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HomeMy Public PortalAboutORD 91/13ORDINANCE r AN ORDINANCE OF THE BEACH COUNTY, FLOR ESTABLISHMENT OF COUNCIL; DECLARING' PROVIDING FOR DE& APPOINTMENT, QU L COMPENSATION OF C RULES OF PROCEDU E; OF LANDMARKS AND LAN THE CREATION OF HIS FORTH�I DESIGNATION PROCE URES; ETTING COUNCIL; SE NG APPROPRIATENESS ROC• FORTH C ERZA CERTIFZCAT S OF AP? DEMOLITIONJB NEG, POWERS; PR NG PROVIDING F UN FINES AND LI S. RESTRI VE V NANTS; PROVIBIN DING FOR CODIFICA�TI ; IVE DATE. (' \tel AA,V �PROVIDINGULF RCF R PALM THE P LANDMARKS PRESS RVATION PURPOSE AND INTENT; INIT ONS; PFiOV ING FOR LI ION, ���r% RM, AND CIL -MBER SETTING FORTH ROV DING FOR DESIGNATION D S ES; PROVIDING FOR TO C DISTRICTS; S TTING Cf D UNDESIG ATZON FO POWERS O THE FORTH CERTIFIC O�jl EDURES AND EFFECT S TIN FOR THE I OF OP IATENESS; P NG SETTING F R OU IL R APPEALS AND REVI CIL ENFORC NT POC�(ER , PROVIDING O VOL ARY PROVIDI " Nk P SECTION 1PURPOS AND INTENT SECTION 2,FINIT ONS SECTION CO\U IL CREATED; APPOINT ENT; QUALIFICATIONS; TERMS COMPENSATION; ALTERNATES SECTION 4 OFFICERS; RULES OF PROCEDURE FOR COUNCIL SECTION 5A DESIGNATION OF LANDMARKS AND LANDMARK SITES SECTION 5B CREATION OF HISTORIC DISTRICTS AUTHORIZED SECTION 6 LANDMARK, LANDMARK SITE AND HISTORIC DISTRICT DESIGNATION AND UNDESIGNATION PROCEDURES SECTION 7 POWERS OF THE COUNCIL; CERTIFICATES OF APPROPRIATENESS REQUIRED SECTION 8 CERTIFICATE OF APPROPRIATENESS PROCEDURES AND EFFECT SECTION 9 CRITERIA FOR THE ISSUANCE OF CERTIFICATES OF APPROPRIATENESS SECTION 10 DEMOLITION BY NEGLECT SECTION 11 COUNCIL POWERS WITH RESPECT TO LANDMARKS, LANDMARK SITES AND HISTORIC DISTRICTS SECTION 12 APPEALS AND REVIEW SECTION 13 COUNCIL ENFORCEMENT POWERS; PINES AND LIENS SECTION 14 VOLUNTARY RESTRICTIVE COVENANTS SECTION 15 SEVERABILITY SECTION 16 ORDINANCES IN CONFLICT SECTION 17 EFFECTIVE DATE BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1, Purpose and Intent. Insofar as the historic resources of the Town of Gulf Stream are an integral part of its charm and character, as well as being essential links to the Town's singular past, it is hereby declared to be a matter of public policy that the protection, enhancement and perpetuation of properties or landscape features of special, notable, aesthetic or architectural character or historic interest or value is a public purpose and necessity and is required in the interest of health, prosperity, safety and general welfare of the people residing within and without the Town. The purpose of this ordinance is to: (a) Effect and accomplish the protection, enhancement and perpetuation of such properties and of districts which represent or reflect elements of the Town's cultural, social, economic, political and architectural history. (b) Safeguard the Town's historic and cultural heritage, as embodied and reflected in such Landmarks and Historic Districts. (c) Stabilize and improve property values. (d) Foster civic pride in the beauty and notable accomplishments of the past. (e) Promote the use of Historic Districts and Landmarks for the education, pleasure and welfare of the residents of and visitors to the Town. Section 2, Definitions. In this ordinance, unless the context clearly requires otherwise: Alteration: Any change because of construction, repair, maintenance or otherwise to a building located within a Historic District or designated as a Landmark, or Landmark Site which affects the exterior appearance of a building. Applicant: The record owner of the site and/or buildings located thereon, the owner's authorized agent, or a person holding a "bona fide" contract to purchase same who makes application for a Certificate of Appropriateness under this ordinance joined by owner of record. Building: Any building or other structure built for shelter or enclosure of persons, animals, or chattels, including fences, signs, paving and boundary walls, and any part of any such building or structure when subdivided by division walls or party walls extending to or above the roof and without openings in such separate walls. The term "building" shall be construed as if followed by the words "or any part thereof." Certificate of Appropriateness: A document evidencing approval of the Council for work proposed by an applicant. Council or Landmarks Council: means the LandmarksPresertion Council created under this ordinance. va Construction: The erection of an on-site improvement to a Landmark or to a building or any parcel of ground located within a Historic District or on a Landmark Site, whether this site is presently improved or unimproved, or hereafter becomes unimproved by "demolition," "demolition by neglect" or as a result of destruction of an improvement located thereon by fire, windstorm or other casualty, or otherwise (such a parcel of ground being herein referred to as a "site"). Demolition: The complete or constructive removal of a building or any portion thereof on any site. Demolition by Ne lect: Neglect in the maintenance of any building, resulting in any one or more of the following: (1) The deterioration of a building(s) to the extent that it creates or permits a hazardous or unsafe condition as determined by the Building Official. (2) The deterioration, as determined by the Building Official, of a building(s) characterized by one or more of the following: (a) Those buildings which have parts thereof which are so attached that they may fall and injure persons or property. (b) Deteriorated or inadequate foundation. (c) Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety. (d) Members of walls or other vertical supports that split, lean,'list or buckle due to defective material or deterioration. (e) Members of walls or other vertical supports that are insufficient to carry imposed loads with safety. (f) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (g) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are insufficient to carry imposed loads with safety. (h) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (i) Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight. (j) Unsafe electrical and/or mechanical conditions. (3) Action by the Town Commission, the Fire Chief or the Building Official based upon the safety or physical condition of any building. Earthworks: Any subsurface remains of historical, archaeological or architectural importance or any unusual ground formations of archaeological significance. Exterior: All outside surfaces of a building. Historic District: An area identified by the Council which contains one or more Landmarks or Landmark sites as well as those abutting sites which the Council'determines should fall under the provisions of this section to assure that their appearance and development is harmonious with such Landmarks and Landmark Sites. Landmark and Landmark Site: An unimproved parcel of ground, including, without limitation, earthworks (Landmark Site) or a parcel of ground with improvements (Landmark), wheresoever located in the Town of particular historic, architectural or cultural significance, which said Landmark 'or Landmark Site meets the criteria set forth in Section 5A. Ordinary Repairs or Maintenance: Work done to prevent deterioration of a building or to correct any deterioration or decay of or damage to a building or any part thereof by restoring the building as nearly as practicable to its condition prior to such deterioration, decay or damage. Owner of Record: As reflected on the current Palm Beach County tax roll. ion 3, Council erna nt A Landmarks Preservation Council is hereby created consisting of five (5) members. A majority of the members shall have, to the highest extent practicable, a special knowledge of and a known interest in landmarks preservation. At least three (3) members shall be owners of property located in, or residents of the Town. The term for each member shall be three (3) years and each will serve without compensation. The Town Commission shall appoint the members from time to time. The first Council to be created within ninety (90) days of the passage of this Ordinance, shall have one (1) member for a one-year term, two (2) members for two-year terms and two (2) members for three-year terms. The Town Commission shall appoint up to three (3) alternate Council members with similar qualifications to serve in the absence of any regular Council members. Section 4, Officers, Rules of Procedure for Council. The Council shall elect, a Chairman, a Vice - Chairman and a Secretary and may adopt rules for the conduct of its meetings. A majority of the Council shall constitute a quorum for the transaction of business; provided however, that in cases of emergency, if a quorum cannot be obtained, the Chairman, or Vice -Chairman in his absence, and one other member of the Council may act to prevent an imminent and irreparable violation of the provisions of this ordinance. Section 5A, Designation of Landmarks and Landmark Sites. A Landmark or Landmark Site shall meet at least one of the following criteria: (a) its character, interest or value is part of the development, heritage or cultural characteristics of the community; or (b) is identified with historic personages or with important events in national, state or local history; or (c) embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship; or (d) is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized or who influenced his age; or (e) is a historic or irreplaceable landscape feature. Section 5B, Creation of Historic Districts authorized. For preservation purposes, the Council shall identify geographically defined areas within the Town to be designated as Historic Districts and shall cite the guideline criteria upon which such designation shall be made. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance of the Town which: (a) meets at least one of the criteria set forth in Section 5A; or (b) constitutes a unique area of architecture, landscaping and/or planning. Section 6, Landmark, Landmark Site and Historic District Designation and ocedures. The following procedure shall be adhered to by the Council in designating any building, site, or district that is worthy of preservation: (a) The Council shall consider for landmark designation any property proposed by the owner 'of record or by a member of the Council: (b) Notice of a proposed designation shall be sent by certified mail to the owner of record or property proposed for designation as a Landmark or Landmark Site and to each owner of record of property in a district proposed for designation as a Historic District, describing the property proposed and announcing a public hearing by the Council to consider such a designation to be held not less than thirty (30) days after the mailing of such notice. (c) The Council shall also cause notice of each such proposed designation to be posted at least thirty (30) days prior to the public hearing on the bulletin board at the Town Hall, and in addition the Council shall cause such notice to be published in a newspaper having general circulation in the Town. (d) The Council may retain or solicit expert testimony regarding the historic and architectural importance of the buildings and districts under consideration for designation.• (e) The Council may present testimony or documentary evidence of its own to establish a record regarding the historic and architectural importance of the proposed Landmark, Landmark Site or Historic District. (f) The Council shall afford the owner of each affected property reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of such property. (g) The owner of each affected property shall be afforded a , right of representation by counsel and reasonable opportunity to cross-examine witnesses presented by the Council. (h) Any interested party may present testimony or documentary evidence regarding the designation of a proposed Landmark, Landmark Site or Historic District at the public hearing and may submit to the Council documentary evidence within three (3) days after the hearing. (i) Within not more than 'thirty (30) days after a public hearing, the Council shall render a final decision regarding the proposed designation and should give written notice of its decision to each owner of property affected by the designation, setting forth the reasons for the decision. (j) The Council shall maintain a record of testimony and documentary evidence submitted to the Council for consideration of the designation of a proposed or previously designated Landmark, Landmark Site or Historic District. (k) In accordance with Section 11(a) of this ordinance the Town Commission shall, within ninety (90) days of the Council's final decision, hold a public hearing to consider ratification of the determination of the Council prior to the designation of a property as a Landmark or Landmark Site or of a district as a Historic District becoming effective. Absent ratification by the Town Commission, the Council's determination shall be ineffective. (1) Within thirty (30) days of the date on which the Town Commission ratifies the Council's designation of a Landmark, Landmark Site or Historic District, the Council shall cause to, be filed in the Office of Recorder of Deeds of Palm Beach County a certificate of notification that such property is designated a Landmark or Landmark Site or is located within a district designated a Historic District; and said certificate of notification shall be maintained on the public record until such time as such designation may be withdrawn by the Council and the Town Commission. (m) Designation of a Landmark, Landmark Site or a Historic District may be withdrawn by following the same procedure as listed above. Section 7, Powers of the Council; Certificates of Annrnnriahnnccc rcrtnirnA (a) No Landmark nor any building or site planning feature including, but not limited to, landscaping, garden walls, pools, fountains, etc., on a Landmark site or within a Historic District shall be erected, altered, restored, moved or demolished until after an application for a Certificate of Appropriateness as to exterior architectural features has been submitted to and approved by the Council. Similarly, if earthworks of historical or archaeological importance exist in a Historic District, or on a Landmark Site, there shall be no excavating or moving of earth, rock or subsoil in or about such earthworks without a Certificate of Appropriateness. For the purpose of this ordinance "exterior architectural features" shall include but not be limited to the architectural style, scale, general design and general arrangement of the exterior of a building, including the kind and texture of the building material and type and style of roofs, windows and doors. (b) The Council shall not consider interior arrangement or use, except as this may affect a request for exterior changes. (c) Nothing in this ordinance shall be construed to prevent ordinary maintenance or repairs which do not involve a change of design, material or color which do not affect the outward appearance of a building. (d) The Council shall exercise only those powers and duties granted by this ordinance and those powers and duties which may be assigned to it at a later date by the Town Commission. tion 8, Certi (a) The Council shall prescribe the procedure for making application for a Certificate of Appropriateness and may develop design guidelines necessary to provide a framework for studying plans submitted. The Council may set fees for Certificate applications. (b) The applicant shall, upon request, have the right to a preliminary conference with the Building Official for the purpose of making any changes or adjustments to the application which might be more consistent, with the Council's standards. (c) The Council shall hold a public hearing upon each application for a Certificate of Appropriateness affecting property under its control. Notice of the time and place,of said hearing shall be given by publication in a newspaper having general circulation in the Town at least fifteen (15) days before such hearing and by posting such notice on the bulletin board at the Town Hall. In addition, notice shall be mailed at least fifteen (15) days prior to the date of such public hearing to the applicant and to the Building Official. (d) Within not more than thirty (30) days after the hearing on an application, the Council shall act upon it, either approving, denying or deferring action until the next meeting of the Council, giving consideration to the factors set forth in Section 9 hereof. Evidence of approval of the application shall be by Certificate of Appropriateness issued by the Council, valid for a period not to exceed one year from date of issuance, and whatever its decision, a notice in writing shall be given to the applicant and the Building Official. The Council shall keep a record of its actions under this ordinance. (e) No building permit for exterior changes shall be issued by the Building Official which affects a building or site in a Historic District or a Landmark or a Landmark Site or a property under consideration for landmark designation without a Certificate of Appropriateness. f� (f) The Council shall have the right to make such recommendations for changes and modifications as it may deem necessary in order to enable the applicant to meet the requirements. (g) Nothing contained herein shall prevent the making of any temporary construction, reconstruction, demolition or,other repairs on a Landmark, Landmark Site or a building in a Historic District pursuant to the order of any governmental agency or a court of competent jurisdiction for the purpose of remedying emergency conditions determined to be dangerous to life, health or property, as determined by the Building Official, provided that in case of demolition prior notice of such action shall be given to the Council. (h) Where, by reason of topographical conditions, or irregularly shaped lots,, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this ordinance would result in serious undue hardship particularly affecting such applicant, the Council, in passing upon his application, shall have the power to vary or modify adherence to this ordinance; provided always that its requirements insure harmony with the general purposes hereof and will not adversely affect a Historic District, Landmark or Landmark Site. Guidelines for the application of this subsection may be developed by the Council. (i) In the event work is being performed not in accordance with the Certificate of Appropriateness, the Building Official or his designated representative shall issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such project as long as such stop work order shall continue in effect. The Council may hold the owner responsible for returning the property to its original state or conforming to the provisions of the Certificate of Appropriateness. Section cates o In passing upon an application for a Certificate of Appropriateness, the Council shall consider the following criteria: (a) For new construction: (1) The following aspects of new construction shall be visually compatible with the buildings and environment with which the new construction is visually related, namely: the height, the gross volume, the proportion between width and height of the facade(s), the proportions and relationships between doors and windows, the rhythm of solids to voids created by openings in the facade, the materials used in the facade, the texture inherent in the facade, the colors, pattern and trim used in the facade, and the design of the roof. (2) Existing rhythm created by existing building masses and space between them should be preserved. (3) The landscape plan should be sensitive to the individual building and its occupants and needs and should be visually compatible with the buildings and environment with which it is visually related. (4) A new street facade should blend directionally with other buildings with which it is visually related; which is to say, when adjacent buildings have a dominant horizontal or vertical expression, that expression should be carried over in the new facade. (5) Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent architectural characteristics of the area. (b) For exterior alterations: (1) The criteria set forth in (a) above, if applicable, shall be considered in passing upon an application for exterior alterations; provided that the Council may consider the original design of the building and the buildings visually related to it and disregard alterations subsequently made thereto. (2) Exterior alterations shall not affect the architectural quality or historical character of the building. (c) Demolition: For demolition of a Landmark or a building in a Historic District, the following should be considered: (1) The historic or architectural significance of the building or landscape feature. (2) The importance of the building or landscape features to the aesthetics of the District. (3) The special character and aesthetic interest that the building or landscape feature adds to the District. (4) The difficulty or the impossibility of reproducing such a building or landscape feature because of its design, texture, material, detail, age or uniqueness of location. (5) The future utilization of the site. (d) Reconstruction of a non -conforming use building: The reconstruction of a non -conforming building in a Historic District destroyed 10 by fire, storm or other act of God shall be governed by the provisions of the zoning ordinance, except that the Council shall regulate the exterior design of such buildings in accordance with the criteria set forth in (a) above. Section 10, Demolition by Neglect In the event the Council determines that a Landmark is in the course of being demolished by neglect, it shall notify the owner of record of such preliminary finding stating the reason therefore and shall give the owner of record thirty (30) days from the date. of notice in which to commence work rectifying the evidences of neglect cited by the Council. Such notice shall be accomplished in the following manner. (1) By certified mailing to the last known address of the owner of record; or (2) In the event the procedure outlined in (a) above is not successful, then by attaching such notice to the Landmark twice within a week. Upon the owner of record's failing to commence work within thirty (30) days of such notice, the Council shall notify the owner of record in the manner provided above to appear at the next Public hearing of the Council. The Council shall cause to be presented at said public hearing the reasons for the notice, and the owner of record shall have the right to present any rebuttal thereto. If, thereafter, the Council shall determine that the Landmark is being demolished by neglect, the Council shall inform the Town Commission of its determination, whereupon the Town Commission may bring charges against the owner of record for 'violation of this ordinance; and the Town Commission may cause such Landmark to be repaired at its expense at such time as funds are appropriated therefor, in which event the Town may file an affidavit of the Building Official to such effect it may lawfully do so, a lien against the property for the funds so expended by the Town. ion 11, Council Powers with Respect to The Council may exercise the following powers: (a) To designate a building or landscape feature together with its accessory building(s) or feature(s) and its lot of record, or a vacant site or a district as historic and worthy of preservation as a Landmark, Landmark Site or Historic District, as the case may be, within the jurisdiction of the Council, provided such designation is ratified by the Town Commission. 11 (b) To make application for public and private funds when appropriate and available for the purposes set forth in this ordinance subject to the approval of the Town Commission. (c) To maintain and update the Town's survey of Historic resources. (d) To recommend appropriate legislation for the preservation of any building, site or district which it has so designated. (e) To recommend modified building code enforcement for a Landmark or Historic District building. (f) To review applications proposing erection, alteration, restoration or moving of any building which it has so designated or any building located in a district which it has so designated, and to issue or deny Certificates of Appropriateness accordingly. (g) To review applications for demolition permits proposing demolition of all or part of any Landmark or any building or landscape feature located in a Historic District, and to issue Certificates of Appropriateness or to deny them for one year. (h) To cooperate with the owner of a Landmark or a property located in a Historic District throughout the year following a refusal to issue a Certificate of Appropriateness pursuant to an application for a. demolition permit, and to seek alternative economic uses for such Landmark or property. (i) To review its denial of a Certificate of Appropriateness for demolition of such Landmark or property annually, during a public hearing at which time the owner of the affected Landmark or property shall be afforded an opportunity to appear with counsel and to present testimony. Section 12, Appeals and Review The applicant or any interested party may file an appeal to the Town Commission on any ruling by the Landmarks Preservation Council or the Building Official made pursuant to this ordinance. An appeal shall be on forms provided by the Town. The appeal shall be filed or made within ten (10) days. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this ordinance. The Town Commission shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the Landmarks Preservation Council or Building Official until the Town Commission 12 has decided the appeal. The Town Commission may review any decision of the Landmarks Preservation Council or the Building Official and their disposition of the matter shall be final. Section 13, Council Enforcement Powers; Fines and Liens. (a) In performance of their duties, members of the Council or their designees -shall have the right to enter upon properties in the Town at reasonable times and upon'reasonable notice to the owners thereof. (b) Upon request of the Council, the Building Official shall aid the Council in making necessary inspections in connection with the enforcement of this ordinance, shall furnish the Council with copies of reports of his inspections, and shall send, notices to all persons who may be in violation of the provisions of this ordinance to inform them of such violations. (c) Failure to comply with the provisions of this ordinance shall constitute a violation hereof and the violater shall pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one (1) year from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the Town Attorney to foreclose on the lien. No lien provided under the Local Government Code Enforcement Board Act shall continue for a period longer than two (2) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless 7a notice of lis pendens is recorded. Section 14, Voluntary Restrictive Covenants. The owner of any Landmark or Landmark Site may, at.any time following the designation of his property, enter into a restrictive covenant on the property after negotiation with the Council. The Council may assist the owner in preparing such a covenant in the interest of preserving the Landmark or the Landmark Site. The owner shall record such covenant in the Office of the Recorder of Deeds for Palm Beach County and shall notify the Office of the County Property Appraiser of Palm Beach County of such covenant and the conditions thereof. 13 Section 15, Severability. If any provision of this ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications and to this end the provisions of this ordinance are hereby declared severable. Section 16, Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17, Effective Date. This ordinance shall become effective immediately upon its passage and approval as required by law. PASSED AND ADOPTED on first reading at adjourned session assembled on the day of 1990, and on second and final reading on the _ 1990. ATTEST: Town Clerk JCR30H 5/29/90 14 Mayor 0 I a regular day of