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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. 1 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 4 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. 5 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 6 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 7 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 8 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. 1 NPB612.J 1 9