. (d) Properties deemed to be"unsafe structures"by the Chief Building Official or his designee. (e) Properties which have a valid permit for a building permit which requires the contractor or owner to secure the property. (f) Properties which are in the process of securing a building permit by way of submitting a complete application. (H)Costs Incurred by City; Assessment of Lien. All costs incurred by the City based upon actions taken by the City to cure violations of this division shall be charged and billed to the person in violation of this division as provided for in section 37.42 of this Code. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. MAYOR ATTEST: City Clerk First Reading Second Reading 6 ORDINANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.10), "TAX EXFMPT1ON FOR HISTORIC PROPERTIES", SUBSECTION 4.5.10)(10), "REVOCATION PROCEEDINGS"; TO PROVIDE ADDITIONAL MAINTENANCE REQUIREMENTS IN ORDER TO LINTAIN AD VALOREM TAX EXEMPTION OF HISTORIC STRUCTURES OR STRUCTURES LOCATED \WITHIN HISTORIC DISTRICTS PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , 2016 and voted to _ to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency,has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach fords the ordinance is consistent with the Comprehensive Plan;and WHEREAS, the City Commission of the Cite of Delray Beach finds it necessary and appropriate to amend the Land Development Regulations to 'require owners of historic structures or structures located within historic districts to affirmatively maintain their property in order to preclude the initiation of revocation of ad valorem tax exemption proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1.That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.10)(10), "Revocation Proceedings", of the Land Development Regulations of the City of Delray Beach,Florida, shall be amended to read as follows: (10) Revocation Proceedings: (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein,in the event the applicant, or subsequent owner or successors in interest to S the property, fails to maintain the property according to the terms, conditions and standards as set forth Section 4.5.1(l )(51 and the Historic Preservation Exemption Covenant. (b)The Historic Preservation Planner shall provide notice to the current owner of record of the • property and the Historic Preservation Board shall hold a revocation hearing and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph S of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1" of the year following receipt of the notice of revocation. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. ATTEST • LAYOR City Clerk First Reading Second Reading 9 ORDINANCE NO. -16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.42, "ADMINISTRATIVE FINES; COST OF REPAIR, LIENS", TO IMPOSE ENHANCED FINES FOR THE NEGLECT OF HISTORIC STRUCTURES OR STRUCTURES LOCATED IN HISTORIC DISTRICTS; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of Delray Beach recognizes the importance of the preservation and protection of historic structures and districts;and WHEREAS, in recognizing this need, the Historic Preservation Task Force was commissioned to provide guidance, make recommendations and develop a plan for the continued preservation of historical structures and sites;and WHEREAS, the Historic Preservation Task Force has identified the need for more definitive standards and guidelines in order to prevent the deliberate or inadvertent neglect of buildings or structures located within historic districts; and WHEREAS, based on the recommendations of the Historic Preservation Task Force, the City Commission desires to maintain and prevent the degradation of the structures located within the historic districts by either willful action or willful neglect. NOW THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", is amended by amending Section 37.42 `Administrative Fines;Cost of Repair;Liens", to read as follows: Sec.37.42. -ADMINISTRATIVE FINES; COSTS OF REPAIR;LIENS. (A) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed,may order the violator to pay a fine in an amount specified in this Section for each day the violation continues past the date set by the enforcement board for compliance or,in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in Section 37.36(C), the enforcement board shall notify the local governing body,which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this Section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a ,0 finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If after due notice and hearing, a Code Enforcement Board finds a violation to be irreparable or irreversible in nature,it may order the violator to pay a fine as specified in subsection (B)(1). (B) (1) A fine imposed pursuant to this Section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation and,in addition, may include all costs of repairs pursuant to subsection (A). However, if a Code Enforcement Board finds the violation to be either irreparable or irreversible in nature or the result of willful action or neglect, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation. If the violation is a violation as described in Sections 99.03 or 131.03(B)(1)- (5), the fine imposed shall not exceed one thousand dollars ($1,000.00) per day per violation for a first violation, shall not exceed five thousand dollars ($5,000.00) per day per violation for a repeat violation, and shall not exceed a maximum of fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be irreparable or irreversible in nature or the result of willful action or willful neglect. (2) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation;and (c) Any previous violations committed by the violator. (3) An enforcement board may reduce a fine imposed pursuant to this Section. (4) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this State, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this Section, whichever occurs first. A lien arising from a fine imposed pursuant to this Section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this Section. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body Attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Art. X of the State Constitution.The money judgment provisions of this Section shall not apply to real property or personal property which is covered under Section 4(a),Art. X of the State Constitution.Actions for money judgments under this Section may be pursued only on fines levied after October 1, 2000. 0 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2016. ATTEST: City Clerk MAYOR First Reading Second Reading 3 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD BOARD ORDER Project Name: 232 SE 7th Avenue Address: 232 SE 7th Avenue, Marina Historic District File Number: 2017-278 ORDER Following consideration of all the evidence and testimony presented at the January 17, 2018 meeting before the Historic Preservation Board for the City of Delray Beach and pursuant to the respective Section(s) of the Land Development Regulations of the City of Delray Beach, the Historic Preservation Board fords that there is ample and competent substantial evidence to support the findings, as applicable, for the referenced projects. Approved with Request&LDR Section Approved Denied** Conditions* CERTIFICATE OF APPROPRIATENESS 2.4.6(H)(5) X .r7 *Conditions of Approval are attached as Exhibit A. **For a denial, the list of findings not supported by the Board are attached as Exhibit B. iic Preservation Board Return Original to: Roger Cope Cope Architects, Inc. 701 SE 1s`Street Delray Beach, FL 33483 Page Separator Historic Preservation Board 2018 Box # 43 Folder # 1 Delray SO 8373