Ord 55-07/.
ORDINANCE NO. 55-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING
SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING
THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING
FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE
HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING
AND QUORUM", PROVIDING FOR VOTING; AND AMENDING
SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING
FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD
TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION
4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6),
"DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS",
PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL
FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach has the authority to protect the
health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Dekay Beach has the authority to make regulations
pertaining to land use and development within the City of Dekay Beach; and
WHEREAS, the City Commission of the City of Dekay Beach believes that protecting and
preserving historic properties/districts farthexs its goals of promoting health, safety and welfare by
preserving the history of the City for the welfare of future generations; and
WHEREAS, the City Commission of the City of Dekay Beach desires to preserve the property
values of all land owners in historic districts and/or individually designated historic properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its
Land Development Regulations pertaining to historic properties/districts in order to provide guidance for
those citizens that live or own property in historic properties/districts.
WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have
wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this
ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale,
mass, facade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square
footage; and
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WHEREAS, the City Commission desires and intends that the limitations provided in the overlay
and zoning district regulations shall serve as a maximum upper limit and these Historic Preservation Design
Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied
to properties within all historic districts in the Ciry of Dekay Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code
of Ordinances of the Ciry of Dekay Beach, Florida, is hereby amended to read as follows:
Section 1.4.3 Enforcement:
(A) Code Enforcement Board/Hearing Officer and County Court: When The Ciry
Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have
concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an
order to correct a violation and when a hearing is sought with respect to an alleged violation, the
matter shall be decided by the Code Enforcement BoardLHearing Officer pursuant to Chapter 37 of
the City Code.
(B) A Certificate of Occupancy shall not be issued for any building, ox structure, ox
portions thereof, that fails to meet all applicable requirements of these Land Development
Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a
violation of Code and shall be grounds for issuance of a stop work order ox cease and desist order
by the Chief Building Official, and other remedies set forth herein.
(C) Nothing herein shall prevent the Ciry of Dekay Beach from taking such other lawful
action deemed necessary to prevent ox remedy any violation.
~Dl The neglect of individually designated historic structures and/ox structures located
within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 1.4.4 Penalty:
(A) Violation of the provisions of these Regulations, or failure to comply with any of its
requirements, including violations of conditions and safeguards established in connection with
grants of variances ox conditional uses shall constitute a punishable violation. Any person who
violates these Regulations, or fails to comply with any of its requirements, may be issued a civil
ORD. NO. 55-07
citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to
Chapter 37 of the City's Code of Ordinances and shall upon conviction thereof, be fined not
more than $500 or imprisoned for not more than 60 days, ox both, and shall pay all costs and
expenses involved in the case. Each day such violation continues shall be considered a separate
offense.
(B) The owner ox tenant of any building, structure, premise, or part thereof, and any
architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists
in, ox maintains such violation, may each be found guilty of a separate offense, and suffer the
penalties provided herein.
(C) In addition to any and all other penalties, any person who carries out ox causes to be
carried out any work in violation of Section 4.5.1 shall be required to restore the subject
improvement, building, site, structure, appurtenance, or landscape feature, either to its
appearance prior to the violation or in accordance with its certificate of appropriateness required by
the Historic Preservation Board.
~D~ Structures that axe individually designated as historic ox are located in historic
districts shall be maintained in a secure and attractive manner. Neglect of historic
structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section
100.10 of the City's Code of Ordinances and shall result in maximum penalties.
{Bj~E,l Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
Section 3. That Section 2.2.6, "The Historic Pxeseroation Board", Subsection 2.2.6(C),
"Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one regularly scheduled
business meeting each month and it shall be held in the evening hours.
(2) Foux members of the Board shall constitute a quorum.
(3) iVe An application for a Certificate of Appropriateness shall be a_ __= =.___r.
apnroved by a majority of the members present and
votine.
Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties,
Powers and Responsibilities", of the Land Development Regulations of the Code of Ordinances of the City
ORD. NO. 55-07
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of Delray Beach, Florida, is hereby amended to read as follows:
(D) Duties, Powers and Responsibilities:
(1) Develop, maintain, and update a survey of archeological sites, properties,
buildings, structures, and districts of special historic, aesthetic, architectural, culmxal, ox
social value or interest. The Board will endeavor to improve, expand, and make more
accurate the survey as additional documents, information, oral histories, and other such
materials may become available, and it will periodically reevaluate the survey. The Board will
work with the City Historical Society, the State Bureau of Historic Preservation, and other
appropriate public and nonprofit organizations in maintaining this survey.
(2) Nominate properties fox designation, and regulate such properties, structures,
buildings, sites, districts, and the like so designated as historic sites and/ox historic districts.
(3) Participate in the National Register program to the greatest possible extent,
as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966
and regulations and rules drafted pursuant hereto by the National Park Service and the State
Bureau of Historic Preservation.
(4) Act as a regulatory body to approve, deny, or modify certificates of
appropriateness as specified in Section 2.4.6Q). In addition to the Zoning District
Regulations the Historic Preservation Board shall apply the visual compatibility standards
provided for in Section 4.5.10E f81 with regard to height, width. mass, scale. facade,
(5) Make recommendations conceming land development code amendments to
the Planning and Zoning Board, and concerning building code amendments to the Chief
Building Official, as they apply to Historic structures and districts.
(6) Act in lieu of Board of Adjustment The Historic Preservation Board shall
act in lieu of the Board of Adjustment and is empowered to grant variances from existing
ordinances for properties designated as historic sites, within designated historic districts ox
listed on the Local Register of Historic Places. In addition, the Board is empowered to grant
variances from the sign code fox those nonconforming signs which existed at the time of
enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section
2.4.7(B)].
(7) Develop, establish, and regulate guidelines concerning contemporaneous
architectural styles, colors, building materials, and so forth fox historic sites and within
historic districts. Such guidelines will be subject to review by the Site Plan Review and
4 ORD. NO. 55-07
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Appeazance Board and the Planning and Zoning Board, and will be subject to approval by
the Commission. The Board's consideration and approval of certificates of appropriateness
under these guidelines shall be in lieu of consideration and approval by the Site Plan Review
Board.
(8) Make recommendations to the Commission about facade easements, the
imposition of other restrictions, and the negotiation of contracts for the purposes of historic
preservation.
(9) Increase public awazeness of the value of historic preservation by developing,
conducting, and participating in public education programs.
(10) Make recommendations to the Commission concerning the use of grants from
federal and state agencies, and the use of City funds to promote the preservation and
conservation of historically and aesthetically significant archaeological sites, historic sites,
and historic districts.
(11) Evaluate, comment upon, and make recommendations to the Commission
concerning the deliberations and decisions of other public agencies affecting the physical
development and appearance of historically and aesthetically significant archaeological sites,
historic sites, and historic districts.
(12) Contact public and private organizations, businesses, and individuals and
endeavor to arrange agreements to help insure the conservation and preservation of
historically and aesthetically significant sites, buildings, structures, and districts far which
demolition ox destruction is proposed.
(13) In the name of the City, and only with the express approval of the Commission,
seek, apply fox, solicit, receive, and expend any federal, state, ox private giant, gift, ox bequest
of any funding, pxopexry, or interest in property to further the purposes of historic and
heritage conservation and preservation.
(14) Make recommendations to the Commission, and by referral to the Planning and
Zoning Boazd, to make historic preservation concepts an integral and ongoing part of all
Ciry planning and zoning codes, the City land use plan, and any comprehensive use planning
required by this state.
(15) Create and approve standardized historic markers and plaques and issue
recognition to designated historic sites and historic districts within the Ciry.
(16) Advise the Commission on all matters related to the use, administration, and
maintenance of city-owned designated historic sites and historic districts.
5 ORD. NO. 55-07
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(17) Execute any other functions which may be approved by ordinance ox resolution
of the Commission.
(18) Demonstrate a spirit of cooperation with and provide administrative assistance
to property owners in the conservation and preservation of historic sites and properties
within historic districts.
(19) Develop and maintain a Historic Preservation Manual for the City to help
property owners fulfill the regulations and requirements of this section and the regulations
fox historic preservation developed by the Historic Preservation Board and approval by the
Commission.
Section 5. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(E),
"Development Standards", Subsection 4.5.1(E)(6), "Demolition", of the Land Development Regulations of
the Code of Ordinances of the City of Dehay Beach, Florida, is hereby amended to read as follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(E) Development Standards:
(6) Demolition. Demolition of historic sites; ox archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts will shall be regulated by
the Historic Preservation Board in the manner described in Section 4.5.1(F~. Demolition of
any structure whether contributing ox non-contributing, shall not occur until a building permit
has been issued fox the HPB approved redevelopment. All structures approved for demolition
and awaiting issuance of a building~ermit fox the redevelopment shall be maintained in a
manner similar to that in which it existed at time of application unless the Chief Building
Official determines that an unsafe building condition exists in accordance with Section
4.5.? fGl•
Section 6. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(F~,
"Restrictions on Demolitions", of the Land Development Regulations of the Code of Ordinances of the
City of Dekay Beach, Florida, is hereby amended to read as follows:
(F) Restrictions on Demolitions: No structure within a Historic District or on a Historic
Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section
2.4.6 €ar-thaese. The Historic Preservation Board shall be guided by the following in
considering such a request.
(1) The Historic Preservation Board upon a request fox demolition by a property
owner, shall consider the following guidelines in evaluating applications for a certificate of
ORD. NO. 55-07
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appropriateness fox demolition of designated historic sites, historic interiors, or buildings,
structures, ox appurtenances within designated historic districts;
(a) .Whether the structure is of such interest ox quality that it would
reasonably fulfill criteria for designation fox listing on the national register.
(b) Whether the structure is of such design, craftsmanship, ox material that
it could be reproduced only with great difficulty ox economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, azchitectuxe, and design, or
by developing an understanding of the importance and value of a particular culture and
heritage.
(e) Whether there are deftnite a~unroved plans for immediate reuse of the
property if the proposed demolition is carried out, and what effect those plans will
have on .L _n.~- the surrounding area.
(2) No decision of the Boazd shall result in undue economic hazdship for the
property owner. The Board shall have authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found in Subsection (11).
(3) The Board's refusal to grant a Certificate of Appropriateness requested by a
property owner for the purpose of demolition will be supported by a written statement
describing the public interest that the Board seeks to preserve.
(4) The Board may giant a Certificate of Appropriateness as requested by a
property owner, for demolition which may provide fox a delayed effective date. The effective
date of the certificate will be determined by the Board based on the relative significance of the
structure and the probable time required to arrange a possible alternative to demolition. the
Boazd may delay the demolition of designated historic sites and contributing buildings within
historic districts for up to six months while demolition of non-contributing buildings within
the historic district may be delayed fox up to three months.
(5) During the demolition delay period, the Board may take such steps as it deems
necessary to preserve the structure concerned. Such steps may include, but are not ]united to,
consultation with community groups, public agencies, and interested citizens,
recommendations for acquisition of property by public or private bodies, ox agencies, and
exploration of the possibility of moving one ox more structures ox other features.
7 ORD. NO. 55-07
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(6) The Board may, with the consent of the property owner, request that the
owner, at the owner's expense, salvage and preserve specified classes of building materials,
azchitectuxal details and ornaments, fixtures, and the like fox reuse in the restoration of the
other historic properties. The Board may, with the consent of the property owner, request
that the Delray Beach Historical Society, or the owner, at the owner's expense, record the
architectural details for archival purposes prior to demolition. The recording may include, but
shall not be limited to photographs, documents, and scaled azchitectuxal drawings to include
elevations and floor plans. Two (2~ copies of such recordings shall be submitted to the City's
Planning and Zoning Department. One (1 to be kept on file and the other to be archived
with the Delray Beach Historical Society. At the Board's option, and with the property
owner's consent, the Boazd or the Delray Beach Historical Society may salvage and preserve
building materials, architectural details, and ornaments, textures, and the like at their expense,
respectively.
(7~ The owner shall provide the following information on his/hex application fox
a~ contributing structure in a historic district ox individuall,~gnated historic structure:
(a) A certified report from a registered architect ox engineer which
provides documentation explaining that the building is structurally unsound and is
damaged beyond the ability to repair it at a reasonable cost. The report must include
photographs to substantiate the damage.
fib) A certified report from an engineer, architect, general contractor, or
other qualified professional which documents the projected cost of repairing the
structure and returning it to a safe and habitable condition.
(c) An apgxaisal of the property in its current condition. its value as vacant
land and its potential value as a preserved and restored historic property.
(dl Documentation that reasonable efforts have been made to find a
suitable alternate location for the structure within the City of Delray Beach to which
the contributing/ individually designated historic structure could be safely relocated.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
pazagxaph, sentence, ox 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 declazed to
be invalid.
8 ORD. NO. 55-07
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Section 8.
hereby repealed.
Section 9.
and final reading.
That all ordinances ox parts of ordinances in conflict herewith be, and the same axe
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this 15's day of January,
2008.
ATTEST:
City Clerk
First Readin \ 3~ ~~~~~
Second Reading_\'`'-'Z'~y °
0.,
MAYOR
9 ORD. NO. 55-07
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: December 26, 2007
SUBJECT: AGENUA ITEM 10,B_-REGULAR CQMMISSION MEETING OF JANUARY 3, 2008
ORDINANCE NO..55-07 (FIRST READING /F IRST PUBLIC IIEARING)
ITEM BEFORE COMMISSION
The item before the City Commission is aCity-initiated amendment to LDR Sections 1.4.3(D), 1.4.4
(A), 1.4.4(D), 2.2.6(C), 2.2.6(D), 4.5.1(E)(6), and 4.5.1(F).
BACKGROUND
A significant concern within the historic districts is demolition by neglect of historically
significant and/or contributing structures. Demolition by neglect happens when the structure is
neglected and left to self-demolition. The proposed amendments provide that the neglect of
individually designated structures and/or structures located within historic districts will
constitute a nuisance violation of the City's Code of Ordinances. The penalty for such violation
will result in a civil citation or notice of violation pursuant to the City's Code of Ordinances.
Additional changes are proposed to existing LDR Sections which provide review criteria for
applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on
Demolition," provides review criteria when any structure within a historic district is proposed for
demolition. Additional language is proposed requiring the property owner to submit information
regarding the state of disrepair, such as certified reports from a registered architect or
engineer noting the structural soundness of the property, and the costs to repair the structure
in order to return it to a safe and habitable condition. In addition, an appraisal is to be provided
of the property's condition 1) at the time of application, 2) value as vacant land, 3) potential
value upon restoration, and 4) documentation that reasonable efforts were made to salvage
the structure through relocation. This information has typically been requested from the
applicant upon first review by the Historic Preservation Board. LDR Section 4.5.1(E)(6) has
been expanded to require demolition applications to be accompanied by the complete
redevelopment application, and that the two requests be reviewed and decided upon
concurrently. Further, the new language will require that demolition not take place until the
building permit for the new development is issued. The intent is to avoid leaving empty lots if
the redevelopment project is not built and to provide time for the applicant to investigate
relocation of the structure.
Additional minor LDR revisions include clarification that a majority of the HPB members
present and voting may approve a COA application, and that the Board has the authority to
apply more restrictive standards than the maximums identified in the zoning regulations in
order to achieve compliance with the visual compatibility requirements of LDR Section 4.5.1(E)
($)~
REVIEW BY OTHERS
The Pineapple Grove Main Street committee reviewed the subject amendments at its November 7,
2007 meeting and unanimously recommended approval.
The Historic Preservation Board (HPB) considered the subject amendments at its November 7, 2007
meeting, and recommended approval by a vote of 5-2 (Lake and Kucera-Winney dissenting).
The Community Redevelopment Agency (CRA) considered the subject amendments at its November
8, 2007 meeting and unanimously recommended approval.
The Downtown Development Authority (DDA) considered the subject amendments at its November
12, 2007 meeting, and unanimously recommended approval.
The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their
November 14, 2007 meeting, abstained from making a recommendation due to lack of information. The
subject information was submitted to the CRA for review by WARC on Wednesday, November 7, 2007,
by the Planning and Zoning Department. However, this information was not included in the members'
packets.
The Planning and Zoning Board originally considered the subject amendments at its meeting of
November 19, 2007. The item was tabled to the Special Meeting of December 3, 2007 over concerns
relating to the requirement to submit a complete redevelopment proposal with all demolition requests of
both contributing and non-contributing structures. At the meeting of December 3, 2007, the Planning
and Zoning Board considered the subject amendments for a second time. The Staff Report provided the
Board with three "Options" (see Appendix A of the attached Planning and Zoning Board Staff Report)
to the proposed language of LDR Section 4.5.1(E)(6).
After significant discussion, the Board recommended "Option C" to be included with LDR Section 4.5.1
(E)(6) which permits a demolition request for a structure, regardless of its historic classification, to be
reviewed and approved by the HPB without concurrent review of the redevelopment plans, yet does not
allow the demolition to take place until the building permit has been issued for the site's redevelopment.
The current and proposed language is as follows:
Current Ordinance:
Demolition of historic siEeror archaeological sites, or buildings, structures, improvements,
and appurtenances within historic districts irisshall be regulated by the Historic
Preservation Board in the manner described in Section 4.5.1(F). Demolition_applications
shall be accompanied by a complete application for redevelopment of the
property. Approvals for demolition. shall not be granted until the redevelopment application
has been approved. The demolition shall not occur until a building permit has been issued
for the redevelopment.
Proposed Language;
Demolition of historic seferor archaeological sites, or buildings, structures, improvements,
and appurtenances within historic districts irisshall be regulated by the Historic
Preservation Board in the manner described in Section 4.5.1(F). Demolition of any
structure, whether contributing ornon-contributing, shall not occur until a building permit
has been issued for the HPB approved redevelopment. All structures approved for
demolition and awaiting issuance of a building permit for the redevelopment shall be
maintained in a manner similar to that in which it existed at the time of application.
The Board also recommended removal of the language included in LDR Section 2.2.6(D)(4), regarding
the authority of the HPB to apply more restrictive standards than those provided within the zoning
regulations in order to achieve visual compatibility.
The proposed language that the Planning and Zoning Board recommended to not include in the
ordinance is underlined below:
LDR Section 2.2.6(D)(4) Act as a regulatory body to approve, deny, or modify certificates of
appropriateness as specified in Section 2.4.6(J). The Historic Preservation Board shall have
authority to apply more restrictive standards than the maximums identified in the zoning
regulations in order to achieve visual cornparibility in accordance with Section 4.5.1(E)(8).
The City Commission considered the request at their December 11, 2007 meeting. The
Commission raised two concerns, the first that the demolition Section 4.51(E)(6) should cgntain
a clause to deal with unsafe buildings and the second that language related to the regulatory
authority of the HPB under Section 2.2.6 (D)(4) be reworded. The ordinance has been amended
to address each of the concerns and is now ready for City Commission consideration.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 55-07, amending the Land Development
Regulations (LDRs) and incorporating the Planning and Zoning Board's recommended language under
LDR Section 4.5.1(E)(6), and retaining the proposed language under LDR Section 2.2.6(D)(4) by
adopting the findings of fact and law contained in the staff report and finding that the text amendments
are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M).
ORDINANCE N0.55-07
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE QTY OF DELRAY BEACH BY AMENDING
SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING
THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING
FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE
HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING
AND QUORUM", PROVIDING FOR VOTING; AND AMENDING
SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING
FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD
TO APPLY THE HISTORIC COM['ATIBILITY REGULATIONS; SUBSECTION
4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6),
"DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS",
PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL
FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Corrnnission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and '
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
Wf IEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving
historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history
of the Gty for the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values
of all land owners in historic districts and/or individually designated historic properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its
Land Development Regulations pertaining to historic properties/districts in order to provide guidance for
those citizens that live or own property in historic properties/districts.
WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have wide
discretion to limit overlay and caning district requirerrients fettered by the limitations provided in this
ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale, mass,
facade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and
WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and
carting district regulations shall serve as a m~xirrnun upper limit and these Historic Preservation Design
Guidelines codified in this ordinance shall provide additional limitations that maybe considered and applied to
properties within all historic districts in the City of Delray Beach
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of
Ordinances of the Qty of Delray Beach, Florida, is hereby amended to read as follows:
Section 1.4.3 Enforcement:
(A) Code Enforcement Board/Hearing Officer and County Court: When The Qty
Code Enforcement Board/Hearing Officer and County Court in Palm Beach Cotmty shall have
conctairent jurisdiction to hear and decide cases seeking compliance wdth these regulations or an order
to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall
be decided by the Code Enforcement Board/Hearing_Officer pursuant to Chapter 37 of the Qty Code.
(B) A Certificate of Occtq~ancy shall not be issued for any building, or structtue, or portions
thereof, that fails to meet all applicable xegtrirearrents of these Land Development Regulations. The use
of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be
grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and
other remedies set forth herein
(C) Nothing herein shall prevent the Qty of Delray Beach from taking such other lawful
action deemed necessary to prevent or rermdy any violation
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Penalty/', of the Land Development Regulations of the Code of
Ordinances of the Qty of Delray Beach, Florida, is hereby amended to read as follows:
Section 1.4.4 Penalty:
(A) Violation of the provisions of these Regulations, or failure to comply with any of its
requirements, including violations of conditions and safeguards established in connection with grants of
variances or conditional uses shall constitute a punishable violation Any person who violates these
Regulations, or fails to comply with any of its requirements, may be issued a civil citation
the Citl/s Code of Ordinances, and shall upon conviction thereof, be fined not more than $500 or
imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the
case. E ach day such violation continues shall be considered a separate offense.
ORD. N0.55-07
(B) The owner or tenant of any building, structure, premise, or part thereof, and any
architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in,
or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties
provided herein
(C) In addition to any and all other penalties, any person who carries out or causes to be
carried out any mark in violation of Section 4.5.1 shall be required to restore the subject
improvement, building, site, structure, appurtenance, or landscape feature, either to its
appearance prior to the violation or in accordance with its certificate of appropriateness required by the
Historic Preservation Board
(D) Strvcttn-es that are individually designated as historic or are located in historic districts
shall be maintained in a secure and attractive manner Neglect of historic structures/structures in a
historic district shall constitute a "nuisance" violation pursuant to Section 10010 of the Cites Code of
Ordinances and shall result in n~xirnum penalties.
(~uE Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation
Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "IVleetings
and Quorum', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one regularly scheduled
business meeting each month and it shall be held in the evening hours.
(2) Four members of the Board shall constitute a quonun
(3) lade An application for a Certificate of Appropriateness shall be danied-except-by
fw^ - ^~^ ^r F^~ ^~ --^''^^ ^~^-^''^-° apuxoved by a majority of the members present and voting
Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties,
Powers and Responsibilities', of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(D) Duties, Powers and Responsibilities:
(1) Develop, maintain, and update a survey of archeological sites, properties,
buildings, structures, and districts of special historic, aesthetic, arehitectural, cultural, or social
value or interest. The Board will endeavor to improve, expand and make more accurate the
ORD. N0.55-07
survey as additional documents, information, oral histories, and other such materials may
become available, and it will periodically reevaluate the survey. The Board will work with the
City Historical Society, the State Bureau of Historic Preservation, and other appropriate public
and nonprofit organizations in maintaining this survey.
(2) Nominate properties for designation, and regulate Brach properties, structures,
buildings, sites, districts, and the like so designated as historic sites and/or historic districts.
(3) Participate in the National Register program to the greatest possible extent, as
defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and
regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau
of Historic Preservation
(4) Act as a regulatory body to approve, deny, or modify certificates of
appropriateness as specified in Section 2.4.6Q). The Historic Preservation Boazd is not limited
material, color, texture, roof shape, direction, lot coverage and square footage, and other
criteria set forth in Section 4.5.1.
(5) Make recommendations concerning land developrrent code amendments to the
Planning and Zoning Board, and concerning building code amendments to the Chief Building
Official, as they apply to Historic strr~tures and districts.
(6) Act in lieu of Board of Acljustrrent. The Historic Preservation Board shall act
in lieu of the Board of Adjustment and is empowered to grant variances from existing
ordinances for properties designated as historic sites, within designated historic districts or
listed on the Local Register of Historic Places. In addition, the Board is empowered to grant
variances from the sign code for those nonconforming signs which existed at the time of
enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section
2.4.7(B)].
(7) Develop, establish, and regulate guidelines concerning contemporaneors
architectural styles, colors, building materials, and so forth for historic sites and within historic
districts. Such guidelines will be subject to review by the Site Plan Review and Appearance
Board and the Planning and Zoning Board, and will be subject to approval by the Commission
The Board's consideration and approval of certificates of appropriateness render these
guidelines shall be in lieu of consideration and approval by the Site Plan Review Board
(8) NTake recommendations to the Commission about facade easements, the
imposition of other restrictions, and the negotiation of contracts for the purposes of historic
preservation
ORD. N0.55-07
(9) Increase public awareness of the value of historic preservation by developing.
conducting, and participating in public education programs.
(10) Make recommendations to the Commission concerning the use of grants from
federal and state agencies, and the use of City funds to promote the preservation and
conservation of historically and aesthetically significant archaeological sites, historic sites, and
historic districts.
(11) Evaluate, comment upon, and make recommendations to the Commission
concerning the deliberations and decisions of other public agencies affecting the physical
development and appearance of historically and aesthetically significant archaeological sites,
historic sites, and historic districts.
(12) Contact public and private organizations, businesses, and individuals and endeavor
to arrange agreements to help insure the conservation and preservation of historically and
aesthetically significant sites, btrildings, structures, and districts for which demolition or
destruction is proposed
(13) In the name of the Gty, and only with the express approval of the Commission,
seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of
any funding, property, or interest in property to further the purposes of historic and heritage
conservation and preservation
(14) Make recommendations to the Commission, and by referral to the Planning and
Zoning Board, to snake historic preservation concepts an integral and ongoing part of all City
planning and zoning codes, the Gty ]and use plan, and any comprehensive use planning
negiured by this state.
(15) Create and approve standardized historic markers and plaques and issue
recognition to designated historic sites and historic districts within the City.
(16) Advise the Commission on all matters related to the rrse, administration, and
maintenance of cit}~owned designated historic sites and historic districts.
(17) Execute any other functions which maybe approved by ordinance or resolution of
the Commission
(18) Demonstrate a spirit of cooperation with and provide administrative assistance to
property owners in the conservation and preservation of historic sites and properties within
historic districts.
(19) Develop and maintain a Historic Preservation Manual for the City to help property
owners fulfill the regulations and requirerrents of this section and the regrations for historic
5 ORD. NO.55-07
,,
preservation developed by the Historic Preservation Boazd and approval by the Commission
Section 5. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(E),
"Development Standards", Subsection 4.5.1(E)(6), "Demolition', of the Land Development Regulations of the
Code of Ordinances of the Gty of Delray Beach, Florida, is hereby amended to read as follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(E) Development Standards:
(6) Demolition. Demolition of historic or archaeological sites, or buildings,
strtrtures, improvements, and appurtenances within historic districts ~ shall be regulated by the
Historic Preservation Board in the manner described in Section 4.5.1(F). Derrolition of anv
strrreture, whether contnbuting or non-contributing shall not occur until a building pemut has
Section 6. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(F),
"Restrictions on Demolitions', of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
(F) Restrictions on Demolitions: No stnxatn~e within a Historic District or on a Historic
Site shall be derrolished without first receiving a Certificate of Appropriateness ptnsuant to Section
2.4.6 few--pt-a~. The Fistoric Preservation Board shall be gtdded by the following in
considering such a regrgst.
(1) The Historic Preservation Board upon a request for demolition by a property
owner, shall consider the following guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites, historic interiors, or buildings,
stnactures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it wauld
reasonably fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or rnaterial that it
could be reproduced only with great difficulty or economically nonviable expertise.
(c) Whether the structure is one of the last nerrnining examples of its kind in
the designated historic district within the city.
(d) Whether retaining the stn.><ttme would promote the general welfare of the
ORD. N0.55-07
city by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular cultrue and
heritage.
(e) Whether there are definite droved plans for immediate reuse of the
property if the proposed demolition is carried out, and what effect those plans will have
on ~ the surrounding area
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found in Subsection (l~.
(3) The Board's refusal to grant a Certificate of Appropriateness requested by a
property owner for the pw~pose of demolition will be supported by a written staterrent describing
the public interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropriateness as requested by a property
owner, for demolition which may provide for a delayed effective date. The effective date of the
certificate will be determined by the Board based on the relative significance of the structure and
the probable time required to arrange a possible alternative to demolition the Board may delay
the demolition of designated historic sites and contributing buildings within historic districts for
up to six months while demolition of non-contributing buildings within the historic district may
be delayed for up to three months.
(5) During the demolition delay period, the Board may take such steps as it deems
necess~lry to preserve the structure concerned Such steps may include, but are not limited to,
consultation with community grorq~s, public agencies, and interested citizens, reconurendations
for acquisition of property by public or private bodies, or agenrses, and exploration of the
possibility of moving one or more structures or other features.
(6) The Board may, with the consent of the property owner, request that the owner,
at the owner's expense, salvage and preserve specified classes of building materials, arehitectrual
details and orname<rts, fixtures, and the like for reuse in the restoration of the other historic
properties. The Board may, with the consent of the property owner, request that the Delray
Beach Historical Society, or the owner, at the owner's expense, record the architectiual details for
archival purposes poor to demolition The recording may include, but shall not be limited to
photographs, documents, and scaled architectural drawings to include elevations and floor plans.
Historical Society. At the Board's option, and with the property owner's consent, the Board or
the Delray Beach Historical Society may salvage and preserve building materials, architectural
details, and ornaments, textures, and the like at their expense, respectively.
ORD. NO.55-07
(dl Dociur~ltation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the
contributing/ individually designated historic structure could be safely relocated
Section 7. 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 reminder hereof as a whole or part thereof other than the part declared to be
invalid
Section 8. That all ordinances or parts of ordinances in conflict henecvith be, and the same are
herebyrepealed
Section 9. That this ordinance shall become effective iirumdiately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day of
2007.
MAYOR
ATTEST:
GtyQerk
First Readine
Second Reading
ORD. N0.55-07
to substantiate the damee.
PLANNING AND 20NiNG BOARD"MEMORANDUM STAFF REPORT
MEETING DATE: DECEMBER 3, 2007
AGENDA ITEM: III. B
ITEM: CITY INITIATED AMENDMENTS PERTAINING TO THE LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3,
"ENFORCEMENT", SECTION 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR
ENFORCEMENT AND PENALTIES; SECTION 2.2.6(G), "MEETING
AND QUORUM", PROVIDING FOR VOTING, 2.2.6(D), "DUTIES AND
RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR
HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC
COMPATIBILITY REGULATIONS; SECTION 4.5.1(E),
"DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6),
"DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS",
PROVIDING REQUIREMENTS FOR THE APPLICATION AND
APPROVAL FOR DEMOLITION.
ITEM BEFDRE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding City-initiated amendments to LDR Sections 1.4.3(D), 1.4.4(A), 1.4.4(D), 2.2.6(C),
2.2.6(D), 4.5.1(E)(6), and 4.5.1(F) as detailed below. These amendments are primarily
associated with the prevention of demolition by neglect of historic structures, and deferral of
demolition of historic structures until redevelopment plans receive a building permit.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND AND DESCRIPTION
The subject amendments address specific concerns raised by the Historic Preservation Board
(HPB) and city residents, and incorporate recommendations made by REG Architects, Inc. in
2006 during a comprehensive review of the City's existing regulations. The amendments focus
on the following components: declaring neglect of historic structures a nuisance violation,
providing enforcement and penalties for neglect of structures in historic districts or individually
listed structures; clarification that a Certificate of Appropriateness {COA) application requires
approval by a majority of the members present and voting; clarification that the HPB has the
authority to apply more restrictive standards than the maximums provided in the zoning
regulations in order to achieve compliance with the Visual Compatibility Standards of LDR
Section 4.5.1(E)(6}; requiring the submittal of a redevelopment application concurrently with a
demolition application and provision that demolition shall not occur until after a building permit
has been issued for the redevelopment; and outlining additional information and documentation
required with applications requesting approval to demolish contributing structures.
It should be noted that the subject amendments were originally included in Ordinance 66-06 and
are now being proposed separately-
,,
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRS re: Nuisance and Demolition -Ordinance 55-07
The following outlines each of the proposed amendments:
LDR Section 1.4.3(D) Enforcement
Adds language that the neglect of individually designated historic structures and/or structures
located within historic districts shall constitute a "nuisance" violation of the City's Code of
Ordinances pursuant to Section 100.10.
LDR Section 1.4.4(A) Penalty
Adds language that failure to comply with the LDRS may result in the issuance of a civil citation
pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37
of the City's Code of Ordinances.
LDR Section 1.4.4(D) Penalty
Adds language that structures which are individually designated or located within a historic
district shall be maintained in a secure and attractive manner. Neglect of individually designated
structures andlor structures in a historic district shall constitute a "nuisance" violation pursuant
to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties.
LDR Section 2.2.$(C), Historic Preservation Board, Meetings and Quorum
Clarifies that a COA is to be approved by a majority of the HPB members present.
LDR Sectlon 2.2.6(D), Historic Preservation Board, Duties, Powers, and Responsibilities
Specifies that the HPB has the authority to apply more restrictive standards than the maximum
identified in the zoning regulations in order to achieve visual compatibility in accordance with
Section 4.5.1(E)(8).
LDR Section 4.5.1(E)($) Demolition
Adds that demolition applications be accompanied by a complete application for the
redevelopment of the subject property, and that demolition cannot occur until the building permit
for the redevelopment is issued.
LDR Sectlon 4.5.1 (F) Restrictions on Demolkions
Added new language to require submittal of additional information and documentation for all
demolition proposals of contributing structures or individually designated historic structures.
Planning and Zoning Board Consideration
LDR Section 4.5.1(El(61-Demolition
The attached Ordinance (55-07) was considered by the Board at ils meeting of November 19,
2007. However, upon discussion primarily regarding the proposed changes to LDR Section
4.5.1(E)(6) which requires that a complete redevelopment application be submitted with all
demolition requests, a recommendation to City Commission was tabled to the Special Meeting
of December 3, 2007. Taking the aforementioned discussion into consideration, Staff has
included options in the attached Appendix A for the Board to consider as part of the
recommendation to City Commission. The options provide for the requirement of a complete
redevelopment application with a request to demolish ahistoric/contributing structure. It should
be noted that the general intent in requiring redevelopment plans upon requesting demolition of
a structure within a historic district, whether contributing or non-contributing, is to avoid the
removal of a viable structure which would subsequently leave a void in the neighborhood
without the promise of redevelopment. If the structure is in disrepair and poses a health and
safety threat to the public, there are additional provisions pursuant to LDR Section 4.5.1(G)
which states the following:
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
"In the event the Chief Building Official determines that any structure within a designated
historic site or designated historic district is unsafe pursuant to the applicable Code of
Ordinances, the Chief Building Official wilt immediately notify the Board of his findings.
Where appropriate and in accordance with applicable ordinances, the Chief Building
Official will attempt to have the structure repaired rather than demolished, and will take
into consideration any comments and recommendations by the Board. However, the
provisions contained within division (A) of this section shall not apply to the Chief
Building Official's declaration that a building is unsafe, nor will the Chief Building Official
be precluded from faking whatever steps, as may be required by applicable ordinances
to protect the public health and safety of the community. The Board may also endeavor
to negotiate with the owner and interested parties, provided such actions do no interfere
with procedures in the applicable ordinances."
Contributino vs. Non-contributino
In addition to the above, the Board felt it was necessary to provide clarification as to the
classification of contributing and non-contributing structures within designated historic districts.
As outlined in the Delray Beach Historic Preservation Design Guidelines, the terms contributing
and non-contributing are defined and described as follows:
A contributing building, site, structure, or object adds to the historic architectural qualities,
historic associations, or archaeological values for which a district is significant because:
• It is usually more than 50 years old;
• It was present during the 'Period of Significance° and;
• It possessed historic integrity reflecting its chamcter at that time;
• Oris capable of yielding important information about the period, or,
It independently meets the National Register criteria.
A non-contributing 6uifding, site, structure or object does not add to the historical
architectural qualities, historic associations, or archaeological values for which a district is
sfgnificant because:
• It usually is not more than 50 years old;
• It was not present during the "Period of Significance';
• It no longer possesses its historic character which would reflect ifs original character,
and;
• !t is not capable of yielding important information about the period.
For example, a structure constructed over fifty years ago may have been altered so significantly
that it has lost its historic integrity and the original structure and its associated detailing is not
evident. Therefore, the structure would likely be deemed non-contributing to the historic district
designation.
The above noted criteria is used when a preservation professional is "surveying" a property to
determine its classification as to whether or not it contributes to the historic district within which
it is located. "Surveys," also known as Florida Master Site File Farms, are completed and filed
with the State of Florida's Bureau of Historic Preservation, Division of Historical Resources,
Florida Master Site File office which maintains Florida's inventory of known and/or recorded
historic structures and archaeological sites. The Gassification provided in the "survey" is utilized
by Staff in reviewing development proposals andlor informing the public of a property's
classification. However, from time to time, it may be determined by Staff that sufficient research
was not conducted in coming to the conclusion as to whether or not the structure was accurately
classified, which may happen with all types and ages of structures. Staff may provide this new
research to the HPB which is to be taken into consideration upon review of a development
proposal. Regardless, the classirfcation noted on the survey is the underlying classification and
1
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
would not be changed until the property is resurveyed and a Master Site File form filed.
Additional clarification of the above noted terms will be provided to the Board, if necessary.
The subject Ordinance is now before the Board for recommendation to the City Commission.
LDR TEXT AtNENblIitENT ANALYSrS
A significant concern within the historic districts is demolition by neglect of historically significant
and/or contributing structures. Demolition by neglect happens when the structure is neglected
and left to self-demolition. The proposed amendments provide that the neglect of individually
designated structures andlor structures located within historic districts will constitute a nuisance
violation of the City's Code of Ordinances. The penalty for such violation will result in a civil
citation or notice of violation pursuant to the City's Cade of Ordinances.
Additional changes are proposed to existing LDR Sections which provide review criteria for
applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on
Demolition," provides review criteria when any structure within a historic district is proposed for
demolition. Additional language is proposed requiring the property owner to submit information
regarding the state of disrepair, such as certified reports from a registered architect or engineer
noting the structural soundness of the property, and the costs to repair the structure in order to
return it to a safe and habitable condition. In addition, an appraisal is to be provided of the
property's condition 1) at the time of application, 2) value as vacant land, 3) potential value upon
restoration, and 4) documentation that reasonable efforts were made to salvage the structure
through relocation. This information has typically been requested from the applicant upon first
review by fhe Historic Preservation Board. LDR Section 4.5.1{E)(6) has been expanded to
require demolition applications to be accompanied by the complete redevelopment application,
and that the two requests be reviewed and decided upon concurrently. Further, the new
language requires that demolition not take place until the building permit for the new
development is issued. The intent is to avoid leaving empty lots if the redevelopment project is
not built and to provide time for the applicant to investigate relocation of the structure.
Additional minor LDR revisions include clarification that a majority of the HPB members present
and voting may approve a COA application, and that the Board has the authority to apply more
restrictive standards than the maximums identified in the zoning regulations in order to achieve
compliance with the visual compatibility requirements of LDR Section 4.5.1(E)(8).
R~t'3fJIRE ;Ft1+iDINGS
LDR Section 2.4.5(M){5) {Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goats, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objectives and Policies were noted:
FUTURE LAND USE ELEMENT:
GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR
REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT
EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL
COMMUNITY WITH A BALANCED ECONOMIC BASE.
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
Future Land Use Element Objective A-4 The redevelopment of land and buildings shall
provide for the preservation of historic resources. The objective shall be met through continued
adherence to the City's Historic Preservation Ordinance and the fol{owing policies:
Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic
site, the Historic Preservation Board must make a finding that the requested action is consistent
with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic
sites and districts and the "Delray Beach Design Guidelines°.
Future Land Use Pollcv A-4.2 In order to protect the City's historic resources, the Land
Development Regulations shall include provisions for designation of historically significant
buildings, structures, archaeological sites, or districts. The City shall conduct periodic
neighborhood surveys to identify and evaluate potential historic resources.
ANALYSIS
The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of
the existing quality of life and mandates that redevelopment shall provide for the preservation of
historic resources. These requirements are evident in the proposed amendments to protect the
city's designated historic areas from demolition by neglect and demolition of historic properties
without providing proper documentation to justify the potential demolition. Therefore, positive
findings can be made that the proposed LDR text amendments are consistent with and further
the Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan.
HOUSING ELEMENT:
GOAL AREA "A" 70 MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING
BY PRESERVING EXISTING STABLE NEIGHBORHOODS,
STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN
TRANSITION, AND RESTORING AND REHABILITATING
NEIGHBORHOODS THAT HAVE DECLINED.
Houslna Element Objective A-10 The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of
a particular neighborhood.
Housing Element Policv A-10.1 This objective will be implemented in accordance with the
standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic
Preservation Sites and Districts.
Houslna Element Policv A-10.2 The City will promote the use of historic designations as a
revitalization tool in its preparation of Neighborhood Plans for those areas which have a
significant inventory of historic structures.
Houslna Element Oblectlve A-12 To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in and
around the neighborhood do not lead to its decline, such as those described in the following
policies.
Houslna Element Pollcv A-12.4 The City will provide planning and technical assistance to
implement neighbofiood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations that would limit
the size and scale of new homes to be consistent with existing structures within a defined
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures.
ANALYSIS
The proposed LDR amendments comply with the Housing Element as noted above in that they
will strive to stabilize and enhance existing historic neighborhoods through the prevention of
demolition by neglect, archiving of structures subject to demolition, and deferral of demolitions
until redevelopment is eminent. Therefore, positive findings can be made that the proposed LDR
text amendments are consistent with and further the Goals, Objectives and Policies of the
Housing Element of the Comprehensive Plan.
Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace
principles of historic preservation and economic development in a sensitive and blending
manner. See Objective C-1 for the spec'rfic implementation program.
Coastal Management Element Policy B-2.2 Individual historic structures shall continue to be
designated pursuant to the City's Historic Preservation Ordinance.
Coastal Manaaement Element Objective C-1 The retention, rehabilitation, and protection of
historic resources as provided for in the City's Historic Preservation Ordinance shall continue to
be applied in the Coastal Planning Area. The Marina Historic District shall continue to be
redeveloped with a sympathetic blending of the demands of economic development and historic
preservation.
Coastal Manaaement Element Policy C-1.1 The northern portion of the Marina District nearest
Atlantic Avenue shall be developed with the active participation of bath the Historic Preservation
Board and the Community Redevelopment Agency.
Coastal Management Element Pollcv C-1.2 The middle and southerly portions of the Marina
District shall continue to be enhanced through the renovation of existing single family and multi-
family structures, sensitive rehabilitation of historic structures, and new construction which is
appropriate to the historic district.
ANALYSIS
The proposed LDR amendments comply with the Coastal Management Element of the
Comprehensive Plan in that they are sensitive to the two designated historic districts within this
area: Nassau Street and Marina. Overall, the protection of the historical resources located in the
aforementioned historic districts will continue to be enforced. Upon consideration of the above,
positive findings can be made that the proposed LDR text amendments are consistent with and
further the Goals, Objectives and Policies of the Coastal Management Element of the
Comprehensive Plan.
`''A9~E~'$AITBKtT
The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of
historically significant housing, and the promotion of historic designations as a revitalization tool.
Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives
aimed at preserving the character of existing residential areas. The proposed amendments
achieve the aforementioned goals and policies. Therefore, a positive finding can be made that
the amendments are consistent with and further the Goals, Objectives, and Policies of the
Comprehensive Plan.
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
RE1ffE{M Blf'QTHERS'
The Pineapple Grove Main Street committee reviewed the subject amendments at their
November 7, 2007 meeting and unanimously recommended approval.
The Historic Preservation Board (HPB) considered the subject amendments at their
November 7, 2007 meeting, and recommended approval by a vote of 5-2 (Lake and Kucera-
Winney dissenting).
The Community Redevelopment Agency (CRA) considered the subject amendments at their
November S, 2007 meeting and unanimously recommended approval.
The Downtown Development Authority (DDA) considered the subject amendments at their
November 12, 2007 meeting, and unanimously recommended approval.
The West Atlantic Redevelopment Coalition (WARC} considered the subject amendments at
their November'14, 2007 meeting, abstained from making a recommendation due to lack of
information. The subject information was submitted to the CRA for review by WARC on
Wednesday, November 7, 2007, by the Planning and Zoning Department. However, this
information was not included in the members' packets.
Letters of objection and support, 'rf any, will be presented at the meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendments to the
Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan.
C. Move a recommendation of denial to the City Commission of the amendments to the Land
Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings
of fact and law contained in the staff report and finding that the request is inconsistent with
the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.}
RECOMMENDATION -
Move a recommendation of approval to the City Commission of the amendments to the Land
Development Regulations (LDRs} associated with Ordinance 55-07 by adopting the findings of
fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
• Proposed LDR Amendment Ordinance 55-07.
• Appendix A
. .
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
APPENENX A -LDR Section 4.5:1(E)(6)
LDR Section 4.5.1(E)(6) currently states the following:
(6) Demolition of historic sites, archaeological sites, or buildings, structures,
improvements, and appurtenances within historic districts will be regulated by the
Historic Preservation Board in the manner described in Subsection (F).
The proposed amendments to the subject LDR Section is as follows:
(6) Demolition Demolition of historic situ or archaeological sites, or buildings, structures,
improvements, and appurtenances within historic districts will shall be regulated by the
Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition
been issued for the redevelopment.
Staff has provided the following three (3) options for Board consideration which may be
included in the recommendation to the City Commission:
Option A.
Option A Analysis
Option A has been revised to speafy that historic/contributing and/or individually designated
structures be accompanied by a redevelopment application at the time of the demolition request,
that the demolition request for historic/oontributing and/or individually designated structures not be
granted until approval has been granted for the redevelopment, and that demolition of any
structure requiring review by the HPB not occur until a building permit has been issued for the
redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a
manner consistent with the time of demolition application. This is to ensure maintenance of the
structure, property, and historic district through the upkeep of all properties.
Option B. (6) Demolitlon Demolition of historfc sites; or archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts will shall be
regulated by the Historic Preservation Board in the manner described in Section
4.5.1(F}.
a. Demolition applications for historiGcontdbuting and/or individually designated
structures shall follow the following procedures:
i. be accompanied by a complete application for redevelopment of the
ro e
(6) Demolition Demolition of historic sites; or archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts will shall be
regulated by the Historic Preservation Board in the manner described in Section
4.5.1(F). Demolition applications for historiGcontributing and/or individually designated
y / R
Planning and Zoning Board Memorandum Staff Report, December 3, 2007
Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07
b. Demolition applications for non-historidnon~ontributino structures shad follow the
c.
to that
existed at the time of application.
Option B Analysis
Option B has been revised to outline procedures for demolition proposals for contributing, non-
contributing, and individually designated structures. Proposals to demolish hisloriGcontributing
and/or individually designated structures will require submittal of a redevelopment application at
the time of the demolition request, that the demolition request for historidcantributing andlor
individually designated structures not be granted until approval has been granted for the
redevelopment, and that demolition of any structure requiring review by the HPB not occur until a
building permit has been issued for the redevelopment. Further, the structure(s) to be demolished
will tie required to be maintained in a manner consistent with the time of demolition application.
This is to ensure maintenance of the structure, property, and historic district through the upkeep of
all properties.
Option C. {6) Demolition Demolition of historic situ or archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts writ! shall be
regulated by the Historic Preservation Board in the manner described in Section
time Of appliCatlOn.
Option C Analysis
Option C has been revised to require that the proposed demolition of any structure requiring
review by the HPB will not require the submittal of redevelopment plans upon application for
demolition and that the demolition not occur until a building permit has been issued for the
redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a
manner consistent with the time of demolition application. This is to ensure maintenance of the
structure, property, and historic district through the upkeep of all properties.
Note: It should be taken into consideration that pursuant to LDR Section 2.4.1(A), Concept Plan
Review, is an option for all proposals. While this review is non-binding, the Board will review and
comment on the proposal concept at a public meeting.
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
RELATED TO THE NEGLECT OR
DEMOLITION OF INDIVIDUALLY
DESIGNATED STRUCTURES
ANDIOR STRUCTURES LOCATED
WITHIN A HISTORIC DISTRICT AND
PROVIDING FOR ENFORCEMENT
AND PENALTIES
Tha Cdy Commisson of the Cdy of Delray Beach, Flodtla, proposes to adopt Ne following
ordinarce:
ORDINANDE N0.55-0T
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACN, fLOR10A,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, 'PENALTY', PROVIDING
THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDMG FOR
ENFORCEMENT AND PENALTIES: AMENDING SECTION 2.2.6. `THE HISTORIC
PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETINGAND OUORUM", PROVIDING
FOR VOTING; ANDAMENOING SUBSECTION 2.2.6(0}, "DUTIES AND RESPONSIBILITIES',
PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO
APPLY THE HISTORIC COMPATIOILITY REGULATIONS; SUBSECTION 4.5.1(E).
"DEVELOPMENT STANDARDS', SUBSECTION 4.5.1{E}(8), °DEMOLITION, AND 4.5.1(F),
"RESTRICTIONS ON DEMOLITIONS°, PROVIDING REQUIREMENTS FOR THE
APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVING CLAUSE. A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE GATE.
The Cdy Commission will wnduct two (2) PuNic Hearings for the purpose of accepting public
testimony regarding the proposed ordinance. The first Publk Hearing wi11 he held on
THURSDAY JANUARY 3 2008 AT T00 PM in the Commission Chambers at City Hall, 100
N,W 1st Avenue, Delay Beach, FbMa. N the proposed odinance is passed on fast reading,
a secontl Public Hearing will be held on TUESDAY. JANUARY 4S. SOS AT T00 P M (or at any
continuation of such meeting whkh H set by the Commission) in the Commission Chambers at
City Hall, 100 N.W. 1St Avenue, Delay Beach, Florida..
All interested citizem are invited toa0end the public hearings and comment upon the proposed
ordinance or submit their wmrrcents in writing on or before Ne date of these hearings to the
Planning aid Zoning Departrianf. For further infonnafion or to obtain a wpy of the proposed
ordinance. please contact tl~ Planning and Zoning DepaNneM, City Hall, 100 N,W. 7stAvenue,
Delay Beach, Fbdda 33444 (email at pzmadQmydelraybeach_mm} or h'/ calling
SBU243~7040}, between the hours of 8:00 a.m. and 5:00 Rm., Monday through Friday,
exGUding holidays.
Please be advised That ita person tlecides to appeal any decision made W the Ciry Commission
wdh mapect to any matter considered al these headr~s,such person may need in ensure that
a verbatim record includes the tesimony and evidence upon which Ne appeal is to be hased.
The Cily does rat provide nor prepare such record pursuant to ES. 286.0105.
GITY OF DELRAY BEACN
Chevelie D. Nuhin, CMC
CAy Clerk
PUBLISH: Tuesday, December 25, 2001
Tuesday, January 8.2008
0oca Ralon?Delray Beach News
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