OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS

Transcription

1 ARTICLE 4.5 ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses. These Districts, however, do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers to the use of such developed land, or to otherwise implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the Official Zoning Map. Section Historic Preservation: Designated Districts, Sites, and Buildings. [Amd. Ord /21/12] (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Historic Designation of Districts, Sites, and Buildings: [Amd. Ord /21/12] (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). [Amd. Ord /5/08] (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; 4.5-1

2 SECTION (B) (2) (d) (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Procedures for Historic Designation: [Amd. Ord /21/12] (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and listed on the Local Register of Historic Places. [Amd. Ord /21/12] (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Nominations for historic site status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or 4.5-2

3 SECTION (C) (2) (a) (3) (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner(s). [Amd. Ord /21/12] (3) A preliminary evaluation of the information provided on each nomination application shall be conducted by the Historic Preservation Planner to determine if it generally conforms with historic status criteria. A designation report shall then be prepared which contains the following: [Amd. Ord /21/12]; [Amd. Ord /26/91] (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; [Amd. Ord /26/91] (b) Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, and minimum lot size; [Amd. Ord /26/91] (c) Analysis of the historic significance and character of the nominated property; and [Amd. Ord /26/91] (d) Analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. [Amd. Ord /26/91] (4) A public hearing before the HPB shall be set, and notice of said hearing shall be made to the owner(s) of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. [Amd. Ord /21/12]; [Amd. Ord /18/05]; [Amd. Ord /26/91] DELETED (5) AND RENUMBERED [Amd. Ord /19/05] (5) After conducting the public hearing, the Historic Preservation Board shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to approve the designation. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures. [Amd. Ord /21/12]; [Amd. Ord /19/05]; [Amd. Ord /26/91] 4.5-3

4 SECTION (C) (6) DELETED (6) AND RENUMBERED [Amd. Ord /21/12] (6) The Board will issue an official "certificate of historic significance" to owner(s) of properties which are individually designated or classified as contributing to a historic district listed on the Local Register of Historic Places, as identified in Section 4.5.1(I). [Amd. Ord /21/12]; [Amd. Ord /19/05]; [Amd. Ord /26/91] (D) Development Review and Approval Procedures: Pursuant to Section 2.4.6(H), approval of a Certificate of Appropriateness (COA) must be obtained from the Historic Preservation Board prior to the exterior improvement of any property, building, or structure located within a Historic District or Individually Designated Site, as listed on the Local Register of Historic Places in Section 4.5.1(I), The COA process may occur concurrently with the processing of any additional reviews required for any such improvement of development. [Amd. Ord /21/12]; [Amd. Ord /16/08] (E) Development Standards: All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior s Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. [Amd. Ord /21/12]; [Amd. Ord /5/08] (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following: [Amd. Ord /5/08] (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development: For the purposes of this section, major and minor development standards shall be applied as noted in the following table: [Amd. Ord /21/12]; [Amd. Ord /5/08] 4.5-4

5 SECTION (E) (2) Zoning District CBD & CF R-1-A, R-1-AA, RO, OSSHAD, RL, & RM, Review Type by Use and Zoning District Modification of Contributing Modification of Non-Contributing New Use Structures Structures Construction Under 25% Over 25% Under 25% Over 25% Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor Single Family/Duplex Major Minor Major Minor Major Multi-Family Major Minor Major Minor Major Non-Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section (B) (12) is Minor. (a) For the purposes of this section, residential includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. [Amd. Ord /5/08] (b) Major development shall be considered: [Amd. Ord /5/08] 1. New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to Development Standards of Section (F); or, [Amd. Ord /21/12]; [Amd. Ord /5/08] 2. The construction, reconstruction, or alteration of a building in excess of twenty-five percent (25%) of the existing floor area, and all appurtenances, except for properties zoned CBD, CF, or OSSHAD, subject to Development Standards of Section (F). For the purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, [Amd. Ord /21/12]; [Amd. Ord /5/08] 3. The construction, reconstruction, or alteration of any part of the front façade of an existing contributing residential or non-residential structure and all appurtenances, except for properties zoned CBD, CF, or OSSHAD, subject to Development Standards of Section (F). [Amd. Ord /21/12]; [Amd. Ord /5/08] (c) Minor development shall be considered: [Amd. Ord /5/08] 1. New construction in all historic districts on property zoned CBD, CF, or OSSHAD subject to the Development Standards of Section (F); or, [Amd. Ord /21/12]; [Amd. Ord /5/08] 4.5-5

6 SECTION (E) (2) (c) Modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD, CF, or OSSHAD subject to the Development Standards of Section (F); or, [Amd. Ord /21/12]; [Amd. Ord /5/08] 3. The construction, reconstruction, or alteration of any part of the front façade of an existing noncontributing residential or nonresidential structures and all appurtenances; or, [Amd. Ord /5/08] 4. The construction, reconstruction, or alteration of less than twentyfive percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in [Amd. Ord /5/08] 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. [Amd. Ord /5/08] (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: [Amd. Ord /5/08] DELETED (a) AND RELETTERED [Amd. Ord /5/08] (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. [Amd. Ord /5/08] 1. Fences and Walls: The provisions of Section shall apply, except as modified below: [Amd. Ord /21/12]; [Amd. Ord /5/08] a. Chain-link fences are discouraged. When permitted, chain-link fences shall be clad in a green or black vinyl and only used in rear yards where they are not visible from a public right of way, even when screened by a hedge or other landscaping. [Amd. Ord /21/12]; [Amd. Ord /5/08] b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone appearance. [Amd. Ord /5/08] 4.5-6

7 SECTION (E) (3) (a) 1. c. c. Fences and walls over four feet (4 ) shall not be allowed in front or side street setbacks. [Amd. Ord /5/08] d. Non-historic and/or synthetic materials are discouraged, particularly when visible from a public right of way. [Amd. Ord /21/12] e. Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet (8 ) within the front or side street setbacks. [Amd. Ord /21/12] 2. Garages and Carports: [Amd. Ord /5/08] a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. [Amd. Ord /21/12] b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. [Amd. Ord /21/12] c. The enclosure of carports is discouraged. When permitted, the enclosure of the carport should maintain the original details, associated with the carport, such as decorative posts, columns, roof planes, and other features. [Amd. Ord /21/12] d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged; however, if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building. [Amd. Ord /21/12] (b) Parking: [Amd. Ord /5/08] 1. Parking areas shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following criteria shall be considered: [Amd. Ord /21/12]; [Amd. Ord /5/08] 4.5-7

8 SECTION (E) (3) (b) 1. a. a. Locate parking adjacent to the building or in the rear. [Amd. Ord /5/08] b. Screen parking that can be viewed from a public right-of-way with fencing, landscaping, or a combination of the two. [Amd. Ord /21/12]; [Amd. Ord /5/08] c. Utilize existing alleys to provide vehicular access to sites. [Amd. Ord /5/08] d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. [Amd. Ord /5/08] e. Use appropriate materials for driveways. [Amd. Ord /21/12]; [Amd. Ord /5/08] f. Driveway type and design should convey the historic character of the district and the property. [Amd. Ord /21/12]; [Amd. Ord /5/08] 2. Where feasible, and appropriate, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. [Amd. Ord /21/12]; [Amd. Ord /5/08] 3. In accordance with Section 4.6.9(F)(1), the Historic Preservation Board may reduce the parking requirement when, upon receipt and special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. [Amd. Ord /21/12] (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. [Amd. Ord /5/08] (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. [Amd. Ord /5/08] 4.5-8

9 SECTION (E) (6) (6) Relocation. [Amd. Ord /16/08]; [Amd. Ord /5/08] (a) Relocation of a historic building or structure, whether contributing, noncontributing, or individually designated, to another site shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: [Amd. Ord /21/12] DELETED 1. AND RENUMBERED [Amd. Ord /21/12] 1. it is shown that preservation on their existing or original site would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section (H); or, [Amd. Ord /21/12] 2. a building permit has been issued for the Historic Preservation Board approved redevelopment. [Amd. Ord /21/12] (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non-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 time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). [Amd. Ord /5/08]; [Amd. Ord /15/08] DELETED (7) AND RENUMBERED [Amd. Ord /5/08] (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. [Amd. Ord /16/08]; [Amd. Ord /5/08] 4.5-9

10 SECTION (E) (8) (a) (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: [Amd. Ord /5/08] 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. [Amd. Ord /5/08] a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. [Amd. Ord /5/08] b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. [Amd. Ord /5/08] 2. First Floor Maximum Height: Single-story or first floor limits shall be established by: [Amd. Ord /21/12]; [Amd. Ord /5/08] a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14 ). [Amd. Ord /5/08] b. Mean Roof Height shall not exceed eighteen feet (18 ). [Amd. Ord /5/08]

11 SECTION (E) (8) (a) 2. c. c. If any portion of the building exceeds the dimensions described in a. and b. above, the building shall be considered a multistory structure. [Amd. Ord /21/12]; [Amd. Ord /5/08] d. See illustration below: [Amd. Ord /5/08] e. Sections a., b., and c., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. [Amd. Ord /21/12]; [Amd. Ord /5/08] 3. Upper Story Height(s): Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12 ). [Amd. Ord /21/12]; [Amd. Ord /5/08] (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. [Amd. Ord /5/08] (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. [Amd. Ord /5/08] (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. [Amd. Ord /5/08]

12 SECTION (E) (8) (e) (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. [Amd. Ord /5/08] (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. [Amd. Ord /5/08] (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. [Amd. Ord /5/08] (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. [Amd. Ord /5/08] (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. [Amd. Ord /5/08] (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: [Amd. Ord /5/08] 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: [Amd. Ord /5/08] a. Lots sixty-five (65) feet or less in width are exempt from this requirement. [Amd. Ord /5/08]

13 SECTION (E) (8) (j) 1. b. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100 lot width x 40% = side yard setbacks = 25 ). [Amd. Ord /5/08] c. Any part or parts of the front façade may be used to meet this requirement. [Amd. Ord /5/08] d. See illustration below: [Amd. Ord /5/08] e. If the entire building is set back an additional seven (7) feet, no offset is required. [Amd. Ord /5/08] 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: [Amd. Ord /5/08] a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120 lot depth x 50% = front yard setback - 10 rear setback = 25 ). [Amd. Ord /5/08] b. Any part or parts of the side façades may be used to meet this requirement. [Amd. Ord /5/08] c. See illustration below: [Amd. Ord /5/08]

14 SECTION (E) (8) (j) 2. c. d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. [Amd. Ord /5/08] 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. [Amd. Ord /5/08] (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. [Amd. Ord /5/08] (l) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. [Amd. Ord /5/08] (m) Additions to Individually Designated Properties and Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: [Amd. Ord /21/12]; [Amd. Ord /5/08] 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. [Amd. Ord /5/08] 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. [Amd. Ord /5/08]

15 SECTION (E) (8) (m) Characteristic features of the original building shall not be destroyed or obscured. [Amd. Ord /5/08] 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. [Amd. Ord /5/08] 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. [Amd. Ord /5/08] 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. [Amd. Ord /5/08] (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following: [Amd. Ord /5/08] (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and [Amd. Ord /5/08]

16 SECTION (E) (9) (b) (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35 ), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18 ) along the front elevation(s). See illustration below. [Amd. Ord /5/08] (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(H). The Historic Preservation Board shall be guided by the following in considering such a request. [Amd. Ord /15/08] (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, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register

17 SECTION (F) (1) (b) (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or 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, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved 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. [Amd. Ord /15/08] (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). [Amd. Ord /16/08] (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 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) As a condition of the Certificate of Appropriateness approval for demolition, the Board may require that the applicant take such steps as it deems necessary to preserve the structure requested for demolition including consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. [Amd. Ord /16/08] (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, architectural details and ornaments, 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 architectural details for archival purposes prior to

18 SECTION (F) (6) demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural 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 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. [Amd. Ord /15/08] (7) The owner shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: [Amd. Ord /15/08] (a) A certified report from a registered architect or 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. [Amd. Ord /15/08] (b) 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. [Amd. Ord /15/08] (c) An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic property. [Amd. Ord /15/08] (d) 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. [Amd. Ord /15/08] (G) Unsafe Buildings: 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 will 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 taking 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

19 SECTION (H) (H) Undue Economic Hardship: In all instances where there is a claim of undue economic hardship, the property owner shall submit, within a reasonable period of time, prior to a meeting with the Board, the following documentation: [Amd. Ord /16/08] (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased; (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or mortgage payments, if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received, if any; and (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the property for the previous two years, if any; (b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Board may require that an applicant furnish additional information relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances, that information be furnished under oath. (4) In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible

20 SECTION (I) Repealed Sections (I), (J), (K), (L), (M), (N) and (O) in their entirety and enacted new sections (I), (J), (K), and (L) [Ord /21/12] (I) Local Register of Historic Places: The following Historic Districts, Sites, and/or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance adopted on January 12, 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (3) DEL-IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance , August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) (5) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance , October 11, 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n/k/a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat

21 SECTION (I) (6) Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R/WS, Gracey-Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R/W), Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance adopted on December 20, 1988; Amended by Ordinance 38-07, February 2, 2008; Amended by Ordinance 10-09, March 17, 2009) (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County. (Original Designation by Ordinance , January 10, 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89, April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89, April 11, 1989)

22 SECTION (I) (10) (10) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89, April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19-89, April 11, 1989) (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89, April 11, 1989) (13) HISTORIC FONTAINE FOX HOUSE PROPERTIES, The Fontaine Fox House is located at 610 N. Ocean Boulevard; the complete boundary of the site consists of Lot 1 of Ocean Apple Estates; Lots 1 and 2 of Ocean Apple Estates, Plat III; the South 50 feet of Lots 1 and 2, Ocean Apple Estates, Plat II; and Lot 3, Ocean Apple Estates, Plat II. (Original Designation by Ordinance 70-89, October 24, 1989, as amended by Ordinance 43-11, December 6, 2011 and Ordinance 04-13, February 19, 2013). (14) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90, May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (Original designation by Ordinance 22-91, March 26, 1991) (16) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 68-94, October 18, 1994.) (17) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 08-95, February 7, 1995.)

23 SECTION (I) (18) (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09-95, February 7, 1995; amended by Ordinance 29-02, July 16, 2002.) (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27-95, June 6, 1995.) (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28-95, June 6, 1995.) (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29-95, June 6, 1995.) (22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 57-96, December 3, 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the northsouth alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. (Original designation by Ordinance 6-97, February 18, 1997; Amended by Ordinance 38-07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East ½ of Lot 12, Section , Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26-97, July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46-97, November 18, 1997.)

24 SECTION (I) (26) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 12-98, March 3, 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46-99, November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18-00, August 15, 2000) (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 19-00, August 15, 2000.) (30) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (Original designation by Ordinance 15-01, February 20, 2001.) (31) THE O NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 27-02, July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25-03, August 19, 2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East feet of Lot 8 (less the West feet of the South feet of said East feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71-04, January 4, 2005.)

25 SECTION (I) (34) (34) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26-05, May 3, 2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50-05, July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 16-10, July 20, 2010.) (37) ADAMS AUTO DEALERSHIP, located at 290 SE 6 th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 30 and 31, Block 111, Town of Delray. (Original designation by Ordinance 24-12, August 21, 2012) (38) WATERS-WELLENBRINK RESIDENCE, located at 1108 Vista Del Mar Drive North, Delray Beach, Florida, more particularly described as follows: West Feet of Lot 32 & Lot 33, Delray Beach Esplanade. (Original designation by Ordinance 29-12, October 16, 2012) (39) THE MARINA HOUSE, located at 170 Marine Way, Delray Beach, Florida, Lot 15, A Subdivision of Block 126, Delray, Florida, according to the Plat thereof, recorded in Plat Book 11, Page 4, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance March 5, 2013.) (40) TWO FISHER LANE, located at 2 Fisher Lane, Delray Beach, Florida, more particularly described as follows: Lots 40 & 41 & Part of 50 Feet abandoned Canal Street lying east of & adj to, Las Palmas Sub. (Original designation by Ordinance September 3, 2013)

26 SECTION (J) (J) Tax Exemption for Historic Properties: A tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties, as listed in Section 4.5.1(I). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (100%) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying property made on or after the effective date of the original passing of Ordinance on November 19, (1) The exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (2) Duration of Tax Exemption: The exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. (3) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (4) Qualifying Properties: Real property located within the City qualifies for the Historic Property Tax Exemption if, at the time the exemption is approved by the City Commission, the property: (a) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, (b) is a contributing property within a district listed on the National Register of Historic Places or,

27 SECTION (J) (4) (c) (c) is a contributing property within a locally designated historic district or is individually designated and listed on the Local Register of Historic Places; and, (d) has been certified by the Historic Preservation Board as satisfying (a), (b), or (c). (5) Qualifying Improvements: Improvements to a qualifying property for an exemption, the improvement must: (a) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; and (b) be a constructed and/or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new. The exemption does not apply to improvements made to noncontributing principal buildings, existing non-contributing accessory structures., or undesignated structures and/or properties; and, (c) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations; and (d) include, as part of the overall project, visible improvements to the exterior of the structure. (6) Evaluation of Property Used for Government or Nonprofit Purposes: (a) For purposes of the exemption under Section , Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section , Florida Statutes. (b) For purposes of the exemption under Section , Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area

28 SECTION (J) (7) (7) Application for Exemption: Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. (b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property; a new property survey illustrating the improvements; a copy of the building permit application indicating estimated project cost; a copy of the Certificate of Occupancy/Final Inspection; and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. (c) The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. (d) The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the request has been denied

29 SECTION (J) (8) (8) Historic Preservation Exemption Covenant: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney s Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is authorized. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City s Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec (3), Florida Statutes. (9) Notice of Approval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore, the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was completed, the abatement will not take effect until the following year of the date of submittal

30 SECTION (J) (10) (10) Revocation Proceedings: (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. (K) Criteria for Change of Historic Designation and/or Classification: (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Change of Historic Designation through Removal from a Historic District: If a survey report reveals that a part of a historic district that touches the edge of the boundary of the historic district at the time of the original designation of that district has had its historic integrity irreversibly compromised due to inappropriate development then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(O)

31 SECTION (K) (1) (a) If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(O) and shall be determined as follows: 1. The survey report recommends the inclusion of an additional Period of Significance, which would reclassify properties from non-contributing to contributing; or 2. The survey report recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to noncontributing. (c) Change of Historic Designation through Expansion of a Historic District: The boundaries of a historic district may be expanded based upon the recommendation of a survey report. to include those properties recommended for inclusion within the district in accordance with LDR Section 4.5.1(O), or a new historic district may be created to include those identified properties in accordance with LDR Section 4.5.1(C). (L) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Change of Historic Designation through Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey report completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a survey report completed within five (5) years prior to the application; or

32 SECTION (L) (1) (c) (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district; and 2. signatures of at least seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500 ) of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided; however, posting pursuant to 2.4.2(B)(1)(b) is not required

33 SECTION (L) (2) (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey report completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a Cityinitiated survey report completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City-initiated survey report completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy-five percent (75%) of the owners whose properties are to be reclassified. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: i. Analysis of the properties to be reclassified; and ii. A staff recommendation as to whether or not the properties should be reclassified due to either: 1. loss of historic integrity as a result of irreversible alterations to a contributing property; or 2. inclusion of an additional Period of Significance per the survey report recommendations

34 SECTION (L) (2) (f) (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district at least ten (10) days prior to the hearing by regular mail. (3) After conducting the public hearing, the Historic Preservation Board shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of Ordinances

35 SECTION Section Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and, (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (B) Application: (1) Rule: No structure shall be located, extended, converted, structurally altered, or used on land which is located within a special flood hazard area without full compliance with the terms of this Section. The Chief Building Official is responsible for the issuance of permits pursuant to this Section. (2) Location of Special Flood Hazard Areas: The regulations contained herein shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergency Management Agency. (3) Restrictions: This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the Florida Building Code. Where this Section and another provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Amd. Ord /18/11] (4) Interpretations: In the interpretation and application of this Section all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and

36 SECTION (B) (4) (c) (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (5) Disclaimer: The degree of flood protection herein required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within these areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, its Mayor, members of the Commission, its officers, employees, or appointees thereof for any flood damages that result from reliance thereon or any administrative decision lawfully made thereunder. (C) Review and Approval Process: [See Section 2.4.6(I)] (D) Construction Standards: (1) General: In all areas of special flood hazard, the following provisions apply: [Amd. this Section Ord /18/11] [Deleted (a) and relettered Amd. Ord /15/11] (a) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure. (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (e) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (f) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding

37 SECTION (D) (1) (g) (g) Any alteration, repair, reconstruction, or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. (h) Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. (i) All mechanical, electrical and plumbing equipment must be located at or above the BFE. This includes all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. [Amd. Ord /18/11] (j) Where enclosed space occurs below the BFE, openings are required to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All openings shall be one (1) foot above adjacent grade. [Amd. Ord /18/11] (k) Louvers, screens, or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. [Amd. Ord /18/11] (l) Openings meeting the requirement of (j) and (k) above may be installed in doors. Doors by themselves do not meet the flood venting requirements. [Amd. Ord /15/11]; [Amd. Ord /18/11] (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FEMA Maps, the following provisions apply: (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, (as defined in Appendix A to these LDRs), including basement, elevated to or above base flood elevation. [Amd. Ord /21/05] (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, (as defined in Appendix A to these LDRs), including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. [Amd. Ord /21/05]

38 SECTION (D) (3) (3) Subdivisions: All subdivision proposals shall (a) Be consistent with the need to minimize flood damage; (b) Have public utilities such as water, gas, sewer, and electrical systems located and constructed to minimize flood damage; (c) Have adequate drainage provided to reduce exposure to flood hazards; (d) Provide base flood elevations in all cases where a plat involves five acres of land or fifty dwelling units. (E) Variances: The Board of Adjustment shall hear and decide appeals and requests for variances from the requirement of this Section pursuant to Section 2.4.7(A). (1) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this Subsection. (2) In passing upon the applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other portions of this Section, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

39 SECTION (E) (2) (j) (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and (l) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing that the requirements of this Section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (3) Upon consideration of the factors listed above and the purposes of this Section, the Board of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (4) Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result. (5) Basis for Variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (b) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (F) Other Administrative Functions: The Chief Building Official in his duty of implementing this Section shall: (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied. (2) Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of the permits be provided and maintained on file with the development permit

40 SECTION (F) (3) (3) Notify adjacent communities and the State Department of Community Affairs, 1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of a water course, and submit evidence of the notification to the Federal Insurance Administration. (4) Assure that maintenance is provided within the altered or relocated portion of the water course so that the flood carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (as defined in Appendix A to these LDRs) (including basement) of all new or substantially improved structures. [Amd. Ord /21/05] (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed. (7) When flood-proofing is utilized for a particular structure, the Chief Building Official, as administrator, shall obtain certification from a registered professional engineer or architect. (8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Chief Building Official, as administrator, shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (9) When base flood elevation data has not been provided, then the Chief Building Official, as administrator, shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of this Section. (10) All records pertaining to the provisions of this chapter shall be maintained in the office of the Chief Building Official and shall be open for public inspection. (11) In coastal high hazard areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (12) In coastal high hazard areas the Chief Building Official shall review plans for the adequacy of breakaway walls. (13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (as defined in Appendix A to these LDRs). [Amd. Ord /21/05] (14) The Chief Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request

41 SECTION Section Coastal Construction: (A) Purpose and Intent: The purpose of this Section is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the City. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. (B) Applicability and Exceptions: (1) Geographic Area: The requirements of this Section shall apply to construction and development in the Coastal Building Zone which is identified as the land area between the seasonal high-water line of the Atlantic Ocean and a line 1,500 feet landward from the coastal construction control line. (2) Types of Construction: The requirements of this Section shall apply to the following types of construction in the coastal building zone or partially within the coastal building zone. (a) The new construction of, or substantial improvement of major structures, nonhabitable major structures, and minor structures. (b) Construction which would change, or otherwise have the potential for substantial impact on coastal zones e.g. excavation, grading, paving. (c) Reconstruction, redevelopment, or repair of a damaged structure from any cause which meets the definition of a substantial improvement. (3) Conflict With Other Regulations: In the event of a conflict between this Section and other portions of these regulations, the requirements resulting in the more restrictive design shall apply. No provision in this Section shall be construed to permit any construction in any area prohibited by city, county, state, or federal regulation. (4) Special Information: (a) Certifications for Building Permits: Applications for building permits for construction in the Coastal Building Zone, if not of normal or usual design, may be required by the Chief Building Official to be certified by an architect or professional engineer registered in the State of Florida. Such certification shall state that the design plans and specifications are in compliance with the criteria established by this Section. (b) Reference Documents: Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this Section may be found in the following:

42 SECTION (B) (4) (b) (i) (i) Shore Protection Manual, U.S. Army Corps of Engineers, latest edition. (ii) U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. (iii) Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda (iv) Naval Facilities Engineering Command Design Manual, NAVFAC DM-26 U.S. Department of the Navy. (v) Coastal Construction Manual, Federal Emergency Management Agency, February, 1986, with notice that the wind design section is based upon the 1982 Edition of the Standard Building Code with the 1984 accumulated amendments and not the 1985 Edition of the Standard Building Code with the 1986 revisions as required by F.S (l)(d). (5) Exceptions: The requirements of this Section shall not apply to the following: (a) Minor work in the nature of normal beach cleaning and debris removal. See Section 4.5.5(D) for such requirements. (b) Structures in existence, or construction for which a valid and unexpired building permit was issued, prior to December 30, 1986, except for substantial improvements. (c) Construction extending seaward of the seasonal high-water line which is regulated by the provisions of F.S e.g., groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, and the like. (d) Construction of nonhabitable major structures and minor structures except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in the Standard Building Code, as amended. And, that public facilities comply with the following, at a minimum: (i) All sewage treatment and public water supply systems shall be flood-proofed to prevent infiltration of surface water anticipated under design storm conditions

43 SECTION (B) (5) (d) (ii) (ii) Underground utilities, excluding pad transformers and vaults, shall be flood-proofed to prevent infiltration of surface water anticipated under design storm conditions or shall otherwise be designed to function when submerged under design storm conditions. (e) Structures listed in the National Register of historic Places of the State Inventory of Historic Places. (f) Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. (C) Development Regulations: (1) Public Access: Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescription easement, or other legal means, development or construction shall not interfere with the right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate those public accessways so long as they are: (a) Of substantially similar quality and convenience to the public; (b) Approved by the local government and approved by the Department of Natural Resources whenever improvements are involved seaward of the coastal construction line; and (c) Consistent with the coastal management element of the local Comprehensive Plan. (2) Location of Construction: Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished. (3) Structural Requirements: (a) Design and Construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with 2001 Florida Building Code, as amended, and applicable federal and state agencies. [Amd. Ord /15/03]; DELETED (4) AND RENUMBERED [Amd. Ord /15/03];

44 SECTION (C) (4) (4) Foundations: The elevation of the soil surface to be used in the design of foundations, calculation of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour-producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since June 30, 1980, Upon request the Department of Natural Resources may provide information as to those areas within coastal building zones where erosion and scour of a 100-year storm event is applicable. (5) Wave Forces: (a) Calculations for wave forces resulting from design storm conditions on building foundations and superstructures may be based upon the minimum criteria and methods prescribed in the Naval Facilities Engineering Command Design Manual, NAVFAC DM-26, U.S. Department of Navy; Shore Protection Manual, U.S. Department of the Army Corps of Engineers; U.S. Department of the Army Coastal Engineering Research Center Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Resources; or other professionally recognized methodologies which produce equivalent design criteria. (b) Breaking, broken, and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact as well as dynamic loading and the harmonic intensification resulting from repetitive waves. (6) Hydrostatic Loads: Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (for example, floors, slabs, roofs, and walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal components acting simultaneously under the distribution of the hydrostatic pressures

45 SECTION (C) (7) (7) Hydrodynamic Loads: Hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design storm. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. Section Palm Beach County Ordinances: Palm Beach County is a Charter County and, as such, has the ability to enact ordinances which are effective within municipal boundaries. The manner in which such ordinances, which impact the land development process, are accommodated within the City of Delray Beach is set forth below. (A) Wetlands Protection Ordinance (1) Reference: County Ordinance 90-5, adopted on January 23, 1990, applies within the municipal limits of Delray Beach. (2) Applicability: To lands defined in Section 3.v of the County Ordinance with exceptions per Section 4.01, therein. (3) Process: When this Ordinance is applicable to property which is subject to development review and approval, the applicant is responsible for compliance therewith. Compliance shall be initiated during the City's review process but satisfaction of Ordinance 90-5 may be made a condition of approval. (B) Wellfield Protection Ordinance (1) Reference: The Palm Beach County Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter, applies within the municipal limits of Delray Beach. [Amd. Ord /26/93] (2) Applicability: To land contained within Wellfield Protection Zones 1, 2, 3, and 4 as depicted upon the Wellfield Protection Map Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: [Amd. Ord /26/93] (a) Application for a building permit for nonresidential activity; (b) Application for a building permit for residential development of twentyfive (25) or more units; (c) Application for a nonresidential development subject to site plan review or conditional use review and approval

46 SECTION (B) (3) (3) Process: (a) Development Applications: When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional approval is required, the staff report provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance with applicable provisions of the Ordinance will be achieved. [Amd. Ord /26/93] (b) Occupational Licenses: Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance, must be provided to the City. (4) Additional Restrictions: In addition to the provisions of the Countywide Wellfield Protection Ordinance, the following special regulations apply within the City of Delray Beach. (a) The installations of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited. (b) The replacement, reconditioning, or extension of the depth of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited. [Amd. Ord /26/93] (C) Traffic Performance Standards Ordinance: [Reference Section 2.4.3(E) of these Land Development Regulations]. (D) Coastal Resource Protection Ordinance: [Reference Ordinance 34-90, of the City of Delray Beach, adopted on August 28, 1990]

47 SECTION Section The West Atlantic Avenue Overlay District: [Amd. Ord /5/95] (A) General: With the adoption of the City s Comprehensive Plan by Ordinance No on November 28, 1989, the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization. In accordance with Future Land Use Element Policy C-2.4, a redevelopment plan was prepared for the area and was adopted by the City Commission at its meeting of July 11, This section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan. All development within the West Atlantic Overlay District, as defined in Section (B) below, shall take place according to the provisions of the adopted plan. [Amd. Ord /5/95] (B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by I-95 on the west, Swinton Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street on the north, and extending one block north of N.W. 1st Street along N.W. 5th Avenue to include Blocks 19 and 27, Town of Delray. The regulations established in Section (G)(2) shall apply to all CBD zoned parcels within the Overlay District. [Amd. Ord /16/04]; [Amd. Ord /5/95] (C) West Atlantic Avenue Redevelopment Coalition (WARC): [Amd. Ord /16/04] (1) All applications for commercial or multiple family residential development, including signs, within the West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Redevelopment Coalition (WARC) for comment. [Amd. Ord /16/04] DELETED (2) THROUGH (4) [Amd. Ord /16/04] Section The North Federal Highway Overlay District: [Amd. Ord /19/96] (A) Defined: The North Federal Highway Overlay District is hereby established as the area bounded by Dixie Highway on the west, the northern City limits on the north, North Federal Highway on the east, and N.E. 14th Street on the south. The regulations established in Section 4.4.9(D) and G(2) shall apply to all GC zoned parcels within the overlay district. [Amd. Ord /19/96]

48 SECTION Section The Wallace Drive Overlay District: [Amd. Ord /3/04] (A) Defined: The Wallace Drive Overlay District is hereby established as the area bounded by SW 10 th Street on the north, Georgia Street on the south, SW 9 th Avenue on the east and Wallace Drive on the west. The regulations established in Section (F)(3) shall apply to all LI zoned parcels within the overlay district. [Amd. Ord /3/04] Section The Southwest Neighborhood Overlay District [Amd. Ord /19/08]; [Amd. Ord /6/04] (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and S.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, Family/Workforce Housing (in addition to applicable Land Development Regulations) shall apply to this district. [Amd. Ord /1/14]; Section The Southwest 10 th Street Overlay District [Amd. Ord /6/04] (A) Defined: The Southwest 10 th Street Overlay District is located between S.W. 10 th Street to the north and Reigle Avenue to the South and between Swinton Boulevard to the east and S.W. 2 nd Avenue, if it was extended to Reigle Avenue, to the west. The application regulations set forth in Section 4.7, Family Workforce Housing shall apply to the Southwest 10 th Street Overlay District in addition to other applicable Land Development Regulations. Section The Carver Estates Overlay District [Amd. Ord /6/04] (A) Defined: The Carver Estates Overlay District covers two areas shown on the map in Section 4.7.1c of the Land Development Regulations. The applicable regulations set forth in Section 4.7, Family/Workforce Housing, shall apply to the Carver Estates Overlay District in addition to other applicable Land Development Regulations. Section The Infill Workforce Housing Area [Amd. Ord /4/06] (A) Defined: The Infill Workforce Housing Area is located west of the Intracoastal Waterway and east of I-95 as shown on the map in Section 4.7.1(l) of the Land Development Regulations

49 SECTION Section North Beach/Seagate and Ocean Neighborhood Overlay Districts: [Renumbered by Amd. Ord /4/06]; [Amd. Ord /4/05] (A) General: With the adoption of the City s Comprehensive Plan Amendment 99-1, Housing Element Policy A-12.4 was modified to state the City will provide planning and technical assistance to implement neighborhood-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 neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. In accordance with this policy, the Beach Property Owners Design Manual was prepared for the single family zoned properties, east of the Intracoastal Waterway, and was adopted by the City Commission on January 4, This section is created to adopt and implement the provision of the North Beach and Seagate Neighborhoods Design Manual. All development within the North Beach/Seagate and Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the provisions of the manual adopted herein and shall follow the standards for visual compatibility provided within the guidelines including regulations limiting height, width, mass, scale, materials, color, style, form and square footage. The Beach Property Owners Design Manual is included as an exhibit hereto. [Amd. Ord /18/07]; [Amd. Ord /4/05] (B) Defined: [Amd. Ord /4/05] (1) North Beach/Seagate Neighborhood Overlay District: The North Beach/Seagate Neighborhood Overlay District is hereby established as the area zoned Single Family Residential (R-1), located north of East Atlantic Avenue, south of George Bush Boulevard, east of the Intracoastal Waterway and west of North Ocean Boulevard (State Road A-1-A) together with the entire Seagate Neighborhood generally located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway and south Ocean Boulevard (State Road A-1-A), less Lots 35 through 45, Block 5, of the plat of Seagate Extension. The regulations established in Section 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. [Amd. Ord /4/05] (2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay District is hereby established as the area located east of Ocean Boulevard (State Road A-1-A), zoned Single Family Residential (R-1). The regulations established in Sections 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. [Amd. Ord /4/05]

50 SECTION Section Four Corners Overlay District [Amd. Ord /20/07] (A) Defined: The Four Corners Overlay District is hereby established as the area located at the four corners of the intersection of West Atlantic Avenue and Military Trail. The Overlay District includes both GC (General Commercial) and PC (Planned Commercial) zoned properties. All development within the overlay district is subject to special provisions included within the GC and PC zoning district regulations. [Amd. Ord /20/07] Section I-95/CSX Railroad Corridor Overlay District [Amd. Ord /20/07] (A) Defined: The I-95/CSX Railroad Corridor Overlay District is located east of the CSX Railroad, west of I-95, south of the E-4 Canal, and north of the Historic Depot property, as shown on the map in Section 4.7.1(t) of the Land Development Regulations. The applicable regulations set forth in Section 4.7, Family/Workforce Housing, shall apply to the I-95/CSX Railroad Corridor Overlay District in addition to other applicable Land Development Regulations. [Amd. Ord /20/07] Section Lake Ida Neighborhood Overlay District: [Amd. Ord /17/08] (A) Defined: The Lake Ida Neighborhood Overlay District is hereby established as the area bounded by NW 22nd Street on the north, Swinton Avenue on the east, Lake Ida Road on the south, and Interstate 95 on the west for the properties that are zoned R-1-AA (Single Family Residential), R-1-AAA (Single Family Residential), and R-1- AAAB (Single Family residential). All development within the overlay district is subject to the special provisions included within the Single Family Residential (R-1) Districts. Section Silver Terrace Courtyards Overlay District: [Amd. Ord /18/09] (A) Defined: The Silver Terrace Courtyards Overlay District is located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray, as shown on the map in Section 4.7.1(v) of the Land Development Regulations. The applicable regulations set forth in Section 4.7, Family/Workforce Housing, shall apply to the Silver Terrace Courtyards Overlay District in addition to other applicable Land Development Regulations

51 SECTION Section Medical Arts Overlay District: [Amd. Ord /5/11] (A) Defined: The Medical Arts Overlay District is hereby established to include the following area: The North half (N ½) of the Northeast quarter (NE ¼) of Section 26, Township 46 South, Range 42 East, lying South of the Linton Boulevard road right-of-way, East of the LWDD E-3 Canal right-of way, and West of the Military Trail road right-of-way; together with Parcel 1, Delray Town Center, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 65, Page 189, of the Public Records of Palm Beach County; together with Parcel A, Delray Outpatient Properties Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 99, Page 197, of the Public Records of Palm Beach County; together with the Northwest quarter (NW ¼) of the Northwest quarter (NW ¼), of Section 25, Township 46 South, Range 42 East, lying South of the Linton Boulevard road right-of-way, and East of the Military Trail road right-of-way, less the South half (S ½) of the Southeast quarter (SE ¼) of the Northwest Quarter (NW ¼) of the Northwest Quarter (NW ¼). (B) Map of Overlay District Section Lintco Development Overlay District: [Amd. Ord /7/12 (A) Defined: The Lintco Development Overlay District is hereby established to include the area on the north side of Linton Boulevard, west of SW 4th Avenue as shown on the Map in Section (B), below:

52 SECTION (B) (B) Map of Overlay District Section Waterford Overlay District: [Amd. Ord /7/12 (A) Defined: The Waterford Overlay District is hereby established to include the following area: Parcel B as set forth on the plat of Waterford Park, recorded in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District