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30-91 ORDINANCE NO. 30-91 .AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SUBSECTION 4.5.1 ( C ), "DESIGNATION PROCEDURES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY RENUMBERING EXISTING PARAGRAPH 4.5.1(C)(3) TO 4.5.1(C)(8), AND BY ENACTING NEW PARAGRAPHS 4.5.1(C)(3) THROUGH 4.5.1(C)(7) TO PROVIDE FOR PROCEDURES THE HISTORIC PRESERVATION BOARD SHALL FOLLOW PRIOR TO DESIGNATING A SITE AS BEING HISTORIC, INCLUDING PROVISIONS FOR PUBLIC HEARING AND FOR APPROVAL BY THE CITY COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1o 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 ( C ), "Designation Procedures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) The Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. The Board shall then prepare a designation report which shall contain the following: (a) proposed legal boundaries of the historic building, archaeological site, structure, or district~ (b) any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use~ floor area, density, height, setbacks, parking, and minimum lot size~ (c) analysis of the historic significance and character of the nominated property~ and (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. (4) Upon completion and formal review of the report, the Board shall set a public hearing on each proposed designation. Notice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by certified mail. Additional notice shall be given in the same manner as provided for a rezoninq action ~see Section 2.4.2(B)(1)(b)l and by notice published in the newspaper at least ten days prior to the hearing. (5) Once the public hearing date is established, n9 permits shall be issued for any new construction, alteration, relocation, or demolition of the real property included in the nomination. This delay in the issuance of permits will remain in effect until one of the following takes place: (a] The Historic Preservation Board denies the nomina- tion and no appeal is filed pursuant to Section 2.4.7(E)~ or, (b) The City Commission formally approves or denies the nomination. (6) After conducting the public hearing, if the Historic Preservation Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the nomination and the Board's findings to the Cit~ Commission. The City Commission shall consider the recommendation through its standard ordinance adoption procedures, except that at least three affirmative votes of the City Commission is necessa~ to make a designation. In the event that a directly affected property owner objects to the historic designation, the Commission approval shall require a super majority vote of four vote~. (7) After conducting the public hearing, if the Historic Preservation Board does not find that the request fills the criteria, no further action will be required and the request will be deemed denied. However, an appeal may be filed and processed pursuant to Section 2.4.7((E). -%~} (8) The Board will issue an official "certificate of historic significance" to the owner of properties listed individually on the local historic register or judged as contributing to the character of a historic district listed on the local historic register. The Director acting as City Preservation Officer, or his appointee, is authorized to issue and place official signs denoting the geo- graphic boundaries of each historic district listed in the local historic register. 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 deci- sion 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of March ~~~ ST: City Cler~ - / -/ First Readin~ March 13, 1991 Second Readin~ March 26, 1991 ORD. NO. 30-91 BOCA B. ATON NEWS ' DELRAY BEACH NEWS BOYNTON BEACH NEWS Published Daily ,~ ~ w. ~ w ~(~, ~ - ~ ~ ~ ~ ~ Monday thru Sunday ,:. A~ m 5:ff P~, ~y ~ F~y, ~ ~ All i~ Boca ga~on. Palm Beach County, Florida Delray Beach, Palm Beach County, Florlda $~CH, FL~$~, REZ~I~ AND P~Cl~ ~ND P~ES~NT~Y Z~O R-lA (SING~E FMILY RESt~NT~ D~STRI~, IN PART, AND CGENE~L ~ERCZAL~ DfSTRt~, m P~RT, ~N CF (C~UNITY F~ RAY BEACH, ACCORDING TO THE P~T THEREOF RECORDED IN P~T COU~ OF ~LM ~AC~ 8~K 1, PAGE ~ PUBLIC REC~ ~ P~ B~CH C~NW, FLORI~ AND L~TED AT THE ~TH~ST CORNER OF N.W. ~TH AVENUE AgO N.W. 1ST STREET; AND MNDI~ ~ONI~ DISTRICT ~P, DELRAY un~r~i~n-~_~ --o -- - -------~auth°~ltv~ - -oersonallv EEACH, FLORJ~ I~; Pn~lOl~ A GENER~ REELER C~USE; Before PROVIDI~ A ~VI~ C~USE; PROVSDI~ AN EFFECTIVE ~TE. appeared NANCY WA~ who on oath says ~ha~ she is ~he C~assffied Advertising ~anager o~ ~he Boca Raton News and the Delray Beach News. daily .Ac.. FCOmO& M.Om~ C~. (~O..m6 SECTION ~ ~PECIAL ~IVITIES DISTRICT (~)'. ~ THE newspapers published aC Boca Raton in P~m DEVECO~ENT RE~TI~S OF THE CODE ~ DELRAY BEACH, Beach County. Florida; that the at~ched copy of ~ ,.,~,~ ..o~ ..,~ ..~.m ~.~ ~.~c~,.~ advertisement was published in said newspapers ~K~,o~ u.m.. ~.~.~.Y. ~o.~,~ ~o. ~.~m,~ ~ ~.s C~USE; PR~IDING A~ EFFE~I~ < 8~CH. FLORIO~ ~NDI~ ORDINANCE ~. ~. TO P~OVIOE FOR AN EXTENSI~ ~ THE APPR~AL ~TE FOR THE ~RINA ~Y SAD TO AUGUST ~ 1~: P~VIDI~ A ~VING C~U~: PROVIDING A ~ALER C~USE; PROVIOI~ AN EFFE~IVE AN ORDI~E ~ THE CI~ ~ION OF TH~ CiTY OF B~CH. FLORIDA, ~ENDING ~ER ~, ~AR~GE AMD TRASh, SUBH~DI~ 'RATES AND C~RGE~, ~ THE C~ OF ORDINANCES Affiant further says that the s~d Boca Raton ~.n. ~ET~ OF el221~ FOn C~nGE~. TO P~0VI~ THAT News and De~ay Beach News ~e newspapers pub- .~.~ ~KE ~ ~E~,~E~T ~CC~T~ .ECS,~,~ T~. ~ ~E. lished at Boca Raton. in said P~m Beach County. v.c~ ~ AN ~TER~TE ~T~D ~ COLLECTION; BY ~ENDING SEC- TION S],~, '~L~UEMT PAY~NTS; LtEg', TO PROVIDE THAT DELI~ Florida, Monday through Sunday. and have been QUENT ACCOUNTS RECEIV,NG ~ E MECHANI~L CONTAINERS AND C~EACIAL REFUSE C~TAIMER ~RVICE ~Y IE ASSE~ED entered as second class matte~ ~t the post office ~ ~?~ ~EE ~ 1~ ~ERCEgT ~ AN ~TER~TE MET~ OF COLLEC- TION; ~R~IOI~ A UVI~ C~U~; P~OVIDI~ A GENERAL ~EPEAC- Boca Raton, Palm Beach County, Florida, for a pe- riod of one year next preceding the f~st pubHcm- tion of the a$~ched copy of advertisement; and A. 0.O,.~ ~ ~.~ C,. C~,U~ ~ T.~ C.T. 0~ SEACH, FhORI~, MENDI~ AF~NOIX ~ ~ THE ~N0 DEvEm0P- affimnt further says thaG she has neither paid nor ~E.T ~ESU~TI~ ~ THE ~M ~ 0nD~KES ~ ?.E CITY 0F promised any person, f~m or corpora~on any dis- ~.~. ~., .. .~,~ ,.. ~.,.mo. count, rebate, commission or refund for the p~- ~,ce, ~ ~,~.T ~, ~ ~,o,v,s,o~, ~ SUWVI~, ~ ~ M ~TAKE ABUSE; BY pose of securin~ this advertisement for pub~catlon oEc.,~ ~lnE~ ~ T~ ~ ~ ~VISI~ IN ~E DEFINIT~ ~ ~S~ ~ A ~V~ C~USE; ~ ~d ~W~. ~G A ~ ~E~ ~; ~ A~ EFFE~IVE DATE. Sworn to a subscribed before me this ~ k ~ ~,~ msim ,~ ~mm ~ ~c VIDt~ AN ~FE~tVE ~TE.