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Ord 10-03ORDINANCE NO. 10-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (M) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO PROVIDE CLARIFICATION TO THE TAX ABATEMENT PROCESS AND APPLICABILITY, AND TO BE CONSISTENT WITH THE FLORIDA ADMINISTRATIVE CODE; 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 April 21, 2003 and voted 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overhy and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (M) Tax Exemption for Historic Properties: (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1 ~%.~)(~,~Jg,)2~A~alll~l~. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) Taxes levied for payment of bonds; Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. 0) Duration of Tax Exemption: The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term '.'f zcq::c:ted The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (5) Qualifying Properties and Improvements: The following real property in the City is a qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, (ii) is a contributing property to a National Register-listed district; or 2 ORD. NO. 10-03 is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and, has been certified by the Historic Preservation Board as satis ¢ng (a) (i), (ii), or (iii). For an improvement to a historic property to qualify the property for an exemption, the improvement must: be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; be determined an improvement by the Historic Preservation Board as ' ' established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvement shall inclndo, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures 0. e. a garage, cabana. ~maest cottage, storage/utility structures, swimming pools), whether existing or new. as long as the new construction is compatible with the historic character of the building and site in term~ of size. scale, massing, desi_tm. and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements rnado to non-contributing principal buildings or their non- contributing accessory structures. be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations; and include, as part of the overall project, visible improvements to the exterior of the structure. Evaluation of Property Used for Government or Nonprofit Purposes: 3 ORD. NO. 10-03 For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section L17.~13 617.0301, Florida Statutes. For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (7) Application for Exemption: (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a ';'~cv. Tax Exemption Application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the PzccConstrucfion Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. (8) Part 1, PzccConstruction Application: A PrccConstruction Application shall be filed with the Planning and Zoning Depa~u,~ent before, ~ the qualifying project is :--2V~atcd constructed. The PzccConstmcfion Application shall also contain information concerning the prc. pc.r, cd estimated cost of the qualifying improvements and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the PzccConstmcfion Application, the Historic Preservation Planner shall review the application and 4 ORD. NO. 10-03 (9) determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) (~.)(a) and is therefore eligible for review by the Historic Preservation Board. Review of Prcc_Construction Application by the Historic Preservation Board: The Historic Preservation Board shall review the 0~__,~ - Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review process simultaneously with the Part 1, Pi'eeC_onstruction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A n .......... ,:_~ s__,:__. ~-rr-vt~ ............ rr ................. Et. ad. If Part I of the Construction Application is submitted after the Project has been completed, the application must be submitted within months from the date of issuance of a Certificate of Occupancy. If the Historic Preservation Board determines that the work, as proposed, is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1~_~ ~.I)(I), the Proc_Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board~ If the Historic Preservation Board determines that the work, as proposed, is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1{E) ~a,{)(1), corrective measures ~h~ ! be prescribed by the Board ~u.c 5 ORD. NO. 10-03 1(!_0t4-) Part 2, Final Application/Request for Review of Completed Work: (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1['E) r~c, fAx the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The ~.Ly Historic PreservaUon Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review of Completed Work as verified by the Historic Preservation Planner. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cc,~t ~ of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-70-3~_, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the .completed improvements are in compliance with the work described m the PzccConstruction Application, approved amendments, if any, and Section 4.5.1~=~ ~{4)q~. After the above mentione~d review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work. as completed~ is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E] r~awAx the applicant shall be advised that the Final Application has been denied. £',:z~ &r:-~l :Eall ~c Lq ~.v~.':g and T~he Historic Preservation Planner shall provide a written summary of the reasons for the determination to ~e_~cant. Appeal to the Historic Preservation Board's Decision: 6 ORD. NO. 10-03 (a) ~ Aany action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals". (124-3) Approval by the City Commission: (a) Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, '~c z.'c..~cz to. a recorded ~ restrictive covenant, as provided in Section 4.5.1(M)(13)~ in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of '..pedo~f--fime the exemption ~eem~i~eff~et, including and the expn:aUon date Historic Preservation Exemption Covenant: To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant, shalt4e-m-a-fovm as established by the Department of State, Division of Historical Resources, shall be in a form anoroved by the Ci.ty of Delray Beach City Attorney's Office and al~l~licable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained dating the period that the exemption is granted. On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of 7 ORD. NO. 10-03 taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. (1_~15) Completion of Work: An applicant must complete all work within two (2) years following the date of approval of a Part 1 Proc_Construction Application by the Historic Preservation Board. A PzccConstrucfion Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Pzc¢Construcfion Application. The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. (1~5$6) Notice of Approval to the Property Appraiser: Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the ~aeesev~mon Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January Ma~a 1st of the year in which an exemption is requested. Therefore. the Final Applicafion/Rec:uest for Review of Completed Work must be submitted no later thah November lst of the year the work was completed in order to process the annlicafion for both the Historic Preservation Board and City CommiSsion approvals. If Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was completed, th, abatement will not take effect until the following year of the date submittal. 8 ORD. NO. 10-03 (16'-1-7) Revocation Proceedings: 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 the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. The Historic Preservation Planner Ec, azd shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph _8 4- of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and fried in the official records of Palm Beach County. Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. 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 mediately upon its passage on second and final reading. 9 ORD. NO. 10-03 PASSE~ AND ADOPTED in regular session on second and final reading on this the _ day of C~ ,2003. City Clerk First Reading ~/. ~, ~O~ Second Reading ~~::~.~ 10 ORD. NO. 10-03 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~) ~-~ - REGULAR M~TING OF MAY 20. 2003 ORDINANCE NO. 10-03 (AMENDING SECTION 4.S.lCM) OF THE LAND DEVELOPMENT REGULATIONS) DATE: MAY 16, 2003 This ordinance is before Commission for second reading and public hearing to amend Section 4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the Code of Ordinances to provide clarification of the tax abatement process and applicability; and consistency with the Florida Administrative Code. At the first reading on May 6, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 10-03 on second and final reading. S:\City Clerk\chevelle folder\agenda memos\Ord. 10.03.5.20.03 TO: THROUGH: PAUL DORLING, DI~L~E~OR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF MAY 6, 2003 AN ORDINANCE AMENDING LDR SECTION 4.5.1(M)~ TAX EXEMPTION FOR HISTORIC PROPERTIES. The proposed text amendment will provide clarification to the tax abatement process within the Land Development Regulations and update them to be consistent with recent amendments to the Florida Administrative Code (FAC) Chapter 1A-38, "Tax Exemption for Historic Properties", effective in September, 2000. The FAC currently allows a tax exemption application to be processed before, during, or after a project has been initiated. Previously, and pursuant to the current LDR's, a project could only be initiated prior to the beginning of the construction, preferably concurrently with site plan and/or Certificate of Appropriateness approval. Given the above, the amendment makes the necessary changes to allow submittal before, during, or after a project is completed. The amendment also modifies the responsible entity providing the written order of Board action from the Board to staff. The amendment adds a time limit for submission of 18 months after construction for Part I of the initial tax exemption request. The amendment further clarifies what improvements are eligible for tax exemption credit. Currently, LDR Section 4.5.1(M)(5), "Qualifying Properties and Improvements," allows an exemption for improvements made to both contributing and non- contributing buildings or structures. The revision will allow the exemption to apply to improvements to contributing principal buildings and their associated accessory structures. Improvements to non- contributing buildings, structures, or any type of new construction on non-contributing properties will not be eligible. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. During its meeting of April 16, 2003, the Historic Preservation Board recommended approval of an LDR text amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties. On April 21, 2003, the Planning & Zoning Board recommended approval of the proposed LDR text amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties. Approve Ordinance 10-03, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Attachment.,' Ordinance 10-03 ORDINANCE NO. 10-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION elY0 "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO PROVIDE CLARIFICATION TO THE TAX ABATEMENT PROCESS AND APPLICABILITY, AND TO BE CONSISTENT WITH THE FLORIDA ADMINISTRATIVE CODE; 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 April 21, 2003 and voted 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: CM) Tax Exemption for Historic Properties: (I) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4 5 1 · · t-.-~ .~mended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Dekay Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: ORD. NO. 10-03 (a) Taxes levied for payment of bonds; Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (3) Duration of Tax Exemption: (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term if zcqacatcd The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (5) Qualifying Properties and Improvements: The following real property in the City is a qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, (ii) is a contributing property to a National Register-listed district; or 2 ORD. NO. 10-03 is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and, has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (ii,'). For an improvement to a historic property to qualify the property for an exemption, the improvement must: be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; be determined an improvement by the Historic Preservation Board as tc ~cct cr2tzr:c, established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines a real property. improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvement shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (.i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new. as long as the new construction is compatible with the historic character of the building and site in terms of size. scale, massing, desi[m. and materials, and preserves the historic relationship between a building or building, landscape features, and open space. The exemption does not apply to improvements made to non-contributing principal buildings or their non- contributing accessory structures. be consistent with Section 4.5.10S), "Development Standards", of the City's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. (6) Evaluation of Property Used for Government or Nonprofit Purposes: 3 ORD. NO. 10-03 For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 6S percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 6!7.913 617.0301, Florida Statutes. For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (7) Application for Exemption: Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a wzlttcn Tax Exemption Application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the PzccConstruction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. (8) Part 1, PzccConstmction Application: A PzccConstruction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is L-2~ated constructed. The PzccConstruction Application shall also contain information concerning the ....... a estimated cost of the qualifying improvemen~ and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the PzccConstrucfion Application, the Historic Preservation Planner shall review the application and 4 ORD. NO. 10-03 (9) determine whether the apphcation is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) /ax/_x and is therefore ehgible for review by the Historic Preservation Board. Review of Pr¢¢Construction Apphcation by the Historic Preservation Board: (a) The Historic Preservation Board shall review the PzccConstruction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review process simultaneously with the Part 1, Pzc¢Construction Application. If site plan approval or a variance is required for the project, the respective applications shah be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A n .......... .:~_ /,--u~_.:~_ Part I of the Construction Application is submitted after thc project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. If the Historic Preservation Board determines that the work. as proposed, is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.10S)~'"~r~*"~v, the PzccConstruction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, __a ,x._ u___a If the Historic Preservation Board determines that the work. as proposed, is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1~F~ ~.~(4), corrective measures shall be prescribed by the Board tko aFFEcz, nt shall kc sc, ad-,-isc, d L-: -,vridng. 5 ORD. NO. 10-03 (1044-) Part 2, Final Application/Request for Review of Completed Work: (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1~ ~,~fA~ the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The .~.~ Historic Preservation Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review of Completed Work as verified bv the Historic Preservation Planner. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total c.c. at expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-70-3~_, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Proc. Construction Application, approved amendments, if any, and Section 4.5.1.~1 t~M)(1)Co). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. If the Historic Preservation Board determines that the work, as completed, is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.$.1 .~_~ ~3{4), the applicant shall be advised that the Final Application has b d nid c.._t, a__:_~ _L_. ~ :_ _.-.-.__ __a Tth Hi ri Preservation Planner shall provide a written summary of the reasons for the determination to the applicant. (111=2) Appeal to the Historic Preservation Board's Decision: 6 ORD. NO. 10-03 (a) v---: ...... a ........ ~.cA y fi tak byth Hi ri P fi ..... ~ ......~ ....... _an ac on en e sto c reserva on Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals". 1(!24-3) Approval by the City Commission: (a) Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, '~c c.-,vncz to a recorded the restrictive covenant, as provided in Section 4.5.1 (M)(13~L in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of pet/od-of-time the exemption ...:n.~ ~...,~.;- -~:- cff~et, including and the pit fi d -c.u- 1(~44) Historic Preservation Exemption Covenant: To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant. ~%db-be-ir:-e4o~m as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City. Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of 7 ORD. NO. 10-03 taxes actually paid in chose years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. (1444) Completion of Work: (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 PrccConstruction Application by the Historic Preservation Board. A PrccConstrucfion Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the PzccConstruction Application. The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. (15-14) Notice of Approval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Pr¢~cz-::.,~c.~. Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January M~.zc.k 1st of the year in which an exemption is requested. Therefore. the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both the Historic Preservation Board and City. Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1 st of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. 8 ORD. NO. 10-03 (164-7) Revocation Proceedings: 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 the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner gc, azd shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation heating in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 -4- of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and fded in the official records of Palm Beach County. Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. 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. 9 ORD. NO. 10-03 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. ATIEST City Clerk First Reading Second Reading MAYOR 10 ORD. NO. 10-03 ,.-'CC?