The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Archaeological site" shall mean any one of the 14 established prehistoric sites recorded in the Florida Master Site file or any site that may be identified in the future to be of archaeological significance, but shall not include infrastructure such as rights-of-way, roadways, bridges, drainage or water and sewer systems under the jurisdiction of an other governmental agency.

"Artifact" shall mean a simple object showing human workmanship of historical or archaeological significance.

"Exterior features" shall mean the architectural style, general design and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures and other natural features such as trees and shrubbery.

"Historic district" shall mean a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects or area, which are united by past events or aesthetically by plan or physical development. A district also may be comprised of individual resources which are separated geographically but are thematically linked by association or history, but shall not include infrastructure such as rights-of-way, roadways, bridges, drainage or water and sewer systems under the jurisdiction of any other governmental agency.

"Historic site" shall mean a single lot, portion of a lot or parcel of land and all improvements thereon of particular historic, architectural, cultural or archaeological significance, yielding information on history or prehistory, but shall not include infrastructure such as rights-of-way, roadways, bridges, drainage or water and sewer systems under the jurisdiction of any other governmental agency.

"Person in charge" shall mean the person possessed of the freehold of real property or an improvement or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of real property or an improvement or a lesser estate therein.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 1, 2-22-77; Ord. No. 3938, § 1, 6-25-91)

Cross reference— Definitions and rules of construction generally, § 1-2.

It is the purpose of this article to promote the educational, cultural, economic and general welfare of the city through the preservation and protection of sites and districts of historic interest within the city and to preserve and protect the significant architectural phases of the community as it developed and grew in its historic past from the year 1925. Historic structures, sites, streets, squares and neighborhoods serve as visible reminders of the history and cultural heritage of this city. Their preservation strengthens the economy of the city by stabilizing and improving property values in historic areas by encouraging new buildings and developments that will be harmonious with the existing historic buildings and squares. It is also the purpose of this article to establish the duties of a historic preservation board, and to adopt appropriate regulations to ensure preservation of the historic sites and districts of the city.

(Ord. No. 2112, § 1, 3-25-75; Ord. No. 2341, § 14, 2-22-77)

There is hereby created and established a historic preservation board which shall consist of 7 members who are residents of the city. The board shall consist of at least 1 member of the American Institute of Architects; the president of the Boca Raton Historical Society, or his designee; and 5 members at large. The members shall be appointed and may be removed by the city council.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, §§ 2, 3, 2-22-77; Ord. No. 4511, § 1, 5-23-00)

Cross reference— Boards, committees, commissions, § 2-46 et seq.; removal of members of boards established by ordinance, § 2-48 et seq.

The members of the historic preservation board shall serve overlapping terms of 2 years. All appointments shall be made for a term of 2 years.

(Ord. No. 2112, § 2, 3-25-75)

Members of the historic preservation board shall serve without compensation.

(Ord. No. 2112; § 2, 3-25-75; Ord. No. 5102, § 6, 8-25-09)

An organizational meeting of the historic preservation board shall be held as soon as practicable after the creation thereby by the city council. A chairman, vice-chairman and secretary shall be elected for terms of 1 year each by the board from its membership. The board shall adopt reasonable rules of procedure to govern the conduct of its business and the holding of hearings. At least 1 regular meeting of the board shall be held every 3 months and special meetings may be called by the chairman or any 5 members of the board upon due notice.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 4, 2-22-77)

The authority granted to the historic preservation board shall not usurp, cancel or negate the lawful powers and authority heretofore delegated to the various departments, boards and agencies of the city.

(Ord. No. 2112, § 2, 3-25-75)

The historic preservation board is hereby designated as the agency which shall administer the provisions of this article. The department of the city manager shall provide all necessary clerical, technical and consulting services required by such board.

(Ord. No. 2112, § 2, 3-25-75)

(1)

The historic preservation board shall prepare an appropriate plan of protection for the historic sites and districts in the city. The historic preservation board shall also determine and recommend to the city council the appropriateness of historical sites, historical architectural features of any new building or the modification of existing buildings within the city of a historical nature. Such sites and districts should be eligible for listing by the National Trust for Historic Preservation or the Florida Inventory of Historical Sites, or be considered potentially eligible for such listing.

(2)

In the event of discovery of any historic or archaeological artifacts during land development activities, such activity shall be halted immediately in that area and the Division of Historical Resources in the Florida Department of State shall be notified. Development may commence after expiration of 90 days if no action is taken by the Division of Historical Resources. Proper protection, to the satisfaction of the Division of Historical Resources, shall be provided. Additionally should such resources be discovered during land development activities:

(a)

The owners of property on which known archaeological or historic artifacts occur shall protect such resources from destruction or alteration or mitigate the effects of unavoidable impacts; and

(b)

Access to archaeological and historic artifacts shall be evaluated, and development for public access shall be increased when appropriate; and

(c)

Access to potential archaeological artifacts so uncovered or otherwise revealed shall be limited to qualified persons who are engaged in scientific and academic studies.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 5, 2-22-77; Ord. No. 3938, § 2, 6-25-91)

Cross reference— Buildings and building regulations, ch. 19; planning and development, ch. 23; comprehensive plan, § 23-31 et seq.; plan and permit review and requirements for land development, § 23-56 et seq.

(1)

Historic districts and sites shall be established by ordinance by the city council.

(2)

Before the establishment of a historic site or district, the historic preservation board shall conduct studies and research and make a report on the historic significance of the exteriors of buildings, structures, features, sites, objects and surroundings in the city. The historic preservation board report shall contain recommendations concerning the buildings and areas to be included as proposed historic sites or districts. The board shall furnish written notice by mail to all persons or entities who own property being considered for establishment as a historic site or district at least 14 days prior to the meeting at which the board will consider the designation.

(3)

Copies of the report shall be transmitted for review and recommendation to the planning and zoning board, which shall hold a public hearing thereon after 14 days' written notice by mail to the owners of the properties proposed to be established as historic sites or districts.

(4)

After the public hearing, the planning and zoning board shall submit a final report with its recommendations and those of the historic preservation board to the city council.

(5)

The city council may, upon receipt of the final report, introduce an appropriate ordinance establishing 1 or more historic sites or districts. The city council may adopt the ordinance with or without amendments following a public hearing after 14 days' written notice of the time and place of the hearing has been furnished the owners of the properties proposed to be established as historic sites or districts.

(6)

Upon adoption of the ordinance, the owners of properties designated as historic sites or districts shall be given written notification of such designation by the city clerk. One copy of the ordinance shall be filed in the official records of the county, and 1 copy shall be filed in the office of the chief code administrator.

(7)

The ordinance shall also provide for a suitable sign or marker on or near the property indicating that the property has been designated as a historic site or district, and the sign or marker may include a brief explanation of the property's historical significance.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 6, 2-22-77; Ord. No. 3304, § 1, 6-12-84; Ord. No. 3790, § 1, 8-8-89)

Proposed historic sites and districts shall be evaluated according to the following criteria:

(a)

Districts and sites of national, state or local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and:

1.

Are associated with events that have made a significant contribution to the broad patterns of our history;

2.

Are associated with the lives of persons significant in history;

3.

Embody the distinctive characteristics of a type, period or method of construction, or represent the work of a master, or possess artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction; or

4.

Have yielded, or may be likely to yield, information important in prehistory or history, including information of archaeological significance.

(b)

All infrastructure including rights-of-way, roadways, bridges, drainage and water and sewer systems under the jurisdiction of any other governmental agency shall not be included in any historical site or district evaluation or determination.

(c)

Specific properties shall be classified additionally as follows:

1.

Exceptional—Meets all 4 of the above criteria.

2.

Excellent—Meets 3 of the above criteria.

3.

Notable—Meets 2 of the above criteria.

4.

Of value as part of the scene—Meets 1 of the above criteria.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 7, 2-22-77; Ord. No. 3938, § 3, 6-25-91)

(1)

Except as specifically provided in section 28-239, after the designation of a historic site or district, no exterior portion of any building or other structure including walls, fences, light fixtures, steps and pavement, vegetation, or any other appurtenant features, or above-ground utility structure or any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the historic preservation board. Such certificate of appropriateness shall be issued only upon a determination by the board that: (i) the action for which approval is sought in the application for a certificate of appropriateness would be in compliance with the standards and guidelines set forth in the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1990 Edition, as may be amended from time to time ("the Secretary of Interior's Standards"); and (ii) no audible, visible or atmospheric element is out of character with the site. The secretary of interior's standards are hereby incorporated into the Code as if fully set forth herein.

(2)

Such a certificate must be issued by such board prior to the issuance of a building permit. A certificate shall be required whether or not a building permit is required.

(3)

No building shall be relocated from its current foundation to another site until after issuance of a certificate of appropriateness.

(4)

In the case of outside signs, exterior features shall be constructed to mean the style, material, size and location of all such signs.

(5)

Notwithstanding any provision of the secretary of interior's standards, the historic preservation board shall not consider the interior of buildings.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 8, 2-22-77; Ord. No. 3938, § 4, 6-25-91; Ord. No. 4627, § 1, 2-12-02; Ord. No. 5500, § 1, 9-24-19)

Cross reference— Permits, § 19-91 et seq.; plan and permit review and requirements for the development of land, § 23-56 et seq.

(1)

Prior to issuance or denial of a certificate of appropriateness, the historic preservation board shall take such action as may reasonably be required to inform the owner or person in charge of any property likely to be materially affected by the application and shall give the applicant and such owner an opportunity to be heard at a public hearing called for such purpose.

(2)

If the historic preservation board determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.

(3)

If the historic preservation board determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing him an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of such board.

(4)

The historic preservation board may approve such application in any case where the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness were issued forthwith. Any decision of the historic preservation board on an application for a certificate of appropriateness may be appealed to the city council, which appeal shall be processed in accordance with the procedures and requirements set forth in section 28-10.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 5642, § 23, 1-10-23)

A certificate of appropriateness shall not be required for the ordinary maintenance, replacement, or repair of any exterior feature in a historic district or of any site which does not involve a change in design, material, color or outer appearance thereof (including, but not limited to, landscaping, repainting or the replacement of fences, windows, doors, or roofs), so long as any such exterior feature that is being maintained, replaced or repaired was lawfully established pursuant to all required permits. In addition, a certificate of appropriateness shall not be required for the construction, reconstruction, alteration, restoration or demolition of any exterior feature in a historic district or of any site where such construction, reconstruction, alteration, restoration or demolition has been certified by the building official as necessary for public safety because of an unsafe or dangerous condition.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 9, 2-22-77; Ord. No. 5500, § 2, 9-24-19)

The city may acquire by purchase, donation or condemnation, historic easements in any area within its jurisdiction wherever and to the extent that the city council, upon the recommendation of the historic preservation board, determines that the acquisition will be in the public interest. For the purpose of this section, the term "historic easement" means any easement, restriction, covenant or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of places of historic, architectural or cultural significance.

(Ord. No. 2112, § 2, 3-25-75)

Cross reference— Public places, ch. 13.

(1)

A historic site designated by ordinance as provided in this article may be materially altered, remodeled, relocated or put to a different use only after 6 months' written notice of the proposed action of the owner or person in charge has been given to the historic preservation board. A historic site may be demolished only after 12 months' written notice of the proposed action of the owner or person in charge has been given to the historic preservation board. The development services department shall furnish written notice to the chairman of the board within 15 days of an application for demolition of a designated site. Issuance of a demolition permit shall not take place during the 12-month period following such application.

(2)

During this 6- or 12-month period, the city may negotiate with the owner or person in charge of the site and with any other parties in an effort to find a means of preservation of the property.

(3)

During this period, or at any time prior thereto following notice of designation to the owner and where such action is reasonably necessary or appropriate for the continued preservation of the property, the city may enter into negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of the property or any interest therein. The transfer or sale of an historically designated site shall occur only after written notice of the designation has been furnished to the buyer.

(4)

The historic preservation board may reduce the waiting period hereby required in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed.

(5)

The historic preservation board shall have the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by such board insuring the continued maintenance of the historical, architectural or cultural integrity and character of the property.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 10, 2-22-77; Ord. No. 3938, § 5, 6-25-91; Ord. No. 4170, § 27, 9-27-94)

Where the historic preservation board recommends the purchase or condemnation of a historic site or any interest therein, and where the city council follows such recommendation, the council may wherever practicable make use of federal grants as provided in the National Historic Preservation Act of 1966 or any other appropriate state or federal legislative acts.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 11, 2-22-77)

The historic preservation board may make such investigations and studies of matters relating to the protection, enhancement, perpetuation or use of sites and historic districts, and to the restoration thereof as such board deems necessary for the purposes of this article, and may submit such reports and recommendations to the city council. In making such investigations and studies, the historic preservation board shall hold public hearings.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 12, 2-22-77)

(1)

Neither the owner of nor the person in charge of a structure within a historic district or of a designated site shall permit such structure or site to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the historic preservation board, a detrimental effect upon the character of the district as a whole or the life and character of the site in question, including but not limited to:

(a)

The deterioration of exterior walls or other vertical supports;

(b)

The deterioration of roofs or other horizontal members;

(c)

The deterioration of exterior chimneys;

(d)

The deterioration or crumbling of exterior plaster or mortar;

(e)

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

(f)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition.

(2)

In the event the board determines that a locally designated historic building or landmark is deteriorating as defined herein, they shall notify the owner of this preliminary finding, stating the reasons therefor, and shall give the owner a specified time from the date of notice in which to commence work to rectify the specific violations alleged by the board:

(a)

By certified mailing to the last known address of the owner of record; or

(b)

In the event the procedure outlined in (a) above is not successful, then such notice shall be attached to the building or landmark once each week during the 30-day period.

(3)

Upon the owner's failure to commence work by the 31st day, the board may:

(a)

Refer the violation to the code compliance division to be presented to the special magistrate; or

(b)

In the event the board feels there is an imminent threat to the property, it may request the city attorney to seek appropriate relief in court.

(Ord. No. 2112, § 2, 3-25-75; Ord. No. 2341, § 13, 2-22-77; Ord. No. 3938, § 6, 6-25-91; Ord. No. 5230, § 20, 3-28-13)

Cross reference— Unsafe buildings and structures, § 19-276 et seq.

(1)

Any person who violates any provision of this article shall be punished by a fine of not more than $500.00.

(2)

Any person who files with the historic preservation board any application or request for a certificate of appropriateness and who willfully makes any false statement in such application or request, or who willfully furnishes false information to such board, shall be punished by a fine of not more than $500.00.

(3)

For the purpose of this article, each day during which there exists any violation of any provision herein shall constitute a separate violation of such provisions.

((Ord. No. 2112, § 2, 3-25-75; Ord. No. 3304, § 2, 6-12-84)

Wherever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this article, the city manager, upon authorization of the city council, may make application to the circuit court for the county for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation or to remedy such violation by restoring the affected property to its previous condition.

(Ord. No. 2112, § 2, 3-25-75)