1990-24 Zoning Historic Site Overlay District
Preparation of this Document was aided through financial assistance
received from the State of Florida under the Local Government Land
Development Regulation Assistance Program authorized by Chapter 89-
253, Laws of Florida, and administered by the Florida Department
of Community Affairs.
ORDINANCE NO. 24-90
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C - ZONING,
OF THE CODE OF ORDINANCES BY ADDING SECTION 45-37, HISTORIC SITE
OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Article III of Appendix C - Zoning of the
Village Code is hereby amended to add Section 45-37 to read as
follows:
section 45-37. Historic site overlay district.
A. Purpose. The historic site overlay district is used to impose
special development restrictions on identified areas. The
locations of this overlay district are established by the
Village based on the need for special protective measures at
those locations. The historic site overlay district imposes
different standards than those that would otherwise apply.
B. Definitions.
' 1. Buildina. A structure created to shelter any form of
human activity. This may refer to a house, barn, garage,
church, hotel, or similar structure. Buildings may refer
to a historically or architecturally related complex,
such as municipal buildings, or a house and barn.
Parking lots and garages are hereby deemed to be
"buildings".
2. Cultural Resource. A site, object, structure, building
or district listed in the Village's register of historic
sites.
3. Demolition. The tearing down or razing of 25% or more
of a structure's external walls.
4. District. A geographically definable area possessing a
significant concentration, linkage, or continuity of
sites, buildings, structures, objects, or areas, which
are united historically or aesthetically by plan or
physical development. A district may be comprised of
individual resources which are separated geographically
but are linked by association or history.
5. Obiect. A material thing of functional, aesthetic,
' cultural, historical, or scientific value that may be by
nature of design, movable, yet related to a specific
setting or environment.
6. Ordinarv Maintenance. Work which does not require a
construction permit and that is done to repair damage or
to prevent deterioration or decay of a building or
structure or part thereof as nearly as practicable to
its condition prior to the damage, deterioration, or
decay.
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Oriainal Appearance. That appearance (except for color)
which, to the satisfaction of the Village Council,
closely resembles the appearances of either (1) the
feature on the building as it was originally built or was
likely to have been built, or (2) the feature on the
building as it presently exists so long as the present
appearance is appropriate, in the opinion of the Village
Council, to the style and materials of the building.
C. Creation of Local Reaister of Historic Sites.
' A Local Register of Historic Sites is hereby created as a
means of identifying and classifying various sites, buildings,
structures, objects, and districts as historic and/or
architecturally significant. The Local Register will be kept
by the Director of Public Services.
D. initiation of Placement on the Local Register.
Placement of sites, buildings, structures, objects or
districts on the Local Register may be initiated by the
Village Council. In addition, placement may be initiated by
the owner of the site, building, structure, object, or area;
or, in the case of a district, by the owner of a site,
building, structure, object, or area within the proposed
district. By adoption of this ordinance, those sites within
the village of North Palm Beach that have been classified as
a "Florida historic site" by the Division of Archives,
History and Records Management, Florida Department of State
are hereby placed on the Local Register.
E. Placement on the Local Register.
The following procedure shall be followed for placement of
' sites, buildings, structures, objects, areas, and districts
on the Local Register:
1. A nomination form, available from the Department of
Public Services, shall be completed by the applicant and
returned to the Department.
2. Upon receipt of a completed nomination form, including
necessary documentation, the Director shall place the
nomination on the agenda of the next regularly scheduled
meeting of the Village Planning Commission. If the next
regularly scheduled meeting of the Planning Commission
is too close at hand to allow for the required notice to
be given, the nomination shall be placed on the agenda
of the succeeding regularly scheduled meeting.
3. Adequate notice of the Planning Commission's
consideration of the nomination shall be provided to the
public at large, and to the owner(s) of the nominated
property (ies), at least fifteen (15) days in advance of
the meeting at which the nomination will be considered
by the Council.
4. The Planning Commission shall, within thirty (30) days
from the date of the meeting at which the nomination is
' first on the Planning Commission agenda, review the
nomination and write a recommendation thereon for
consideration by the Village Council. The recommendation
shall include specific findings and conclusions as to why
the nomination does or does not meet the appropriate
criteria for listing on the Local Register. The
recommendation shall also include any owner's objection
to the listing. If the nomination is of a district, the
recommendation shall also clearly specify, through the
use of maps, lists, or other means, those buildings,
objects, or structures which are classified as
contributing to the historical significance of the
district.
5. Upon receipt of the recommendation from the Planning
Commission to the Village Council, the nomination shall
be placed on the agenda of the next regularly scheduled
workshop of the Village Council.
6. Following the Village Council workshop consideration,
adequate notice of the Village Council's consideration
' of the nomination at a public meeting shall be provided
to the public at large (advertisement for public
hearing), and to the owner(s) of the nominated property
or properties, at least fifteen (15) days in advance of
the meeting at which the nomination will be considered
by the Council.
The Village Council shall, within ninety (90) days from
the date of the meeting at which nomination is first on
the Council's agenda, review the nomination and vote to
accept or reject the nomination. The decision shall
include specific findings and conclusions as to why this
nomination does or does not meet the appropriate criteria
for listing on the Local Register. The decision shall
also include any owner's objection to the listing. If
the nomination is of a district, the decision shall also
clearly specifiy, through the use of maps, lists, or
other means, those grounds, buildings, objects, or
structures which are classified as contributing to the
historical significance of the district. The
nomination form and the Council's recommendation shall
be sent to the Planning Commission. The nomination shall
then be handled as any other rezoning/amendment to the
land use element.
' F. Criteria for Listing on the Local Register.
1. A site, building, or district must meet the following
criteria before it may listed on the Local Register:
a. The site, building, or district possesses integrity
of location, design setting, materials, workmanship,
feeling and association; and
b. The site, building, or district is associated with
events that are significant to local, state or
national history; or the district site, building,
structure or object embodies the distinctive
characteristics of a type, period, or method of
construction or represents the work of a master,
or possesses high artistic values, or represents a
significant and distinguishable entity whose
components may lack individual distinction.
2. A site or building located in a local register of
historic sites district shall be designated as
contributing to that district if it meets the following
criteria:
' a. The property is one which, by its location, design,
setting, materials, workmanship, feeling and
association adds to the district's sense of time and
place and historical development.
b. A property should not be considered contributing if
the property's integrity of location, design,
setting, materials, workmanship, feeling and
association have been so altered that the overall
integrity of the property has been irretrievably
lost.
c. Structures that have been built within the past
fifty (50) years shall not be considered to
contribute to the significance of a district, unless
a strong justification concerning their historical
or architectural merit is given or the historical
attributes of the district are considered to be less
than fifty (50) years old.
G. Effect of Listinc on Local Register.
' 1. The Department may issue an official certificate of
historic significance to the owner of properties listed
individually on the Local Register or judged as
contributing to the character of a district listed on
the Local Register. The Director of Public Services is
authorized to issue and place official signs denoting
the geographic boundaries of each district listed on the
Local Register.
Structures and buildings listed individually on the Local
Register or judged as contributing to the character of
a district listed on the Local Register shall be deemed
historic and entitled to modified enforcement of the
Standard Building Code as provided by Chapter 1, Section
101.5 of the Standard Building Code Congress
International, Inc.
3. No demolition, alteration, relocation or construction
activities may take place except as provided below.
x. Certificate of Appropriateness.
1. When required.
a. A Certificate of Appropriateness must be obtained from
the Planning Commission before making certain
alterations, described below as regulated work items,
contributing structures and structures listed
individually on the local register.
b. For each of the regulated work items listed below, the
following applies.
i. Ordinary Maintenance: If the work constitutes
"ordinary maintenance" as defined in this Code, the
work may be done without a Certificate of
Appropriateness.
ii. Staff Approval: If the work is not "ordinary
maintenance," but will result in the "original
appearance" as defined in this Code, the Certificate
of Appropriateness may be issued by the Director of
Public Services.
iii. Planning Commission Approval: If the work is not
"ordinary maintenance" and will not result in the
"original appearance," a Certificate of
Appropriateness must be obtained from the Planning
' Commission before the work may be done.
c. The following are regulated work items:
i. Installation or removal of metal awnings or metal
canopies.
ii. Installation of all decks above the first-floor
level and/or on the front of the structure.
iii. Installation of an exterior door or door frame, or
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the infill of an existing exterior door opening.
iv. Installation or removal of any exterior wall,
including the enclosure of any porch or other
outdoor area with any material other than insect
screening.
v. The installation or relocation of wood, chain-link,
masonry (garden walls) or wrought iron fencing, or
the removal of masonry (garden walls) or wrought
iron fencing.
vi. The installation or removal of all fire escapes,
exterior stairs or ramps for the handicapped.
vii. Painting unpainted masonry including stone, brick,
terra-cotta and concrete.
viii. Installation or removal of railings or other
wood, wrought iron or masonry detailing.
ix. Abrasive cleaning of exterior walls.
x. Installation of new roofing materials, or removal
of existing roofing materials.
xi. installation or removal of security grilles, except
that in no case shall permission to install such
grilles be completely denied.
xii. Installation of new exterior siding materials, or
removal of existing exterior siding materials.
xiii. Installation or removal of exterior skylights.
xiv. Installation of exterior screen windows or exterior
screen doors.
xv. Installation of an exterior window or window frame
or the infill of an existing exterior window
opening.
d. A Certificate of Appropriateness must be obtained from
the Planning Commission to erect a new building or
parking lot within a district listed on the Local
Register.
e. A Certificate of Appropriateness must be obtained from
the Planning Commission to demolish a building, structure
or object listed individually on the Local Register, or
designated as contributing to a district listed on the
Local Register.
f. A Certificate of Appropriateness must be obtained from
the Planning Commission to relocate a building,
structure, or object listed individually on the Local
Register, or designated as contributing to a district
listed on the Local Register.
' 2. Criteria for issuing.
a. The decision on all Certificate of Appropriateness,
except those for demolition, shall be guided by the
Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings and
the following visual compatibility standards:
i. Height -- Height shall be visually compatible with
adjacent buildings.
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ii. Proportion of building, structure or object's front
facade -- The width of building, structure or object
to the height of the front elevation shall be
visually compatible to buildings and places to which
it is visually related.
iii. Proportion of openings within the facility -- The
relationship of the width of the windows in a
building, structure, or object shall be visually
compatible with buildings and places to which the
' building, structure or object is visually related.
iv. Rhythm of solids to voids in front facades -- The
relationship of solids to voids in the front facade
of a building, structure or object shall be visually
compatible with buildings and places to which it is
visually related.
v. Rhythm of buildings, structures, or objects on
streets -- The relationship of the buildings,
structures, or objects to open space between it and
adjoining buildings and places shall be visually
compatible to the buildings and places to which it
is visually related.
vi. Rhythm of entrance and/or porch projection -- The
relationship of entrances and projections to
sidewalks of a building, structure, or object shall
be visually compatible to the buildings and places
to which it is visually related.
vii. Roof shapes -- The roof shape of the building,
structure, or object shall be visually compatible
with the buildings to which it is visually related.
viii.Wall of continuity -- Appurtenances of a building,
structure or object such as walls, fences, landscape
masses shall, if necessary, form cohesive walls of
enclosure along a street, to insure visual
compatibility of the building, structure, or object
to the building and places to which it is visually
related.
ix. Scale of a building -- The size of the building,
structure, or object, the building mass of the
building, structure or object in relation to open
space, the windows, door openings, porches, and
balconies shall be visually compatible with the
buildings and places to which it is visually
related.
x. Directional expression of front elevation -- A
building, structure, or object shall be visually
compatible with the buildings and places to which
it is visually related in its directional character.
b. In addition to the guidelines provided in paragraph (a)
above, issuance of Certificates of Appropriateness for
relocations shall be guided by the following factors:
' i. the historic character and aesthetic interest the
building, structure, or object contributes to its
present setting;
ii. whether there are definite plans for the area to be
vacated and the effect of those plans on the
character of the surrounding area;
iii. whether the building, structure, or object can be
moved without significant damage to its physical
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integrity; and
iv. whether the proposed relocation area is compatible
with the historical and architectural character of
the building, structure or object.
c. Issuance of Certificates of Appropriateness for
demolitions shall be guided by the following factors:
i. the historic or architectural significance of the
' building, structure or object;
ii. the importance of the building, structure, or object
to the ambience of a district;
iii. the difficulty or the impossibility of reproducing
such a building, structure or object because of its
design, texture, material, detail, or unique
location;
iv. whether the building, structure or object is one of
the last remaining examples of its kind in the
neighborhood, the county, or the region;
v. whether there are definite plans for reuse of the
property if the proposed demolition is carried out,
and the effect of those plans on the character of
the surrounding area;
vi. whether reasonable measures can be taken to save
the building, structure, or object from collapse;
and
vii. whether the building, structure, or object is
' capable of earning reasonable economic return on
its value.
3. Procedure.
a. A person wishing to undertake any of the actions
requiring a Certificate of Appropriateness shall file an
application for a Certificate of Appropriateness, and
supporting documents, with the Director.
b. The applicant shall confer with the Director concerning
the nature of the proposed action and requirements
related to it. The Director shall advise the applicant
of the nature and detail of the plans, designs,
photographs, reports or other exhibits required to be
submitted with the application. Such advice shall not
preclude the Planning Commission from requiring
additional material prior to making its determination in
the case. Following the conference with the Director,
a pre-application conference shall be held with the
Planning Commission if requested by the applicant.
c. Upon receipt of a completed application and all required
submittals and fees, the Director shall place the
application on the next regularly scheduled meeting of
the Planning Commission allowing for notice as required
herein. Applications for Certificates of Appropriateness
may be heard at specially called meetings of the Planning
Commission provided all notice requirements are met.
Upon mutual agreement between the applicant and the
Director, the application may be set for hearing at a
meeting later than the next regularly scheduled meeting.
d. At least fifteen (15) days, but not more than thirty (30)
days, prior to the meeting at which the application is
to be heard, the Director shall give the following
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notice:
i. Written notice of the time and place of the meeting
shall be sent to the applicant and all persons or
organizations filing written requests for
notification with the Department.
ii. One advertised notice in a newspaper of general
circulation.
t e. The hearing shall be held at the time and place indicated
in the notice. The decision of the Planning Commission
shall be made at the hearing.
f. The Planning Commission shall use the criteria set forth
in Paragraph F of this section to review the completed
application and accompanying submittals. After
completing the review of the application and fulfilling
the public notice and hearing requirements set forth
above, the Planning Commission shall take one of the
following actions:
i. grant the Certificate of Appropriateness with an
immediate effective date;
ii. grant the Certificate of Appropriateness with
special modifications and conditions;
iii. deny the Certificate of Appropriateness.
g. The Planning Commission shall make written findings and
conclusions that specifically relate the criteria for
granting Certificates of Appropriateness. All parties
shall be given the opportunity to present evidence
through documents, exhibits, testimony, or other means.
All parties shall be given the opportunity to rebut
evidence through cross-examination or other means.
h. The Department shall record and keep records of all
meetings. The records shall include the vote, absence,
or abstention of each member upon each question, all
official actions of the Planning Commission, and the
findings and conclusions of the Planning Commission.
All records shall be filed in the Department.
i. Any person aggrieved by a decision reached by the
Planning Commission may appeal the decision to the
Village Council.
j. No work for which a Certificate of Appropriateness is
required may be undertaken unless a Certificate of
Appropriateness authorizing the work is conspicuously
posted on the property where the work is to be performed.
Section 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall take effect
immediately upon passage.
PLACED ON FIRST READING THIS 14 DAY OF
PLACED ON FIRST PUBLIC HEARING THIS 14
1990.
PLACED ON SECOND PUBLIC HEARING THIS 28
1990.
JUNE 1990.
DAY of JUNE
DAY OF JUNE
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PLACED ON SECOND, FINAL READING AND PASSED THIS 28 DAY OF
JUNE , 1990.
' (MAYOR)
(Village seal)
ATTEST:
C~~ ~.._ CGS ~
Villa a Clerk
This Document was prepared by Craig A. Smith & Associates for the
Village of North Palm Beach, April 1990.
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NPB612.J
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