A. Certificate of Appropriateness.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well-defined application process, and information to guide in the review of Certificate of Appropriateness submittals.
b. Applicability. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. Utilizing the Design Guidelines Handbook, the Board reviews applications for Certificates of Appropriateness for alterations, new construction, demolitions, relocations affecting proposed or designated Properties or Properties within Historic Districts.
c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation.
d. Review Authority. The required level of review shall be depicted in a "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" (the "Matrix"). The Matrix will contain a list of design features, such as roofing materials, window types, shutter types, etc. The Matrix will indicate whether such features may be administratively reviewed or if Board review is required. The Board shall approve or amend the "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" as needed.
If staff does not grant administrative approval of an application, the application may be referred to the Board for review. Any applicant may request referral to the Board rather than administrative review. An application referred by staff or an applicant will be considered in accordance with the application review schedule contained in Section 2.b. below.
2. Submittal Requirements.
a. Application and Fees. Requests for Certificates of Appropriateness shall be made only on application forms approved by the Board. Submittal of the application must be made with the appropriate site plans, drawings, photographs, descriptions, and other documentation needed to provide staff and the Board with a clear understanding of the proposed action. Application fees and other applicable charges shall be established by resolution adopted by the City Commission.
b. Completeness Review and Board Agenda. Staff shall review all applications for Certificates of Appropriateness to determine whether an application is complete. If the application is incomplete, staff will notify the applicant of what additional information is necessary. An application will not be reviewed until staff determines that it is complete.
All Certificates of Appropriateness applications eligible for administrative review will be reviewed in a timely manner and a written decision sent to the applicant. All Certificate of Appropriateness applications requiring Board review will be scheduled for hearing by the Board at the first available meeting approximately six (6) weeks after receipt of the completed application. The meeting shall be publicly announced and will have a previously advertised agenda. The Board may suspend action on the application for a period not to exceed thirty days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application.
3. Review Criteria. See Chapter 4, Article IX, Section 6.D. for the review criteria applicable to the Certificate of Appropriateness.
4. Approval Process.
a. Decisions. Decisions regarding application for Certificates of Appropriateness shall be based on the application, the application's compliance with this Ordinance, and the evidence and testimony presented in connection with the application.
Any conditions or requirements imposed shall be related to the Certificate of Appropriateness sought by the applicant. If conditions or requirements are imposed as a condition of approval, the Board may direct staff to review the amended plans and approve the COA if all conditions or requirements have been addressed.
b. Notice of Decision on Application. Staff shall notify the applicant in writing of any decision on the application within five (5) working days from the date of the decision.
5. Certificate of Economic Hardship. Prior to taking an appeal of a decision to the City Commission on an application for Certificate of Appropriateness, an applicant may file a request in writing for a Certificate of Economic Hardship. Utilizing information supplied by the applicant, the Board reviews requests for Certificates of Economic Hardship to determine if a decision regarding a Certificate of Appropriateness application has caused or will cause an economic hardship.
a. Application. A request for a Certificate of Economic Hardship must be submitted in writing within 30 days of the date of the hearing at which the Board's decision on the Certificate of Appropriateness application is announced.
b. Board Agenda and Notice. The Board shall schedule a public hearing within 60 working days from the receipt of the application and shall provide notice of such hearing in the same manner as for the Certificate of Appropriateness application.
c. Negotiations Prior to Certificate of Economic Hardship Hearing. During the period between receipt of the Certificate of Economic Hardship application and the Board's public hearing, the applicant shall discuss the proposed action with staff, other City officials and local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the Property and/or the District. Staff may request information from various City departments and other agencies in order to negotiate an alternative resolution that is in the best interest of the applicant and the City. If negotiations are successful staff shall make written recommendations to the Board regarding such alternatives.
d. Determination of Economic Hardship. The applicant has the burden of proving by competent substantial evidence that the Board's decision regarding the Certificate of Appropriateness application has caused or will cause an economic hardship. To determine economic hardship, the applicant shall submit the following with the request for a Certificate of Economic Hardship:
(1) Proposed construction, alteration, demolition and removal costs;
(2) Structural and condition reports from a licensed professional with experience in assessing historic buildings;
(3) Estimates as to the economic feasibility of rehabilitation or reuse;
(4) The purchase price of the property-details of annual debt service or mortgage payments, recent appraisals, assessments, and real estate taxes;
(5) Details of any income obtained from the property and cash flows for the previous two (2) years;
(6) The status of any leases or rentals; and
(7) Details of any listings of the property for sale or rent for the previous two (2) years.
The applicant may submit or the Board may request any further additional information relevant to the determination of economic hardship.
The effect of denial of the application for Certificate of Economic Hardship is that the decision regarding the Certificate of Appropriateness is upheld. If the application for Certificate of Economic Hardship is granted, the Board may issue the Certificate of Economic Hardship without conditions. Alternatively, the Board may issue the Certificate with conditions that will avoid the economic hardship and have the least adverse effect to the Property and the District.
Such conditions may include, but are not limited to: ad valorem tax relief, loans or grants, requiring the owner to market and offer the Property for sale for a fair market price with appropriate preservation protections for a period of time not to exceed six (6) months, acquisition by a third party for a fair market value, Building and Zoning Code modifications, relaxation of the provisions of this ordinance, recommendation by the City Manager some or all of the applicable Board fees be waived, or such other relief as appropriate.
6. Appeal of Certificate of Appropriateness and Certificate of Economic Hardship Decisions. Any applicant may appeal a decision of the Board to the City Commission regarding an application for Certificate of Appropriateness and/or an application for Certificate of Economic Hardship. The applicant shall file a written notice of the appeal with staff within 30 days of the date of the hearing at which the Board's decision on the application is announced. The City Commission shall place the matter on the Commission's agenda within 45 working days from the date of the written notice of appeal. The meeting at which the appeal is placed on the agenda shall be no later than 60 working days from the date of the written notice of appeal.
Consideration of the appeal by the City Commission shall be de novo review. The City Commission shall be required to apply the applicable standards and criteria set forth in this ordinance.
A decision of the City Commission may be appealed to a court of competent jurisdiction within thirty (30) days after the hearing at which the decision is announced.
B. Historic District or Properties Designation.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well-defined application process, and information when designating a district as "historic" as defined in these Land Development Regulations.
b. Applicability. This application shall be applicable to all improved property that meets the criteria of Chapter 4, Article IX, Section 6.C. Applications for historic designation may be initiated by only the following:
(1) Historic Resources Preservation Board, herein referred to as "Board" (see Chapter 1, Article VII, Section 4).
(2) City Commission.
(3) A property owner for designation of a Site.
(4) A simple majority of property owners within the proposed District under consideration for designation.
For District designations, each Property shall be allotted one (1) vote. The identity of the property owners shall be determined by the most current Palm Beach County Tax Rolls.
Only the Board or the City Commission may initiate designation of a property or district owned by the City, County, State or by an entity created by state law.
c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation.
2. Submittal Requirements. Nominations for historic designations shall be made only on application forms approved by the Board.
3. Review Criteria. See Chapter 4, Article IX, Section 6.C. for the review criteria applicable to designating a district as historic.
4. Approval Process.
a. Board Agenda. Following staff determination that an application for designation is complete; the application shall be scheduled for a public hearing by the Board.
b. Board Public Hearing Notice. The Board shall advertise and hold a public hearing in accordance with the following public noticing requirements:
(1) For the proposed designation of an individual site, the applicant, at least ten (10) calendar days prior to the date set for the public hearing, shall:
(a) Mail a notice of the time, place and subject matter of the public hearing to any owner of abutting or adjacent property as determined by the Historic Preservation Planner.
(b) Post one (1) sign for each street frontage of the property in a prominent location.
(2) For the proposed designation of a historic district, the applicants), at least ten (10) calendar days prior to the date set for the public hearing, shall:
(a) Mail a notice of the time, place and subject matter of the hearing to any owner of real property within 400 feet of district subject to potential designation.
(b) Post signs in prominent locations along public streets at the outer boundaries of the proposed district in such a manner as will assure that the signs will be seen by as many affected property owners as possible
Signs shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high.
c. No Action Permitted During Pendency. During the period that a designation application is pending, no changes to the property or district shall be made unless first approved by the Board. The application is considered "pending" until the final decision on the designation is made by the City Commission.
d. Board Recommendations. The Board shall make a recommendation as to the proposed designation at the public hearing, based on findings of fact which support the recommendation. The Board's recommendation shall be reduced to writing within 15 working days after the hearing date. If the Board votes to recommend approval, it will forward the application with recommendations to the City Commission. If the Board recommends denial, no further action is required unless an applicant, or not less than two-thirds of the affected property owners (in the case of a District), appeals to the City Commission. In such event the City Commission may reconsider designation or require the Board to do so.
e. City Commission Decision. Following the Board hearing, a designation application with a Board recommendation for approval shall be scheduled for hearing by the City Commission. The City Commission may approve or deny the designation application. Alternatively, the City Commission may approve the designation with conditions or delay designation for up to one (1) year. The City Commission shall make written findings of fact on which its decision is based.
f. Boynton Beach Register of Historic Places. A Resource designated by the City Commission as historic shall be listed in the Boynton Beach Register of Historic Places. The Register shall be updated periodically and the inventory material will be open to the public. Inventory materials shall be compatible with the Florida Master Site File and duplicates of all inventory materials will be provided to the State Historic Preservation Office. Resources listed in, or eligible for listing in the National Register or on the Boynton Beach Register of Historic Places, either as a Property or as a Contributing Property within a District, may be entitled to modified enforcement of the City's applicable building and zoning codes, if in accord with the Design Guidelines Handbook.
g. Designation Recorded. The historic designation ordinance shall be recorded in the Official Records of Palm Beach County. Boundaries for historic districts and individual properties identified in the ordinance shall be clearly established. The designation shall be noted in the official records of the City's Planning & Zoning and Building Departments to ensure that all City actions taken in connection with the subject property or district are taken subject to the designation.
h. Historic District Street Signs. For Districts, the City shall erect standardized street signs identifying the District within two (2) years from the date of such designation, subject to economic feasibility. The design shall be first approved by the Board.
C. Historic Preservation Property Tax Exemption Application.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well-defined application process, and information to guide in the review of Historic Preservation Property Tax Exemption submittals.
b. Applicability. This application shall be applicable to all improved property that meets the criteria of Chapter 4, Article IX, Section 6.E.
c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation.
2. Submittal Requirements. See Chapter 4, Article IX, Section 6.E for the submittal requirements of this application.
3. Review Criteria. See Chapter 4, Article IX, Section 6.E. for the review criteria applicable to the Historic Preservation Property Tax Exemption.
4. Approval Process. An application for historic designation shall be conducted in accordance with the procedures set forth in Chapter 4, Article IX, Section 6.E.