12-93 ORDINANCE NO. 12-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.5.1(J), "HISTORIC PRESERVATION
BOARD TO ACT ON VARIANCE REQUESTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE
ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN
HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of providing additional flexibility to promote
the adaptive reuse of structures within historic districts; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
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 ~vironmental Management Districts", Section 4.5.1,
"Historic Preservation Sites and Districts", Subsection 4.5.1(J),
"Historic Preservation Board to Act on Variance Requests", 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:
(J) Historic Preservation Board to act on
Variance Requests: Pursuant to the powers granted in
Section 2.2.6(D), the Historic Preservation Board
shall act on all variance requests, within a Historic
District or on a Historic Site, which otherwise would
be acted upon by the Board of Adjustments. In acting
on such variance requests the Board ~I may be
guided by the following ~//~~//~ as an
alternative to the criteria normally used by the Board
of Adjustments.
(1) That a variance is necessary to
maintain the historic character of property through
demonstrating that:
(a) A variance would not be contrary
to the public interest, safety, or
welfare.
(b) Special conditions and
circumstances exist, because of
the historic setting, location,
nature or character of the land,
structure, appurtenance, sign, or
building involved, which are not
applicable to other lands,
structures, appurtenances, signs,
or buildings in the same zoning
district, which have not been
designated as historic sites or a
historic district nor listed on
the Local Register of Historic
Places.
(c) Literal interpretation of the
provisions of existing ordinances
would alter the historic character
of the historic district or
historic site to such an extent
that it would not be feasible to
preserve the historic character of
the historic district or historic
site.
(d) The variance requested is the
minimum necessary to ~~//~h~
~~///~f preserve the
historic'character of a historic
site or of a historic district.
(2) Or, as an alternative to subsection
(J) (1), that a variance is necessary to accommodate an
appropriate adaptive reuse of a structure within a
Historic District or upon a Historic Site through
demonstrating that:
(a) A variance would not be contrary
to the public interest~ safety, or
welfare.
(b) The variance would not
significantly diminish the
historic character of the Historic
District or Site.
(c) That the variance requested is the
minimum necessary to effect the
adaptive reuse of an existing
structure or site.
(~) The Board shall otherwise follow all
procedures~ and impose conditions~/~MM/~R~//f~M~M~
as required of the Board of Adjustments
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
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of February , 1993.
ATTEST:
~ City C~erk ~ ~
First Reading January 26, 1993
Second Reading February 9, 1993
- 2 - Ord. No. 12-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~!~
SUBJECT: AGENDA ITEM ~ /Or - MEETING OF FEBRUARy 9, ~993
0RDINAN~E NO, 12-93
DATE: February 5, 1993
This is the second reading of an ordinance amending the Land
Development Regulations to provide additional criteria for granting a
variance in Historic Districts.
This requested change came about as a result of a workshop discussion
among members of the Historic Preservation Board, Planning and Zoning
Board and the task team looking at the Old School Square Historic Arts
District regulations. The reason behind the amendment is to provide
additional flexibility to promote the adaptive reuse of structures
within Historic Districts.
The Planning and Zoning Board at their January llth meeting
recommended approval of the amendment. A detailed staff report is
attached as backup material for this item.
At the January 26th regular meeting, Ordinance No. 12-93 was passed on
first reading by a 3-0 vote (Mayor Lynch and Mr. Randolph left
chambers).
Recommend approval of Ordinance No. 12-93 on second and final reading.
ORDINANCE NO. 12-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.5.1(J), "HISTORIC PRESERVATION
BOARD TO ACT ON VARIANCE REQUESTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE
ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN
HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of providing additional flexibility to promote
the adaptive reuse of structures within historic districts; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
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(J),
"Historic Preservation Board to Act on Variance Requests", 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:
(J) ~istori¢ Preservation Board to act on
Variance Requests: Pursuant to the powers granted in
Section 2.2.6(D), the Historic Preservation Board
shall act on all variance requests, within a Historic
District or on a Historic Site, which otherwise would
be acted upon by the Board of Adjustments. In acting
on such variance requests the Board ~II may be
guided by the following ~//~~//~ as an
alternative to the criteria normally used by the Board
of Adjustments.
(1) That a variance is necessary to
maintain the historic character of property through
demonstrating that:
(a) A variance would not be contrary
to the public interest, safety, or
welfare.
(b) Special conditions and
circumstances exist, because of
the historic setting, location,
nature or character of the land,
structure, appur{enance, sign, or
building involved, which are not
applicable to other lands,
structures, appurtenances, signs,
or buildings in the same zoning
district, which have not been
designated as historic sites or a
historic district nor listed on
the Local Register of Historic
Places.
(c) Literal interpretation of the
provisions of existing ordinances
would alter the historic character
of the historic district or
historic site to such an extent
that it would not be feasible to
preserve the historic character of
the historic district or historic
site.
(d) The variance requested is the
minimum necessary to ~~//~
~~///~f preserve the
historic character of a historic
site or of a historic district.
(2) Or, as an alternative to subsection
(J) (1), that a variance is necessary to accommodate an
appropriate adaptive reuse of a structure within a
Historic District or upon a Historic Site through
demonstrating that:
(a) A variance would not be contrary
to the public interestf safetyf or
welfare.
(b) The variance would not
si~nificantl~ diminish the
historic character of the Historic
District or Site.
(c) That the variance requested is the
minimum necessary to effect the
adaptive reuse of an existinq
structure or site.
(Z~) The Board shall otherwise follow all
procedures~ and impose conditions~/~/~//f~
as required of the Board of Adjustments.
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
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 12-93
CITY COMMISSION DOCUMENTATION
TO: ~-4)AVID T. HARDEN, CITY MANAGER
THRU: ~gf~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 1993
FIRST READING~ ORDINANCE AMENDING LDRs SECTION
4.5.1(J) TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A
VARIANCE IN HISTORIC DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is:
* 4.5.1(J): Historic Preservation Board to Act on
Variance Requests
BACKGROUND:
This requested change came about during a workshop discussion
among members of the Historic Preservation Board (HPB), the
Planning and Zoning Board, and the task team looking at the
OSSHAD District regulations. The reasoning behind the
regulation is that of providing additional flexibility to
promote the adaptive reuse of structures within Historic
districts.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 11, 1993. Mr. Sandy Jamison of
the HPB addressed the item and supported the amendment. Mr.
Jamison also suggested that the additional criteria for granting
City Commission Documentation
First Reading, Ordinance Amending LDRs 4.5.1(J)
Criteria For Granting a Variance in Historic Districts
Page 2
variances in historic districts be allowed to be used as an
alternative to, rather than in addition to, the criteria used by
the Board of Adjustments.
The Board then forwarded the item with a recommendation of
approval on a 5-0 vote (Currie and Felner absent).
RECOMMENDED ACTION:
By motion, approval on first reading of the following amendments
to LDR Section 4.5.1(J):
(J) Historic Preservation Board to act on Variance
Requests: Pursuant to the powers granted in Section 2.2.6(D),
the Historic Preservation Board shall act on all variance
requests, within a Historic District or on a Historic Site,
which otherwise would be acted upon by the Board of Adjustments.
In acting on such variance requests the Board ~M~ may be
guided by the following ~ ~~ ~ as an alternative to the
criteria normally used by the Board of Adjustments.
(1) That a variance is necessary to maintain the historic
character of property through demonstrating that:
(a) A variance would not be contrary to the public
interest, safety, or welfare.
(b) Special conditions and circumstances exist, because of
the historic setting, location, nature or character of
the land, structure, appurtenance, sign, or building
involved, which are not applicable to other lands,
structures, appurtenances, signs, or buildings in the
same zoning district, which have not been designated
as historic sites or a historic district ~ nor
listed on the Local Register of Historic Places.
(c) Literal interpretation of the provisions of existing
ordinances would alter the historic character of the
historic district, or historic site to such an extent
that it would not be feasible to preserve the historic
character of the historic district or historic site.
(d) The variance requested is the minimum necessary to
~~ ~ ~~Z~ ~f preserve the historic
character of a historic site or of a historic
district.
(2) Or, as an alternative to Sub-Section (J)(1), that a
variance is necessary to accommodate an appropriate adaptive
reuse of a structure within a Historic District or upon a
Historic Site through demonstrating that:
City Commission Documentation
First Reading, Ordinance Amending LDRs 4.5.1(J)
Criteria For Granting a Variance in Historic Districts
Page 3
(a) A variance would not be contrary to the public
interest~ safety~ or welfare.
(b) The variance would not siqnificantly diminish the
historic character of the Historic District or Site.
(c) That the variance requested is the minimum necessary
, to effect the adaptive reuse of an existinq structure
or site.
(Z~) The Board shall otherwise follow all procedures~ and
impose conditions~ ~ ~ f~~ as required of the Board of
Adjustments.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DD\T:CCHISVAR.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE ADDITIONAL CRITERIA FOR
GRANTING A VARIANCE IN HISTORIC DISTRICTS
ITEM BEFORE THE BOARD:
The item before the Board~-is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The changes contemplated will
accommodate the granting of a variance based upon a basis
dealing with "adaptive use". This criteria would be
applicable only within Historic Districts or upon Historic
Sites.
BACKGROUND:
The need for special relief for adaptive reuse, particularly
within the older sections of the community and in the historic
districts, has been an item of discussion for quite awhile.
These discussions were, perhaps, most intense early in 1991.
After some Joint meetings with the City Commission, Historic
Preservation Board, the Planning and Zoning Board, and others, a
commitment to look at the situation was made. Subsequently in
task team meetings by the group looking at the OSSHAD District,
there was an apparent conclusion that, based upon a review of
actual variance considerations, additional criteria was not
needed .... the record showed that most variances which were
applied for, within Historic Districts, were granted.
Later, at a worksession discussion with task team members,
representatives of HPB and OSSHOD and the Planning and Zoning
Board the issue was raised again and it was thought that it
would be appropriate to establish a special criteria focused
upon "adaptive reuse" and that it be applied only within
Historic Districts.
This subject is raised, concurrently with proposed amendments to
the OSSHAD District.
TEXT AMENDMENT:
PROPOSED AMENDMENT TO SECTION 4.5.1(J) FOR THE PURPOSE OF
BROADENING THE BASIS UPON WHICH A VARIANCE CAN BE GRANTED
WITHIN HISTORIC DISTRICTS~
Section 4.5.1 Historic Preservation Sites and Dlstricts~-
(J) Historic Preservation Board to act on Variance
Requests~ Pursuant to the powers granted in Section 2.2.6(D),
· P&Z Memorandum Staff.Report
LDR Text Amendment Re Additional Criteria for
Granting a Variance in Historic Districts
Page 2
the Historic Preservation Board shall act on all variance
requests, within a Historic District or on a Historic Site,
which otherwise would be acted upon by the Board of Adjustments.
In acting on such variance requests the Board shall be guided by
the following in addition to the criteria normally used by the
Board of Adjustments.
(1) That ,a variance is necessary to maintain the
historic character of property through demonstrating that:-
(a) A variance would not be contrary to the
public interest, safety, or welfare.
(b) Special conditions and circumstances
exist, because of the historic setting,
location, nature, or character of the' land,
structure, appurtenance, sign or building
involved, which are not applicable to other
lands, structures, appurtenances, signs, or
buildings in the same zoning district which
have not been designated as historic sites
or a historic district nor listed on the
Local Register of Historic Places.
(c) Literal interpretation of the provisions
of existing ordinances would alter the
historic character of the historic district,
or historic site to such an extent that it
would not be feasible to preserve the
historic character, of the historic district
or historic site.
(d) The variance request is the minimum
necessary to maintain the preservation of
the historic character of a historic site or
of a historic district.
(2) Or, as an alternative to Sub-Section (J)(1), that
a variance is necessary to accommodate an appropriate adaptive
reuse of a structure within a Historic District or upon a
Historic Site throuqh demonstrating that:
(a) A variance would not be contrary to the
public interest~ safety, or welfare.
(b) The variance would not siqnificantly
diminish the historic character of the
Historic District or Site.
(c) That the variance requested is the
minimum necessary to effect the adaptive
reuse of an existinq structure or site.
P&Z Memorandum Staff Report
LDR Text Amendment Re Additional Criteria for
Granting a Variance in Historic Districts
Page 3
(Z~) The Board shall otherwise follow all procedures,
impose conditions, and make findings as required of the Board of
Adjustments.
ANALYSIS/BASIS FOR THE PROPOSED AMENDMENTs
The reason being the above proposal is to be able to
accommodate variances based upon a finding pertaining to
accommodation of adaptive reuse of a structure. While this
new criteria will be mainly imposed upon properties which
have no historic significance themselves, it will also apply
to the adaptive reuse of historic structures. In the first
instance, without the proposed amendment, only the standard
variance criteria would apply. That criteria is not suited
for accommodating the unique objectives of mixed use
districts such as OSSHAD. Also, due to the unique nature of
OSSHAD (the only true mixed use zone district currently in the
LDRs, besides SAD), some historic structures may be hindered in
efforts of adaptive reuse due to site constraints not associated
historic features [i.e. current basis for a variance - ref
(J)(1)].
RECOMMENDED ACTION:
By motion, forward the proposed changes to the LDRs which expand
the variance authority within Historic Districts when based upon
consideration of "adaptive reuse" along with a finding that the
proposed change is consistent with the Comprehensive Plan and
furthers Objective A~A-e~the Future Land Use Element.
Report prepared by~~A~~_
DJK/PZVARI.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM # ;~ - MEETING OF JANUARY 26, 1995
ORDINANCE NO. 12-93
DATE: January 22, 1993
This is first reading of an ordinance amending the Land Development
Regulations to provide additional criteria for granting a variance in
Historic Districts.
This requested change came about as a result of a workshop discussion
among members of the Historic Preservation Board, Planning and Zoning
Board and the task team looking at the Old School Square Historic Arts
District regulations. The reason behind the amendment is to provide
additional flexibility to promote the adaptive reuse of structures
within Historic Districts.
The Planning and Zoning Board at their January llth meeting
recommended approval of the amendment. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 12-93 on first reading.
BOCA BATON ~ I)ELRAY~~~ BOYN] ON BFACU~ DEERFIFLD I~FACI! I~ ~11 J I~ OF~EGU~TiONSTHE LANDoF THEDEV[uOPMENTcoDE OF
A PUBLIC HEARING will N NI~ o~ OROINANC~S OF THE CITY OF
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STATE OF FLORIDA ~.o~,~o.,i ...... sc.~L SQUAR~ HISTO,IC A,TS
COUNTY OF PALM BEACH ~,- ~.o o~v~O~E.. ,~OU~A-
Before the undersigned authority personally ~,ss,o. o~ TH~ CITY O~ OEL~AY "EACH. ~O"IOA; ~"OVIOING A
appeared Nancy Smith, Inside Sales Man- T,ONDEVELOPMENT,.6.7, ~IGNS',REOU~TioNsOF THE ~,OoF TIvEPEALERDATE.CLAUSE' AND AN EF;EC.
ager of The News, daily newspapers pub- THEREPEALiNGCITY OF DELRAYsuB.SUBSECTioNBEACH BY
lished in Boca Baton in Palm Beach County, 4.6.7(C)(S), 'BANNER SIGNS AND AN ORDINANCE OF THE CITY CO~
Florida; that the attached copy of advertise- SU~SUBSECTION i.&I(C)(/}, BEACH, FLORIDA, ~ENDING
mont was publishod in s~id newspapers in ~o~,,~ ~o~ ,~ ~o~,,,,~o~ ,,o~r..~o~,~
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newspaper published in Boca Baton, in said ~m ,,0.s., s~cT,o. ,.,.~,
Palm Beach County, Florida. Monday .. 0.Dl..MCE OF THE CITY C~ TION (C}, OF Y.~ ~.0
MISSION OF THE CiTY ~ ~LRAY MENT REGU~T~ONS OF THE
B~H, F~RI~ ~NDI~ SEC- C~E OF OROINANCES OF THE
through Sunday, and has been enteredas T,O. ~.,S O' TH~ CO~ O~ O*Ol- CITY OF ~L"A' 8EACN,
second class matter at the post office in ..~cT.o. o~ TH~ ..M.E. ~ STANDS. .EA~UARTERS
ALTERNATE M~BERS OF THE NECE$~RY $UP~RT F~ILITIES~
Boca Raton. Palm Beach County. Florida, ~.~o~,o,~.~o.c.~.. ~..o; .s ~ ..~,.~0
for a period of one year next preceding the E, C~USE, A ~VING C~USE, C~USE, A GENERAL REPEALE*
first publication of the attached copy of ~.~
advertisement; and affiant further says that ~. o.o,.~.c~ ~ T~ C,T. C~
he has neither paid nor promised any ~,~,~ o~ ~ c,~ o~ 0~. .. ~o,.*.CE ~ T.~ C,..
poison, fi~m o~ co~poF~tion any discount, ~[~~t~. ~, ~o~,~o ~touu.
TICU~RLY ~RIBED HEREIN, TION~, SECTION 4.3.I(K),
rebate, commissionorrefund for the pur- FR~ ~ (~NNEO C~R- ~VELOPMENT STANOAROS
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pose of securing this advertisement for pub- (AUT~TIVt C~*ClAL) ~ ~ENT "EG.~TIO"S
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FLORI~ 1~; PROVIDING A T~ICTS FR~ ~ FEET TO
GENE~L REPEALER C~USE, A FEET; PROVIDING A ~VING
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AN ~OINA~E ~ THE C~ C~ ~ ~ e ~1 ~
BEACH, FL~IO~ ~NOI~ A~ ~ e ~ ~ ~
Sworn to and subscribed before me this T., ~.o ~V~OP~.T "~ .ill ~ , ,~, . ~
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~ ~ ~ CITY ~ DELRAY $~CH
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(Seal, Notary ~ State of Florida at large) ~