§ 2.2.6. The Historic Preservation Board.

(A)

Creation. A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; to have a lay body which shall have authority to act on matters pertaining to historic preservation; and to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan, as they relate to the preservation of Delray Beach's historic resources. [Amd. Ord. 01-12 8/21/12]

(B)

Composition and special qualifications.

(1)

The Historic Preservation Board shall consist of seven members.

(2)

At least five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Lay persons may be considered if there is a lack of applicants to fill the seats reserved for professionals. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord 25-04 5/18/04]; [Amd. Ord. 24-96 6/18/96]

(C)

Meetings and quorum.

(1)

The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours.

(2)

Four members of the Board shall constitute a quorum.

(3)

An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. [Amd. Ord. 55-07 1/15/08]

(D)

Duties, powers, and responsibilities. The following duties, powers, and responsibilities shall be carried out by the Historic Preservation Board: [Entire Section Revised by Ord. 01-12 8/21/12]

(1)

Act as a regulatory body on all development applications and Certificates of Appropriateness, as specified in Section 2.4.6(H) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), and subject to processing under Section 2.4.5.

(2)

Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I).

(3)

Grant variances from Section 4.6.7, Signs, for those nonconforming signs which existed at the time of enactment of Ordinance 51-75, adopted on December 8, 1975.

(4)

Grant relief to Section 4.6.16, Landscape Regulations, through the waiver process.

(5)

Grant relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(F)(1).

(6)

Make recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, and to the Chief Building Official concerning building code amendments, as they apply to Historic structures and districts.

(7)

Act as a regulatory body to approve, deny, or modify a Master Development Plan for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I).

(8)

Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission.

(9)

Develop, maintain, and update survey reports of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey report as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate all survey reports. The Board will work with the Delray Beach Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining the survey reports.

(10)

Nominate buildings, sites, and districts for historic designation on the Local Register of Historic Places.

(11)

Nominate and participate in the listing of buildings, sites, and districts on the National Register of Historic Places.

(12)

Make recommendations to the City Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation.

(13)

Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs.

(14)

Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts.

(15)

Evaluate, comment upon, and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts.

(16)

Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition is proposed.

(17)

In the name of the City, and only with the express approval of the City Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation.

(18)

Make recommendations to the City Commission, by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City Future Land Use Plan, and any comprehensive use planning required by this state.

(19)

Advise the City Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites.

(20)

Execute any other functions relevant to the duties, powers and responsibilities of the Board regarding historic preservation planning programs and policies which may be approved by ordinance or resolution of the City Commission.