Chapter 307 - HISTORIC PRESERVATION AND PROTECTION

Sec. 261.202. - Requirement for compliance; effective dates. TITLE VIII - CONSTRUCTION REGULATIONS AND BUILDING CODES TITLE VII - CONSERVATION AND HISTORIC PRESERVATION[1]

EXPAND Ch. 304. Reserved Ch. 305. Scenic and Historic Corridors Ch. 306. Reserved Ch. 307. Historic Preservation and Protection

Footnotes: --- (1) ---

Cross reference— Jacksonville historic preservation commission, Ch. 76; construction regulations and building codes, Tit. VIII; environmental affairs, Tit. X; land use, Tit. XVII; historic overlay zone, Tit. XVII, Part 3, Subpart I; conservation category CSB, § 656.333; tax exemption for rehabilitation of historic landmarks and properties in historic districts, Ch. 780.

Chapter 305 - SCENIC AND HISTORIC CORRIDORS

PART 1. - GENERAL PROVISIONS

Sec. 305.101. - Legislative declaration; public policy.

The council finds and declares that:

(a)

The City has a number of roadways which represent special historic, architectural, archaeological, aesthetic or cultural interest and value to the citizens of Jacksonville. The City has a significant role to appropriately protect and enhance those roadways, as well as enhancing those roadways which serve as gateways to the City. In order to protect and enhance these roadways, the council hereby determines that those roadways throughout the City which offer such special historic, architectural, archaeological, aesthetic or cultural interest and value should be designated as scenic and historic corridors. Further, there should be means by which key stretches of roadway serving as gateways into the City of Jacksonville might be designated so as to make them eligible for special treatment in order to unify and enhance their identity as gateway areas. Recognizing that these scenic and historic corridors vary greatly and present differing opportunities and problems, it is intended that individual roadways shall be designated as scenic or historic corridors by ordinance, and that such ordinances may establish conditions, procedures and/or standards along such designated scenic and historic corridors beyond the requirements of the Ordinance Code generally in order to protect and enhance those corridors.

(b)

It is the intent of the Council in designating scenic and historic corridors in providing standards for such corridors to:

(1)

Create a boulevard system of roadways to connect different neighborhoods within the City;

(2)

Protect existing roadways that exhibit attractive or scenic characteristics;

(3)

Enhance the aesthetic appearance of roadways through the use of landscaping and buffering;

(4)

Protect and enhance future collector and arterial roadways that have residential characteristics that are considered desirable to preserve;

(5)

Protect roadways where significant tree coverage and landscaping already exist from unplanned future developments;

(6)

Reduce the impact on existing and proposed neighborhoods from the building of new roadways and the rebuilding of existing roadways through residential areas; and

(7)

Enhance those portions on roadways serving as gateways into the City in order to create a positive and favorable impression upon those persons driving on such gateways.

(Ord. 96-576-478, § 1)

Sec. 305.102. - Criteria for designation.

In considering whether roadways or portions thereof shall be designated as scenic or historic corridors, the Council may consider the following criteria:

(a)

The presence of significant existing tree coverage and landscaping.

(b)

The location of the roadway in an area of natural scenic beauty.

(c)

The use of the roadway as a gateway to the City.

(d)

The presence along the roadway of significant historic, architectural or archaeological structures.

(e)

Whether private persons are contributing to the City's initial and ongoing costs and expenses of such designation.

(f)

Comments and testimony received at public hearings on the proposed designation.

(Ord. 96-576-478, § 1; Ord. 2001-321-E, § 1)

Sec. 305.103. - Designation of scenic and historic corridors.

The council may from time to time designate by ordinance, scenic and historic corridors, specifically identifying those streets (including approved private streets), or portions thereof, which shall be so designated. Such designation may be initiated either upon the Council's own finding of the necessity for such designation or upon petition by at least one-third of the owners of property fronting on the street proposed for designation. Designation of scenic and historic corridors, and their related plans, shall be developed through the public review process, including input from affected citizens and groups, City departments and agencies, and, where applicable, the Florida Department of Transportation. The Chief, Legislative Services Division, shall forward any proposed designation of scenic and historic corridors to the Director of Planning and Development, who shall forward a copy of the proposed designation to the Director of Public Works, the Jacksonville Historic Preservation Commission (for designation based in whole or in part upon historic grounds), the JEA and the Downtown Development Authority (for designation within that Authority's jurisdiction). The Planning and Development Department, the above-named Departments, Commission and Authorities shall provide to the Chief, Legislative Services Division, written comments and recommendations concerning proposed designation within 30 days after being furnished a copy of the proposed designation. At the time of designation, the Council may establish conditions, procedures, and/or standards which may be appropriate for those designated roadways in order to protect their special historic, architectural, archaeological, aesthetic or cultural interest. Upon designation of any scenic and historic corridor by the Council, all plans, permits, improvements including maintenance and the like, thereon shall be in strict accordance with the conditions, procedures and/or standards imposed by the Council. Designation of an approved private street as a scenic and historic corridor shall not impose upon the City, its departments and agencies, any responsibilities to maintain the approved private street.

(Ord. 96-576-478, § 1; Ord. 2001-321-E, § 2)

Sec. 305.104. - Procedural and notice requirements.

In order to encourage public input and to assure due process, the following procedural and notice requirements shall be utilized for any proposed designation of a scenic or historic corridor:

(a)

In addition to the public hearing required by F.S. § 166.041, a public hearing shall be held by the appropriate Council committee with not less than 14 days mailed notice to all owners of property fronting on the street proposed for designation;

(b)

Also, signs shall be placed along the proposed corridor at distances equal to each five percent of the length of the proposed corridor or 400 feet, whichever is greater. Such signs shall state the date, time and place of the public hearings to be held for such proposed designation; and

(c)

Notice of the Committee public hearing shall be advertised by an advertisement that shall be published in the newspaper at least seven days prior to the scheduled public hearing.

(Ord. 96-576-478, § 1; Ord. 2001-321-E, § 3)

PART 2. - MANDARIN ROAD, COUNTY DOCK ROAD AND LORETTO ROAD

Sec. 305.201. - Designation.

The following streets or portions thereof are hereby designated as scenic and historic corridors pursuant this Section: Mandarin Road, less and except those portions of Mandarin Road which lie adjacent to Real Estate Nos. 159660-0000, 159657-000, 159661-0000 and 159658-000, as more particularly described and herein by this reference, County Dock Road and that portion of Loretto Road between Mandarin Road and Loretto Woods Court.

(Ord. No. 2001-1009-E, § 2)

Sec. 305.202. - Findings.

Despite being located in an area of rapid growth, the designated roadways have maintained their scenic nature. These roadways are characterized by low intensity land uses, extensive tree coverage and the presence of significant historical structures. Mandarin Road, which has previously been designated by resolution of this Council as a Scenic Road, contains the well known Mandarin Patriarch Oaks located in the medians and along the sides of Mandarin Road. Also located along the designated roadways are a number of historically significant structures including, but not limited to, the Mandarin Community Club, Mandarin Post Office and Store, Episcopal Church of Our Savior, Mandarin Cemetery and numerous residential structures including many of the "farmhouse vernacular" style of architecture. Located along Mandarin Road and County Dock Road are the Walter Jones Historical Park and County Dock. Also located along Mandarin Road is the Mandarin Regional Park. Protection of these roadways is important in order to maintain their natural scenic beauty and to preserve for future generations a glimpse of the character and appearance of Mandarin as it has traditionally existed.

(Ord. No. 2001-1009-E, § 2)

Sec. 305.203. - Standards and conditions.

(a)

The provisions of Section 656.1205(b) notwithstanding, any live oak (Quercus virginiana) with a caliper of six inches or more located within 20 feet of the street right-of-way line on any lot, including any property upon which a single-family dwelling or a mobile home on an individual lot is located, shall be considered a private protected tree within the meaning of Chapter 656, Part 12, Ordinance Code. Removal of any such protected tree is prohibited except as provided in Section 656.1205(a), Ordinance Code, as is the taking of any action which causes such protected trees to die. Any such private protected tree, as well as any public protected tree, removed or caused to die pursuant to Section 656.1205, Ordinance Code, shall be subject to the replacement requirements of Section 656.1206(h), Ordinance Code, regardless of the reason for which such protected trees are removed or caused to die.

(b)

Prior to issuance of a permit for the removal or relocation of a protected tree as designated in subsection (a) above, the permit application shall be forwarded to the Department of Public Works Urban Forester for comment on the criteria set forth in Section 656.1206(f), and the District Council Member, unless such tree poses an imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization pursuant to Section 656.1205(b)(5) is still required from the Chief, Building Inspection Division.

(c)

Newly planted trees in the street right-of-way shall be marked by stakes, unless such trees exceed four inch caliper measurement. The City and its contractors shall, when conducting mowing operations, take all reasonable precautions to preserve such plantings and trees within the right-of-way and to protect their root systems from damage by mowing equipment.

(d)

All pruning of trees within the street right-of-way or of trees around the power lines on private property shall comply with standards Z133.1 and A300 of the American National Standards Institute, dated July 19, 1994.

(e)

In the event of installation of underground utilities within the street right-of-way, the Department of Public Works Urban Forester shall be notified. The Urban Forester shall visit the site and make a recommendation as to:

(1)

Whether the proposed installation will likely cause the tree to die; and

(2)

Recommended techniques for conducting installation operations so as to minimize damage to root systems of public or private protected trees.

The District Council Member shall be advised of any recommendations made pursuant to this subsection.

(f)

The Jacksonville Electric Authority shall install power distribution lines underground wherever feasible, unless such installation would likely cause private protected trees described in subsection (a) or public protected trees to die. Overhead service and street lights shall use wood poles which shall be located so as to minimize the impact on trees on the right-of-way.

(g)

The paved portions of those streets designated in Section 305.201 shall be maintained at the width existing as of the effective date of this Part.

(Ord. No. 2001-1009-E, § 2)

PART 3. - SHINDLER DRIVE FROM WESTON LIVING WAY AVENUE TO MARLEE ROAD

Sec. 305.301. - Designation.

The following streets or portions thereof are hereby designated as scenic and historic corridors pursuant this Section: Shindler Drive from Weston Living Way to Marlee Road.

(Ord. 2018-371-E, § 1)

Sec. 305.302. - Findings.

Despite being located in an area of rapid growth, the designated roadway has maintained its scenic nature. The roadway is characterized by low intensity land uses and extensive tree coverage. Forty-five oak trees and a number of other trees located along the sides of Shindler Drive create a scenic canopy and function as significant tree coverage. Shindler Drive is located in the 12 square mile Jacksonville Heights development which at the time it opened in 1909 was Duval County's largest subdivision. In 1928, 14 property owners in the Jacksonville Heights Subdivision successfully petitioned the Duval Board of County Commissioners to establish a three-mile long public road to be called Shindler Drive (Road Number 391). The new drive was named after the family of Ben F. Shindler who was a resident of the area for approximately 27 years. Born in Texas of Swiss ancestry, Ben Shindler operated a poultry farm in the area for many years before his death in 1936. Protection of this roadway is important in order to maintain the natural scenic beauty and to preserve for future generations a glimpse of the character and appearance of the area as it has traditionally existed.

(Ord. 2018-371-E, § 1)

Sec. 305.303. - Standards and conditions.

(a)

The provisions of subsection 656.1205(b) notwithstanding, any live oak (Quercus virginiana) with a caliper of six inches or more located within 20 feet of the street right-of-way line on any lot, including any property upon which a single-family dwelling or a mobile home on an individual lot is located, shall be considered a private protected tree within the meaning of Chapter 656, Part 12, Ordinance Code. Removal of any such protected tree is prohibited except as provided in subsection 656.1205(a), Ordinance Code, as is the taking of any action which causes such protected trees to die. Any such private protected tree, as well as any public protected tree, removed or caused to die pursuant to Section 656.1205, Ordinance Code, shall be subject to the replacement requirements of subsection 656.1206(h), Ordinance Code, regardless of the reason for which such protected trees are removed or caused to die.

(b)

Prior to issuance of a permit for the removal or relocation of a protected tree as designated in subsection (a) above, the permit application shall be forwarded to the Department of Public Works Urban Forester for comment on the criteria set forth in subsection 656.1206(f), and the District Council Member, unless such tree poses an imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization pursuant to subsection 656.1205(b)(5) is still required from the Chief, Building Inspection Division.

(c)

Newly planted trees in the street right-of-way shall be marked by stakes, unless such trees exceed four inch caliper measurement. The City and its contractors shall, when conducting mowing operations, take all reasonable precautions to preserve such plantings and trees within the right-of-way and to protect their root systems from damage by mowing equipment.

(d)

All pruning of trees within the street right-of-way or of trees around the power lines on private property shall comply with standards Z133.1 and A300 of the American National Standards Institute, dated July 19, 1994.

(e)

In the event of installation of underground utilities within the street right-of-way, the Department of Public Works Urban Forester shall be notified. The Urban Forester shall visit the site and make a recommendation as to (i) whether the proposed installation will likely cause the tree to die and (ii) recommended techniques for conducting installation operations so as to minimize damage to root systems of public or private protected trees. The District Council Member shall be advised of any recommendations made pursuant to this subsection.

(f)

The JEA shall operate and maintain its existing overhead power distribution lines, to the extent possible, in a manner so as to mutually protect private protected trees described in subsection (a) above or the public protected trees and the electric distribution system. In coordination with future right-of-way projects, JEA if necessary, shall install power distribution lines underground wherever feasible, unless such installation would likely cause private protected trees described in subsection (a) above or public protected trees to die. Overhead service and street lights shall be located so as to minimize the impact on trees on the right-of-way.

(Ord. 2018-371-E, § 1)

Chapter 307 - HISTORIC PRESERVATION AND PROTECTION

PART 1. - GENERAL PROVISIONS

Sec. 307.101. - Declaration of public policy and purpose.

The City Council finds and declares as follows:

(a)

The City Council declares as a matter of public policy that the preservation, protection, enhancement, perpetuation and use of landmarks, landmark sites and historic districts is a public necessity because they have a special historic, architectural, archaeological, aesthetic or cultural interest and value and thus serve as visible reminders of the history and heritage of this City, State and nation. The City Council finds that this Chapter benefits the residents and property owners of Jacksonville and declares as a matter of public policy that this Chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people.

(b)

The purpose of this Chapter is to:

(1)

Effect and accomplish the preservation, enhancement, protection, perpetuation and use of landmarks, landmark sites and historic districts having a special historic, architectural, archaeological, aesthetic or cultural interest and value to this City, State and nation;

(2)

Safeguard the City's historic, aesthetic, and cultural heritage as embodied and reflected in such landmarks, landmark sites, and districts;

(3)

Promote the use of historic districts, landmarks, and landmark sites for the education, pleasure and welfare of the people of the City;

(4)

Foster civic pride in the value of notable accomplishments of the past;

(5)

Strengthen the economy of the City;

(6)

Protect and enhance the City's resources to residents, tourists and visitors and serve as a support and stimulus to business and industry; and

(7)

Enhance the visual and aesthetic character, diversity and interest of the City.

(c)

Urban Service Districts 2, 3, 4, and 5 will not be affected.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 5)

Sec. 307.102. - Definitions.

As used in this Chapter, the following terms shall mean:

(a)

Administrative Review means Planning and Development Department staff level review for approval, approval with conditions and/or denial of COA applications for routine alterations and minor repairs or other work as set forth in Section 307.107 of this Part. Staff shall have the discretion to refer an application to the Commission for consideration for any reason.

(b)

Alteration means any act that changes the exterior features of a building or structure.

(c)

Certificate of appropriateness means a written document approved by the Jacksonville Historic Preservation Commission or administratively approved by the Planning and Development Department pursuant to Section 307.107 allowing an applicant to proceed with approved alteration, demolition, relocation or new construction of a designated landmark, landmark site or property in an historic district, following a determination of the proposal's suitability to applicable criteria.

(d)

Certified local government means government meeting the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing regulations of the United States Department of the Interior and the State of Florida. A government which becomes certified will review all nominations to the National Register within its jurisdiction before reviews at the State and federal levels.

(e)

Commission means the Jacksonville Historic Preservation Commission.

(f)

Contributing structure means a building or structure which is at least 50 years old and which is within the boundaries of a designated historic district and which contributes to the historic or architectural character of the district and which is identified by the City Council in its designation of the historic district.

(g)

Decision or recommendation means, when referring to the Commission, the executive action taken by the Commission on an application for a designation or a certificate of appropriateness regardless of whether that decision or recommendation is immediately reduced to writing.

(h)

Demolition means any act that destroys in whole or in part a landmark, a building or structure on a landmark site or a contributing structure in an historic district.

(i)

Hardscape means any non-vegetative elements of landscaping, especially any masonry work or woodwork, including but not limited to retaining walls, driveways, parking pads, patios, walkways, decks, trellises, arbors, pergolas and water fountains.

(j)

Historic district means an area which meets at least two of the criteria contained in Section 307.105(j), Ordinance Code, and has at least 50 percent of its structures identified as contributing structures, and has been so designated by the Council.

(k)

Historic District Design Regulations means those historic district design guidelines established pursuant to the historic district designation procedures specified in this Chapter.

(l)

Landmark means a building or structure which is at least 50 years old and meets at least two of the criteria contained in Section 307.104(j), Ordinance Code, and which has been so designated by the City Council, and has significant archaeological or architectural features or the location of an historical event.

(m)

Landmark site means (1) a parcel of real property containing either an improvement, landscape feature or archaeological site, or an historically related complex of improvements, landscape features or archeological sites that are at least 50 years old and meets at least two of the criteria contained in Section 307.104(j) or (2) the site of an historic event without any architectural or landscape features.

(n)

Majority for purpose of this Chapter means a simple majority consisting of one over half of the members present and voting if a quorum is established.

(o)

Mothballing or to mothball is defined as a method used to stabilize, prevent deterioration from weather damage and protect from vandals a vacant structure in order to preserve it for future use.

(p)

Potential landmark means a building or structure which is identified by the Commission as being a building or structure which may be a landmark or a building or structure which is nominated to be designated as a landmark pursuant to Section 307.104.

(q)

Potential landmark site means a parcel of real property which may be a landmark site and which is nominated for designation as a landmark site pursuant to Section 307.104.

(r)

Quorum means a majority of the membership of the Jacksonville Historic Preservation Commission.

(s)

Significant architectural feature means an architectural feature of a landmark, landmark site or historic district which contributes significantly to identifying a landmark, landmark site or historic district.

(t)

Undue economic hardship means an onerous and excessive financial burden, as determined by the Commission, that would be placed upon a property owner by the denial of a certificate of appropriateness or a similar burden which would be placed on a property owner by conditions which the Commission seeks to place on the granting of a certificate. In any case where undue economic hardship is claimed, the Applicant shall demonstrate and the Commission shall make those findings established in Section 307.106(p).

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 6; Ord. 2004-482-E, § 2; Ord. 2011-408-E, § 2; Ord. 2011-539-E, § 1)

Sec. 307.103. - Designation of landmarks, landmark sites and historic districts.

By ordinance, the City Council may designate landmarks, landmark sites and historic districts located within the City of Jacksonville. Each designation of a landmark shall include a designation of a landmark site and each designation of an historic district shall include an identification of the contributing structures within the historic district. Each designation of an historic district shall set forth the design guidelines that apply to the historic district and the actions that would require a certificate of appropriateness. Any actions affecting a landmark or landmark site that would require a certificate of appropriateness shall be reviewed for consistency with the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Except where noted in this Chapter to the contrary, the vote of a majority shall be required for decisions involving designation of landmarks, landmark sites and historic districts. When an owner objects to an application involving designation of the owner's property as a landmark or landmark site, recommendation of approval by the Commission and approval of City Council shall require a majority vote plus one vote.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 7)

Sec. 307.104. - Designation procedures and application requirements for landmarks and landmark sites.

The following procedures shall be followed with respect to the designation of landmarks and landmark sites:

(a)

Consideration by the Commission of the designation of a landmark or landmark site shall be initiated by the filing of an application for designation by the property owner, or his authorized agent, the Jacksonville Historic Preservation Commission, the Mayor, the Jacksonville City Council, or any member of the Jacksonville City Council, with the Commission.

(b)

The applicant shall complete an application form provided by the Jacksonville Historic Preservation Commission which shall, to the extent possible, include:

(1)

A written description of the architectural, historical, or archaeological significance of the proposed landmark or landmark site specifically addressing and documenting the criteria set forth in subsection (j) of this Section;

(2)

Date of construction of the structures on the property;

(3)

Photographs of the property;

(4)

Legal description and map of the property to be designated as a landmark, or landmark site; and

(5)

The names and addresses of all owners of real property within 350 feet of the boundaries of the land upon which the designation of a landmark or a landmark site is requested and the real estate assessment numbers for each property within 350 feet of the boundaries of the land upon which the designation of a landmark or landmark site is requested.

(c)

Consideration of the designation of a landmark or landmark site already listed on the National Register as of January 1, 1990 may be initiated by the filing of a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation office and the National Park Service.

(d)

The Planning and Development Department shall determine when an application is complete and may request additional information when such application is determined to be incomplete. The Planning and Development Department shall review the application for designation and forward its findings and recommendations to the Commission prior to the public hearing. At the time an application for designation of a landmark or landmark site is forwarded to the Commission, the property, buildings and structures referred to in the application shall be considered potential landmarks or landmark sites.

(e)

The Commission shall hold a public hearing on the proposed designation of a landmark or landmark site within 45 days of the filing of a completed application.

(f)

Notice of the time and place of the public hearing which is required to be held with respect to the proposed designation of a landmark, or landmark site, shall be posted by the Planning and Development Department, at least 14 days in advance of the hearing, by United States mail, to the owner of the property proposed to be designated, to the applicant, and to all owners of real property within 350 feet of the boundaries of the land upon which the designation is requested. For the purpose of notice requirements to the owner and adjoining owners, the names and addresses of owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. The failure of any adjoining owner required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Commission or City Council on an application for designation. All notices required by this Section shall state clearly the boundaries of a proposed landmark or landmark site. The notice required by this Section, the cost of which shall be $2 for each notification, shall be paid by the applicant to the City.

(g)

Notice of a public hearing shall be published once in a newspaper of general circulation in the City not less than 14 days in advance of the date of the hearing. The published notice shall be in a form prescribed by the Commission and placed by the applicant at the applicant's expense. The applicant shall file proof of publication with the Commission prior to the public hearing.

(h)

The applicant for a proposed designation shall post signs at intervals of not more than 200 feet along all street sides of land upon which an application for proposed designation is made within five working days after filing of a completed application. The signs shall be in the form required by the Commission and shall be posted in full view of the public. Where the land does not have frontage on a public street, the signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land upon which the designation is sought, or at such other locations and at such intervals, as determined by the Planning and Development Department, as will ensure that the signs will be seen by as many persons as possible. The signs shall be maintained by the applicant until such time as the advisory recommendation has been made by the Commission. The signs shall be removed by the applicant within ten days after final action by the City Council.

(i)

Where the applicant is not the owner of the property proposed to be designated, such applicant shall provide evidence to the Commission that all reasonable efforts have been made to determine the owner of the property as of the date of the application, notwithstanding the owner reflected by the current tax records in the Office of the Property Appraiser.

(j)

Within 30 days following the close of the public hearing or within 60 days if the Commission votes to defer, the Commission shall determine whether, based upon the evidence, the nominated landmark, or landmark site, does or does not meet the criteria for designation. Such a determination shall be made by advisory recommendation of the Commission and shall be accompanied by a report stating the findings of the Commission concerning the relationship between the nominated landmark or landmark site and the National Register of Historic Places criteria for designation set forth below. In the event the owner of the property expresses an objection in writing to the Commission regarding local landmark status, at least four of the following seven criteria must be met. If the owner of the subject property does not express such objection, only two of the following criteria must be met.

(1)

Its value as a significant reminder of the cultural, historical, architectural, or archaeological heritage of the City, State or nation.

(2)

Its location is the site of a significant local, State or national event.

(3)

It is identified with a person or persons who significantly contributed to the development of the City, State or nation.

(4)

It is identified as the work of a master builder, designer, or architect whose individual work has influenced the development of the City, State or nation.

(5)

Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance.

(6)

It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.

(7)

Its suitability for preservation or restoration.

(k)

The Commission shall be responsible for considering and making an advisory recommendation to the City Council with respect to each proposed designation of landmarks or landmark sites and shall notify the applicant and the property owner within ten days of its recommendation. The Commission is authorized to prescribe procedural and administrative rules it deems necessary or appropriate to administer this function. The Commission shall promulgate appropriate rules providing for the establishment and maintenance of a record of applications for designation of landmarks or landmark sites considered by the Commission. A verbatim transcript of the record is not required by the Commission but the Commission shall establish the record in sufficient degree to disclose the factual basis for its recommendation with respect to each application.

(l)

Upon the approval of the application for designation of the landmark or landmark site by the Commission, the Office of General Counsel shall prepare an ordinance on behalf of the Commission and shall present the ordinance to the City Council for approval or disapproval. The City Council shall give notice, follow the publication procedure and sign posting procedure, hold hearings, and make its determination in the same manner as provided in Section 656.124. The City Council shall consider the same criteria set forth in subsection (j) of this Section.

(m)

The Council secretary shall notify each applicant and property owner of the final decision relating to the property within seven days of the City Council's action and shall cause the designation of a property as a landmark or landmark site to be recorded in the official records of Duval County, Florida, at the expense of the applicant for such designation. The Council Secretary shall also notify the Property Appraiser's Office of the designation.

(n)

When a designation is made, the Director of Planning and Development or his designee shall enter the designation on the Zoning Atlas in accordance with Section 656.203, Ordinance Code.

(o)

Whenever the City Council has denied an application for designation no further application shall be filed for the same designation for a period of one year from the date of such City Council denial. The time limit stated herein may be waived by the Council when this action is deemed necessary in the best interests of the City.

(p)

The designation of any landmark or landmark site may be amended or rescinded through the same procedure utilized for the original designation, by the filing of an application for rescission or amendment of designation utilizing the procedure hereinabove set forth. Any Commission recommendation to amend or rescind a prior designation shall be based upon new evidence and negative evaluation according to the same criteria used for designation in existence at the time of such application for revision or amendment.

(q)

The Commission may, by majority vote, without notice to the owner, designate a building, structure or site as a potential landmark and/or a potential landmark site. In any such designation, the Commission shall at its next scheduled meeting, and in no event later than 45 days, complete the application described in Section 307.104(d), and schedule the public hearing provided for in Section 307.104(e). In the event, the owner of the potential landmark or potential landmark site objects to the designation and provides written notice of such objection to the Commission, the Commission must complete its review of the application within 90 days of its original designation as a potential landmark or potential landmark site.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 8; Ord. 97-199-E, § 1)

Sec. 307.105. - Designation procedures and application requirements for historic districts.

The following procedures shall be followed with respect to the designation of historic districts.

(a)

Consideration by the Commission of the designation of an historic district may be initiated by the filing of an application for designation with the Commission by a property owner within the proposed district, or his authorized agent, the Jacksonville Historic Preservation Commission, the Mayor, the Jacksonville City Council, or any member of the Jacksonville City Council.

(b)

The applicant shall complete an application form provided by the Jacksonville Historic Preservation Commission which shall, to the extent possible, include:

(1)

A written description of the architectural, historical, or archaeological significance of the structures, sites and building in the proposed historic district specifically addressing and documenting the criteria set forth in subsection (j) of this Section;

(2)

An identification of all buildings, structures and sites within the proposed historic district and the proposed classification of each as contributing or noncontributing with an explanation of the criteria utilized for the proposed classification;

(3)

A physical description of the proposed historic district, accompanied by photographs of buildings, structures or sites within the district indicating examples of contributing and noncontributing structures within the district;

(4)

A statement of recommended boundaries for the proposed historic district and a justification for those boundaries, along with a map showing the recommended boundaries;

(5)

The names and addresses of all owners of real property within the boundaries of the land upon which the designation of the historic district is requested and the real estate assessment numbers for the property within the boundaries of the land upon which the designation is requested. Requirements (1), (2), (3) and (4) shall be waived with respect to any historic districts listed on the National Register of Historic Places as of January 1, 1990.

(c)

Consideration of the designation of an historic district already listed on the National Register as of January 1, 1990 may be initiated by the filing of a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation Office and the National Park Service.

(d)

The Planning and Development Department shall determine when an application is complete and may request additional information when such application is determined to be incomplete. The Planning and Development Department shall review the application for designation and forward its findings and recommendations to the Commission prior to the public hearing.

(e)

The Commission shall hold a public hearing on the proposed designation within 90 days of the filing of a completed application. The Commission shall hold at least one town meeting at which the proposed district will be explained and discussed. A quorum is not necessary to conduct the town meeting.

(f)

Notice of the time and place of the public hearing which is required to be held with respect to the proposed designation of an historic district, shall be posted by the Planning and Development Department, at least 45 days in advance of the hearing, by United States mail, to all owners of real property within the boundaries of the proposed historic district. For the purpose of notice requirements to owners, the names and addresses of owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. All notices required by this Section shall state clearly the boundaries of a proposed historic district. The notice required by this Section, the cost of which shall be $2 for each notification, shall be paid by the applicant to the City.

(g)

The notice referred to in subsection (f) of this Section shall include the following information and documents:

(1)

The notice shall state that the creation of an historic district will impose design review on certain permitted activities.

(2)

The notice shall state that the ordinance creating the historic district will contain requirements which must be met in order to alter, renovate or demolish a structure or building within the district. These requirements may relate to density, siting, building materials and architectural features as well as other matters.

(3)

The notice shall state that a list of contributing and noncontributing structures has been compiled and that contributing structures will be identified in the ordinance creating the historic district.

(4)

The notice shall state that the owners have the right to vote whether they want the historic district to be created.

(5)

The owners shall be provided a ballot which must be signed and witnessed which will permit the owner to vote whether he approves or disapproves the creation of the historic district. In order for the ballot to be valid it must indicate the name of the owner, the residence address of the owner and the address of the property in the proposed historic district. This ballot must be returned to the Commission not less than 21 days after the noticed hearing.

(6)

The notice shall state that at the hearing, the proposed historic district design guidelines for reviewing certain permitted activities will be discussed and voted on by the Commission.

(7)

The notice shall state that if the district is created the owners shall be required to obtain a certificate of appropriateness before certain work is done on the property.

(8)

The notice shall state that the application for creating the historic district is on file with the Commission and that the Commission shall have on file all information submitted by the applicant and the Planning and Development Department, including recommendations.

(9)

The notice shall state the time, date, and place of any town meetings scheduled by the Commission. However, nothing herein shall prohibit the Commission from holding other town meetings with published notice.

(h)

Notice of a public hearing shall also be published once in a newspaper of general circulation in the City not less than 14 days in advance of the date of the hearing. The published notice shall be in a form prescribed by the Commission and placed by the applicant at the applicant's expense. The applicant shall file proof of publication with the Commission prior to the public hearing.

(i)

The applicant for a proposed designation shall post signs within five working days after filing of a completed application, which signs shall be in the form required by the Commission and shall be posted in full view of the public. The sign or signs shall be posted on the boundaries of the proposed historic district at each public right-of-way intersecting the boundary of the proposed historic district, or at such other locations and at such intervals, as determined by the Planning and Development Department, as will ensure that the signs will be seen by as many persons as possible. The signs shall be maintained by the applicant until such time as the advisory recommendation has been made by the Commission. The signs shall be removed by the applicant within ten days after final action by the City Council.

(j)

At the close of the public hearing, the Commission shall determine whether, based upon the evidence, the proposed historic district does or does not meet the criteria for designation. Such a determination shall be made by a report stating the findings of the Commission concerning the relationship between the proposed historic district and the National Register of Historic Places criteria for designation set forth below. At least two of the criteria must be met.

(1)

Its value as a significant reminder of the cultural, historical, architectural, or archaeological heritage of the City, State or nation.

(2)

Its location is the site of a significant local, State or national event.

(3)

It is identified with a person or persons who significantly contributed to the development of the City, State or nation.

(4)

It is identified as the work of a master builder, designer, or architect whose individual work has influenced the development of the City, State or nation.

(5)

Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance.

(6)

It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.

(7)

Its character is a geographically definable area or neighborhood possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events, or united in culture, architectural style, or aesthetically by plan or physical development.

(8)

Its suitability for preservation or restoration.

(k)

The Commission shall also determine what proposed historic district design guidelines it would recommend to apply to the historic district and shall identify what actions to be taken on property within the proposed district that would require a certificate of appropriateness.

(l)

The Commission shall inform the public that each owner of real property in the proposed historic district had been sent ballots to vote on the proposed district and that the ballots must be signed, witnessed and delivered to the Commission within 21 days after the hearing.

(m)

At the first meeting of the Commission held at least seven days after the owners' votes are due, the Commission shall tabulate the votes. If a majority of the owners' votes cast disapprove the creation of the proposed historic district, the Commission shall take no further action on the proposed historic district and the Commission's files on the district shall be closed. If 50 percent or more of the owners' votes cast approve the creation of the proposed historic district, then the Commission shall adopt an advisory recommendation which shall be accompanied by the report made pursuant to subsection (j) of this Section and shall request that an ordinance creating the historic district be drafted by the General Counsel and introduced by the Council.

(n)

When a majority of the owners' votes disapprove the creation of the proposed historic district, any council member may request that an ordinance designating the proposed historic district be drafted, but approval of the designation of such historic district by the City Council shall require a vote of two-thirds of the City Council members unless 85 percent of the proposed historic district is already part of an historic district listed on the National Register.

(o)

The City Council shall give notice, follow the publication procedure and sign posting procedure, hold public hearings, and make its determination in the same manner as provided in Section 656.124; provided however, there shall be no requirement to notify by United States mail all owners of real property within 350 feet of the boundaries of the proposed historic district. The Council shall consider the same criteria set forth in subsection (j) of this Section. Any ordinance designating an historic district shall set forth the historic district design guidelines that apply to the historic district, which would then become the Historic District Design Regulations for that historic district, and the actions that would require a certificate of appropriateness.

(p)

The Council Secretary shall notify each applicant and each owner of real property within the proposed historic district of the final decision relating to the proposed historic district within seven days of the City Council's action and shall cause the designation of an historic district to be recorded in the official records of Duval County, Florida, at the expense of the applicant for the designation. The Council Secretary shall also notify the Property Appraiser's office of the designation.

(q)

When an historic district designation is made, the Director of Planning and Development or his designee shall enter the designation on the Zoning Atlas in accordance with Section 656.203, Ordinance Code.

(r)

Whenever the City Council has denied an application for the designation of an historic district no further application shall be filed for the same historic district designation for a period of one year from the date of such City Council denial.

(s)

The designation of any historic district may be amended or rescinded through the same procedure utilized for the original designation, by the filing of an application for rescission or amendment of designation utilizing the procedure hereinabove set forth. Any Commission recommendation to amend or rescind a prior designation shall be based upon new evidence and evaluation according to the criteria used for historic district designation in existence at the time of such application for rescission or amendment.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 9; Ord. 2004-482-E, § 1)

Sec. 307.106. - Approval of changes to landmarks, landmark sites, and property in historic districts; application procedures.

Procedures with respect to changes to historic landmarks, landmark sites, and property in historic districts shall be as follows:

(a)

The ordinance designating a landmark or landmark site or historic district shall designate those activities which require the issuance of a certificate of appropriateness. Nothing in this Section shall be construed to require a certificate of appropriateness for the demolition of a non-contributing structure or any accessory building deemed noncontributing by the Planning and Development Department in an historic district.

(b)

Whenever any alteration, new construction, demolition, except demolition of a noncontributing structure in an historic district, or relocation as specified in subsection (a) of this Section is undertaken on a landmark, landmark site, or property in an historic district without a certificate of appropriateness, or when work has been done in violation of a previously approved certificate of appropriateness, the Director of the Planning and Development Department, or his or her designee, is authorized to issue a notice of violation to stop all work. Nothing herein shall prevent any City Department from also prosecuting violations of any City codes in any other manner authorized by law.

(c)

The City of Jacksonville and each independent agency of the City of Jacksonville or their agents or contractors shall be required to notify the Commission prior to planning and construction of improvement projects within an historic district or affecting a landmark or landmark site including, but not limited to, street improvements or repaving, sidewalks and curbs, drainage, water and sewer projects, street lighting, public utility poles, construction of utilities, building construction or demolition, tree trimming or removal, and other similar public improvements, except emergency actions that must be undertaken to protect the health, safety and welfare of the public.

(d)

A certificate of appropriateness shall be required, in addition to any other building permits, zoning exceptions, variances, or administrative deviations required by law, prior to commencing any alteration, new construction, demolition, relocation, mothballing or any other action regulated by this Chapter affecting a landmark, landmark site or property located in an historic district. Any conditions contained in the certificate of appropriateness shall be included as a requirement to any building permit for which the certificate of appropriateness was issued. Any conditions contained in the certificate of appropriateness shall be included as a requirement to any building permit for which the certificate of appropriateness was issued.

(e)

The Historic Preservation Section of the Planning and Development Department shall forward to the Planning and Development Department each application for a certificate of appropriateness that would authorize an alteration, new construction, demolition or relocation affecting a landmark, landmark site, or a property in an historic district. The applicant shall complete an application form provided by the Planning and Development Department. The Planning and Development Department shall determine when an application is complete and may request additional information when such application is determined to be incomplete. The Planning and Development Department shall determine if the application can be administratively approved and if so state its reason for said approval. For those Certificate of Appropriateness applications determined to require Commission approval, the Planning and Development Department shall review the application and forward its recommendations and findings to the Commission prior to the public hearing.

(f)

The Commission shall be responsible for reviewing and taking action upon certificate of appropriateness applications forwarded by the Planning and Development Department. All certificates of appropriateness shall be made in the form of a final order and signed by the Chairman. The Commission is authorized to prescribe procedural and administrative rules it deems necessary or appropriate to administer this function. The Commission shall promulgate appropriate rules providing for the establishment and maintenance of a record of applications for certificate of appropriateness considered by the Commission. The Commission shall establish the record in sufficient degree to disclose the factual basis for its determination with respect to each application.

(g)

The Commission shall hold a public hearing on each application for a certificate of appropriateness at its next regular meeting, after a completed application has been filed with the Planning and Development Department, at least 21 calendar days before the meeting. The Commission shall make a decision on each application within 30 days after the hearing provided that the Commission may extend the time for decision an additional 30 days when the application is for relocation, new construction, or demolition. Any decision on a certificate may be deferred for a time certain upon mutual consent between the Commission and the applicant.

(h)

Notice of the time and place of the public hearing which is required to be held with respect to an application for a certificate of appropriateness, shall be posted, by the Planning and Development Department, by United States mail to the applicant and the owner of the designated property as listed on the application, at least seven days in advance of the hearing.

(i)

The applicant for a certificate of appropriateness shall post signs at intervals of not more than 200 feet along all street sides of land upon which the request for a certificate of appropriateness is made. Signage should be posted at least 14 days prior to the scheduled public hearing. Where the land does not have frontage on a public street, the signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land upon which the application for a certificate of appropriateness has been filed, or at such other locations and at such intervals, as determined by the Planning and Development Department, as will ensure that the signs will be seen by as many persons as possible. The signs shall be maintained by the applicant until a final determination has been made by the Commission on the application for a certificate of appropriateness. If the signs are not posted within the time requirements, the public hearing notice will be deemed inadequate and no action shall be taken until proper posting is accomplished. The signs shall be removed by the applicant within ten days after final action.

(j)

The Commission shall approve, approve with conditions, approve the withdrawal of, or deny each application, based on the applicable Historic District Design Regulations, if any, and the criteria contained in this Section. An order on each application shall be issued within 15 calendar days of the last hearing or meeting at which the application was considered and decided and shall contain findings upon which the Commission's decision is based. The order shall be executed by the Chairman or Vice-Chairman. The effective date of the order, and the date upon which the order is deemed to be issued, is the date upon which the order is actually signed by the last of all persons who are required to sign the order. Notice of the decision of the Commission shall be sent by regular mail within seven calendar days of the effective date of the order to the applicant and the owner of the property and copies shall be made available by the Department to all persons who appeared before the Commission or filed a qualifying written statement concerning the application, or to any other interested persons.

(k)

In considering an application for a certificate of appropriateness for alterations, new construction, demolition, or relocation, the Commission, in addition to considering whether the proposed activity complies with the applicable Historic Design regulations, if any, shall be guided by the following general criteria:

(1)

The effect of the proposed work on the landmark, landmark site or property within an historic district upon which such work is to be done;

(2)

The relationship between such work and other structures on the landmark site or other property in the historic district;

(3)

The extent to which the historic, architectural, or archaeological significance, architectural style, design, arrangement, texture and materials of the landmark or the property will be affected;

(4)

Whether the plans may be carried out by the applicant within a reasonable period of time.

(l)

Applications for certificates of appropriateness for alterations shall be considered by the Commission based on the applicable Historic District Design Regulations, if any, and in accordance with the following additional criteria, which are based on the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings:

(1)

Every reasonable effort shall be made to use a property for its originally intended purpose, or to provide a compatible use for a property that requires minimal alteration of the building structure, or site.

(2)

The distinguishing original qualities or character of a building, structure, or site shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible.

(3)

Each building, structure, and site shall be recognized as a product of its own time. An alteration which has no historical basis and which seeks to create an earlier appearance shall be discouraged.

(4)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(5)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site, shall be treated with sensitivity.

(6)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture, and other visual qualities. However, technologically advanced materials shall be considered and used as replacement alternatives. Repair or replacement of missing architectural features shall be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(7)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall be not undertaken.

(8)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.

(m)

In considering an application for certificate of appropriateness for new construction, the Commission shall consider the applicable Historic District Design Regulations, if any, and the following additional criteria:

(1)

Height. The height of any proposed alteration or construction shall be compatible with the style and character of the landmark and with surrounding structures in an historic district.

(2)

Proportions of windows and doors. The proportions and relationships between doors and windows shall be compatible with the architectural style and character of the landmark and with surrounding structures in an historic district.

(3)

Relationship of building masses, setbacks and spaces. The relationship of a structure within an historic district to the open space between it and adjoining structures shall be compatible.

(4)

Roof shape. The design of the roof shall be compatible with the architectural style and character of the landmark and surrounding structures in an historic district.

(5)

Landscaping. Landscaping shall be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in an historic district.

(6)

Scale. The scale of the structure after alteration, construction, or partial demolition shall be compatible with its architectural style and character and with surrounding structures in an historic district.

(7)

Directional expression. Facades in historic districts shall blend with other structures with regard to directional expression. Structures in an historic district shall be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition shall be compatible with its original architectural style and character.

(8)

Architectural details. Architectural details including materials and textures shall be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district. The Commission will give recommendations as to appropriate colors for any landmark or historic district.

(9)

Impact on archaeological sites. New construction shall be undertaken in such a manner as to preserve the integrity of archaeological sites and landmark sites.

(n)

In considering an application for certificate of appropriateness for demolition, the Commission shall consider the applicable Historic District Design Regulations, if any, and the following additional criteria:

(1)

The historic or architectural significance of the building or structure;

(2)

The importance of the building or structure to the ambience of the historic district;

(3)

The difficulty or the impossibility of reproducing such a building or structure because of its design, texture, material, detail or unique location;

(4)

Whether the building or structure is one of the last remaining examples of its kind in the neighborhood, the County or the region;

(5)

Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what effect of those plans on the character of the surrounding area would be;

(6)

The difficulty or the impossibility of saving the building or structure from collapse;

(7)

Whether the building or structure is capable of earning reasonable economic return on its value;

(8)

Whether there are other feasible alternatives to demolition;

(9)

Whether the property no longer contributes to an historic district or no longer has significance as an historic, architectural or archaeological landmark; and

(10)

Whether it would be undue economic hardship to deny the property owner the right to demolish the building or structure.

The Commission may request assistance from interested individuals and organizations in seeking an alternative to demolition. The Commission may require applicants to submit such additional information as the Commission deems necessary to be used in making its determination. The Commission shall not deny a request for a certificate of appropriateness for demolition without also considering such request as a request for a certificate for relocation.

(o)

When an applicant seeks to obtain a certificate of appropriateness for the relocation of a landmark, a building or structure on a landmark site, or a building in an historic district, or wishes to relocate a building or structure to a landmark site or to a property in an historic district, the Commission shall, in addition to considering the applicable Historic District Design Regulations, if any, also consider the following criteria:

(1)

The contribution the building or structure makes to its present setting;

(2)

Whether there are definite plans for the site to be vacated;

(3)

Whether the building or structure can be moved without significant damage to its physical integrity; and

(4)

The compatibility of the building or structure with the proposed site and adjacent properties.

(p)

In any instance where an undue economic hardship, as defined in this Chapter, is claimed by a property owner, the property owner may submit to the Commission any or all of the following information before the Commission makes a decision on the application for certificate of appropriateness:

(1)

An estimate of the cost of the proposed construction, alteration, demolition, or removal;

(2)

A report from a licensed engineer, contractor or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

(3)

The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

(4)

In the case of a proposed demolition, an estimate from an architect, developer, licensed contractor, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

(5)

The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

(6)

The annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

(7)

The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

(8)

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

(9)

Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years;

(10)

The assessed value of the property according to the two most recent assessments;

(11)

The real estate taxes for the previous two years;

(12)

The form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other;

(13)

Any other information considered necessary by the Commission to a determination as to whether the property does yield or may yield a reasonable return to the property owner.

The Commission may require that the property owner furnish such additional information as the Commission believes is relevant to the Commission's determination of any alleged undue economic hardship. No decision of the Commission shall result in undue economic hardship for the property owner. In any case where undue economic hardship is claimed, the Commission shall make three specific findings. First, the Commission shall determine if the owner would be entitled to a certificate of appropriateness without consideration of undue economic hardship. Second, the Commission shall determine whether the owner demonstrated an undue economic hardship. Third, the Commission shall determine the extent, if any, to which the owner or applicant caused or created such economic hardship through any activity, inactivity or neglect. The Commission shall hold a hearing on each matter at the same time; except that, any property owner, may request a separate hearing on each.

(q)

Reserved.

(r)

All work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the Building Inspection Division to inspect from time to time any work being performed pursuant to such certificate to assure such compliance. In the event work is not performed in accordance with such certificate, the Chief of Building Inspection or his designated representative shall issue a notice of violation to stop all work and all work shall cease. No additional work shall be undertaken as long as such notice shall continue in effect.

(s)

Any certificate of appropriateness which has been approved pursuant to the provisions of this Section shall expire 12 months from the date of issuance if the work authorized is not commenced within this period. Further, such certificate shall expire if the work authorized is not completed within five years of the date of issuance, unless otherwise extended by the Commission.

(t)

When a landmark, building or structure on a landmark site or building or structure within an historic district, or any portion of such building or structure, has been destroyed or damaged by an act of God, the building or structure may be reconstructed to its pre-existing condition. This provision shall not be construed so as to waive any portion of the Zoning Code or the building, fire, health or safety codes, of the Ordinance Code.

(u)

The Historic Preservation Commission shall review and approve the transit shelter design type for any locally or nationally designated historic district. The transit shelter design type shall be chosen from at least three options provided by JTA, whose design shall be in keeping with the applicable Historic District Regulations. No COA shall be required for any transit shelter which conforms to the transit shelter design type approved by the Historic Preservation Commission. Pursuant to Section 656.1303(k)(3)(v), transit shelters with advertising and/or internal sign illumination are not permitted in the San Marco Overlay Zone, Riverside Avondale Zoning Overlay, the Riverside Avondale Historic District, the Springfield Zoning Overlay, the Springfield Historic District, or any other locally or nationally designated historic districts.

(v)

In considering an application for mothballing, the Commission shall consider the following criteria:

(1)

The proposed work to address specific stabilization requirements needed to remedy any structural concerns of the Municipal Code Compliance Division stemming from it being classified as an unsafe structure as defined under Section 518.111.

(2)

The proposed work necessary to effectively mothball the structure, as described in the mothballing administrative rule adopted pursuant to Section 307.305, including but not limited to long term monitoring and maintenance requirements.

(3)

The proposed efforts to ensure that the mothballed status of the property will not have a detrimental impact on nearby properties and the surrounding neighborhood.

(4)

Whether the proposed mothballing will further the goals, objectives and policies of the Historic Preservation Element of the Comprehensive Plan and the purposes and intent of this Chapter.

(5)

Information concerning sales of properties in the vicinity of the structure and what efforts, if any, the property owner has taken to market or sell the property.

If a request is made for a three-year extension of a previously granted mothballing certificate of appropriateness, the subsequent certificate of appropriateness application shall require a rehabilitation plan for the three-year term of the extension, including identification of additional rehabilitation measures to be completed in each of the three additional years to ensure progress towards the implementation or completion of the larger rehabilitation plan, as also described in Section 307.306. The failure to meet any deadline for such rehabilitation measures will be a violation of the approved certificate of appropriateness and subject the property owner to enforcement as provided herein.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 10; Ord. No. 96-362-453, § 2; Ord. 2001-622-E, § 2; Ord. 2003-460-E, § 1; Ord. 2004-1003-E, § 4; Ord. 2004-482-E, § 1; Ord. 2006-847-E, § 1; Ord. 2009-401-E, § 4; Ord. 2011-408-E, § 2; Ord. 2011-539-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 307.107. - Administrative Review and Exceptions.

(a)

The Commission shall designate and update and amend from time to time a list of routine alterations, minor repairs or other work that may receive immediate approval from the Planning and Development Department without a public hearing when an applicant complies with the applicable Historic District Design Regulations.

(b)

A certificate of appropriateness will not be required for any interior alteration that does not affect any exterior fabric or for routine lawn and landscape care or maintenance, excluding changes to existing or introduction of new hardscape.

(c)

Any staff administrative review decision can be appealed to the Commission by the applicant and any person with standing under Section 307.202. The filing of such an appeal shall be made within 21 days of the staff approval date. Such appeal shall be a de novo hearing and shall be processed and heard as a standard certificate of appropriateness application, including payment of the applicable certificate of appropriateness application fee by the appealing party, and such appeal shall be processed and proceed in the same manner established in Section 307.106 for standard Commission-reviewed applications.

(d)

The ordinance designating a landmark or landmark site or historic district may designate additional exceptions to a certificate of appropriateness.

(e)

Any Commission determination on an application for a certificate of appropriateness application shall be binding on an applicant or other interested party absent a demonstration to the Commission of a substantial change in circumstances pertaining to such application.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 11; Ord. 2003-460-E, § 1; Ord. 2004-482-E, § 1; Ord. 2011-539-E, § 1)

Sec. 307.108. - Extensions, Amendments and Minor Modifications to existing certificates of appropriateness.

Changes to an approved certificate of appropriateness may be accomplished administratively or through Commission review depending on how the application was originally processed and the extent of changes, as herein described.

(a)

Administrative extensions, amendments and minor modifications. Extensions, amendments and minor modifications to existing certificates of appropriateness may be administratively reviewed by Planning and Development Department staff in the following circumstances:

(1)

Extensions of time for any application to commence or complete previously approved work, so long as the work scope has not changed. Such extension request shall be submitted prior to expiration of the applicable time deadline and may require the completion of another certificate of appropriateness application;

(2)

Amendments to administratively-approved certificates of appropriateness when the amended scope of work is of the type allowed to be administratively reviewed; and

(3)

Minor modifications to Commission-approved certificates of appropriateness when the proposed modifications pertain to cosmetic changes which reflect an upgrade in product or changes which do not significantly affect the scale, massing, roof form or street-visible appearance.

Staff shall have the discretion to refer any particular extension or minor modification request to the Commission for consideration for any reason.

(b)

Commission minor modifications. Minor modifications to existing certificates of appropriateness may be considered by the Commission in the following circumstances:

(1)

Minor modifications to Commission-approved certificates of appropriateness when the proposed modifications pertain to significant changes affecting the scale, massing, roof form or street-visible appearance; and

(2)

Any minor modification requests forwarded to the Commission by Planning and Development Department staff.

For any minor modification application requiring Commission review, there shall be an application fee of one-half the normal fee for a certificate of appropriateness application for the same scope of work, and such application shall be processed and proceed in the same manner established in Section 307.106 for standard Commission-reviewed applications.

(c)

Requests for modifications that are determined by staff to be substantial in nature or not otherwise addressed herein shall require the filing of a new certificate of appropriateness application.

(Ord. 2011-539-E, § 1)

Sec. 307.109. - Approval of changes to potential landmarks and potential landmark sites; application procedures.

(a)

A certificate of appropriateness shall be required for any renovation or alteration to an exterior feature, demolition of a potential landmark or potential landmark site. For the purposes of granting of a certificate, a potential landmark shall be treated as a landmark, and a potential landmark site shall be treated as a landmark site. All procedures and requirements set forth in Section 307.106 shall be followed with respect to the granting of certificates for potential landmarks and potential landmark sites.

(b)

A certificate shall not be required if the City Council does not designate a potential landmark or potential landmark site as a landmark or landmark site.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 13)

Sec. 307.110. - Maintenance and repair of landmarks, landmark sites, and property in historic districts.

The following shall apply to maintenance and repair to landmarks, landmark sites, and contributing structures in historic districts, as well as all properties that have been officially listed individually or as a contributing structure within a historic district on the National Register, or deemed eligible for individual listing on the National Register of Historic Places.

(a)

The owner, lessee, or other person in physical control of a landmark, landmark site or contributing structure in an historic district shall comply with all applicable codes, laws and regulations governing the maintenance and safety of property, including, but not limited to, the provisions of Chapters 320, 518 and 656, Ordinance Code, as applicable. It is the intent of this Section to preserve from deliberate or inadvertent neglect of the exterior features of a building designated as a landmark or contributing structure to an historic district, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and shall be free from structural defects through prompt correction of any of the following defects:

(1)

Facades which may fall and injure members of the public or property.

(2)

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

(3)

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.

(4)

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

(5)

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.

(6)

Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

(7)

Any fault or defect in the building rendering such structure an unsafe structure as defined under the provisions of Chapter 518, Ordinance Code, City of Jacksonville.

(b)

In addition, where the landmark is an archaeological site, the owner shall be required to maintain his property in such a manner so as not to adversely affect the archaeological integrity of the site.

(c)

It shall be the joint responsibility of Municipal Code Compliance Division of the Neighborhoods Department, and Planning and Development Department to enforce the provisions of this Section, and the divisions may refer violations to the Special Magistrate for enforcement proceedings, pursuant to Chapter 91, Ordinance Code, or may issue citations, following the specific procedures or methods specified in Chapter 307; 320; Chapter 518; and Chapter 656, Ordinance Code, respectively, concerning any building or structure designated hereunder, so that the building or structure shall be preserved in accordance with the purposes of this Chapter.

(d)

The provisions of this Section shall be supplemental to the provisions of Title VII, Ordinance Code.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 14; Ord. 2002-510-E, § 1; Ord. 2011-408-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 307.111. - Enforcement; civil remedies.

(a)

Except as otherwise provided herein, the requirements of this Chapter shall be enforced by the Planning and Development Department as follows:

(1)

By the Special Magistrate pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code, however, in no instance shall a civil penalty less than $100 per violation per day of violation be imposed;

(2)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code, however, in no instance shall a civil penalty less than $100 per violation per day of violation be imposed;

(3)

By action for civil penalties through a court of competent jurisdiction as follows:

(i)

The civil penalty for convictions of violations committed by an agent hired by or working on behalf of the property owner to perform work or by a property owner who performed such work him or her self on any structure or property regulated under this Chapter or for violations of Section 307.110 shall be as follows:

(1)

$1,000 for a first violation;

(2)

$2,000 for a second violation; and

(3)

$3,000 civil penalty for a third or subsequent violation, and the violator shall be prohibited from applying for a certificate of appropriateness for work not associated with the correction of the violation for a period of three months.

Additionally, the violator shall be prohibited from applying for any certificate of appropriateness until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for a certificate of appropriateness contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final.

(ii)

Civil penalties assessed against property owners who did not do the unauthorized work themselves for violations of this Chapter shall in no instance be less than $50 and no more than $500 per day per violation.

(4)

By an action for injunctive relief through a court of competent jurisdiction; and

(5)

Violators holding a contractor's certification or license shall in all instances be referred to the Construction Trades Qualifying Board, and/or the appropriate State licensing board, for further enforcement.

Each day and each unauthorized alteration of each separate historic element regulated by this Chapter shall constitute a separate violation of this subpart (a).

(b)

In cases where a structure has been either demolished or relocated in violation of this Chapter, or where any building has to be demolished by the City pursuant to the property safety requirements of Chapter 518 and the owner of said building has received two or more notices from the City regarding neglect or failure to comply with Chapter 518 as they pertain to the structure, a civil penalty shall be assessed in an amount equal to 30 percent of the market value of the property and structure(s) prior to its demolition, however this civil penalty shall be no less than $10,000. This civil penalty shall be in addition to and separate from any costs incurred by the City in removal of any structure and otherwise recoverable from the property owner. Additionally and separate from any civil penalty provision in this Section, there shall be no certificate of appropriateness issued for new development on the subject property for a period of one year from the date the City's judgment for civil penalties has become final, unless and only when such certificate of appropriateness is issued to correct and repair a partial demolition.

(c)

In addition to civil penalties, any person altering, demolishing or relocating all or any portion of property in violation of the provisions of this Chapter may be required to repair or restore any such property or to return it to its former location and condition.

(d)

In cases where the violation is of a nature such that it can be readily and appropriately reversed, the property owner or agent shall have 10 days from notice of the existence of a violation or issuance of a citation or stop work order to begin corrective action or reversal of the violation before a civil penalty may be levied. If the corrective action or reversal of the violation is not commenced in a significant manner (such as hiring a contractor to begin corrective measures or filing an application for a certificate of appropriateness to perform such corrective action), civil penalties shall accrue from the date the notice, citation or the stop work order was initially provided to the property owner or agent. Filing an application for a certificate of appropriateness seeking to gain after-the-fact approval of the unauthorized work shall not be considered commencement of corrective actions. All corrective actions under this subpart shall be complete within six months after receiving an approved certificate of appropriateness, unless an extension of time is granted in writing by the Director of the Planning Department.

(e)

The owner or tenant of any structure subject to the regulations of this Chapter and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the same penalties as the person or entity actually performing the unauthorized actions.

(f)

The daily accrual of any civil penalty shall be tolled from the date a complete application for a certificate of appropriateness seeking after-the-fact approval of unauthorized work is filed with the Planning Department until a final decision is rendered on such application. If such application results in a denial in whole or in part for the unauthorized work, the civil penalty authorized under this Section for work associated with such denial shall be tallied uninterrupted from the original date of the violation.

(g)

Work that has been done without first obtaining a required certificate of appropriateness or that has been done in violation of or contrary to an approved certificate of appropriateness, including any conditions imposed therein, shall be considered irreparable or irreversible.

(h)

Civil penalty payments recovered pursuant to this Chapter shall be used to fund enforcement efforts under this Chapter, with any remainder deposited into the Historic Preservation Trust Fund on an annual basis. Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorney's fees and costs.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 15; Ord. 2004-429-E, § 14; Ord. No. 2006-847-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 307.112. - Stop work orders.

Upon notice from the Director of the Planning and Development Department or his or her designee, work on any structure or property that is being done contrary to the provisions of this Chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property or to his or her agent or to the person conducting such improper work and shall state the particular code provision such work violates and the conditions under which work may be resumed. Failure to comply with the terms and conditions of a stop work order issued pursuant to this Section shall constitute a violation of this Chapter, subject to enforcement pursuant to Section 307.111. Issuance of a stop work order shall not absolve the property owner, his or her agent, or the person conducting the improper work from complying with the demolition by neglect provisions of Section 307.110(a).

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 16; Ord. No. 2006-847-E, § 1)

Sec. 307.113. - Unsafe Structure Abatement.

In the event a structure that has been designated as a landmark or contributing to an historic district under the provisions of this Chapter is declared to be an unsafe structure or condemned pursuant to Chapter 518, Ordinance Code, and either the property owner or the Municipal Code Compliance Division desires to abate such conditions, they shall first obtain a certificate of appropriateness pursuant to Section 307.106 or 307.107. Demolition activities shall be performed consistent with the approved certificate of appropriateness. A certificate of appropriateness shall not be required prior to commencing demolition or abatement actions concerning any extreme and imminent public safety hazard, as provided for under an order for emergency abatement issued by the Chief of the Municipal Code Compliance Division or the Chief of Building Inspection. However, a copy of the emergency abatement order shall be submitted with a certificate of appropriateness application prior to either obtaining any necessary permits to conduct the emergency abatement or within seven days of the demolition or other emergency abatement action. In determining the appropriate manner to remedy emergency conditions affecting a landmark, landmark site, or a property in a historic district, the remedy shall be limited to the least intrusive means to minimize the impact to the historic fabric. Consideration shall be given to bracing or other stabilization alternatives if such would be sufficient to abate the emergency conditions.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 17; Ord. No. 2006-847-E, § 1; Ord. 2011-408-E, § 2)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 307.114. - Time periods procedural.

The time periods provided for this Part for actions by the Commission, Planning and Development Department staff or other City staff are procedural and not substantive. Noncompliance with a time period shall neither confer upon nor deny a substantive right to an applicant for a certificate of appropriateness.

(Ord. 2004-482-E, § 3; Ord. 2011-539-E, § 1)

Sec. 307.115. - Severability.

If any Section, subsection, sentence, clause, phrase, word or provision of this Chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, then such invalid or unconstitutional portion shall be deemed a separate, distinct and independent provision, and said holding shall not affect the validity of the remaining portions of this Chapter, provided the remaining portions of this Chapter effectuate the primary purpose and intent of this Chapter.

(Ord. 2011-408-E, § 2)

Editor's note— Ord. No. 2011-408-E, § 2, amended the Code by adding a new § 307.114. In order to avoid duplication of section numbers, the editor has redesignated the new Section as § 307.115.

Sec. 307.116. - Public notice and advertisement methods.

Any public notice or advertisement required in this Chapter to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website).

(Ord. 2023-187-E, § 8)

PART 2. - APPELLATE PROCEDURE

Sec. 307.201. - Appeal of the decision on an application for certificate of appropriateness.

The determination by the Commission approving, approving with conditions, or denying an application for a certificate of appropriateness shall be appealable to the City Council. The notice of appeal shall be filed with the Legislative Services Division within 21 calendar days from the effective date of the written order. As defined in Section 307.106(k) herein, the effective date of the written order, and the date upon which the written order is deemed to be issued, is the date upon which the order is actually signed by the last of all persons required to sign the order.

(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2; Ord. 2004-482-E, § 1)

Sec. 307.202. - Standing.

The following may appeal any final order of the Historic Preservation Commission with respect to an application for a certificate of appropriateness.

(a)

The person who filed the application for certificate of appropriateness.

(b)

Any person who owns, lives or operates a business on property within 350 feet of property which is granted or denied a certificate of appropriateness;

(c)

Any adversely affected person, other than a council member, who provided a qualifying written statement to or testified before the Historic Preservation Commission. As used herein, the term "adversely affected person" means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by this Chapter 307. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. Also as used herein, the term "qualifying written statement" means a statement in writing which expresses a position on the merits of the application, other than a petition, such as a letter, a memo or an e-mail, which contains a reference to a specific application number and the name and mailing address of the person making the statement, is specifically addressed to the Chief of the Comprehensive Planning Division or any member of the historic preservation staff or the Commission, with a copy to the Chief of the Comprehensive Planning Division, and which is delivered to and received by the Department by hand delivery, mail, facsimile or e-mail at least two working days prior to the public hearing at which final action is taken by the Commissioners or which is read into the record at the public hearing or distributed to the Commission at the hearing with a copy to the staff secretary.

(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2)

Sec. 307.203. - Notice of appeal.

(a)

The notice of appeal shall be filed with the Legislative Services Division and contain:

(1)

A copy of the written order to be reviewed.

(2)

A statement of the interest of the person seeking review which is sufficient to show how that person is adversely affected.

(3)

A statement which explains the specific error alleged as the grounds for the appeal.

(4)

A written list, certified by the staff secretary to the Commission, of the complete names and mailing addresses of any and all persons who either provided a qualifying written statement to or testified before the Commission regarding the subject of the appeal.

(b)

The notice of appeal shall be filed with the Legislative Services Division within 21 calendar days of the effective date of the decision, and shall be accompanied by a filing fee, plus a required notification fee as found in www.coj.net/fees.

(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2; Ord. 2010-216-E, § 4; Ord. 2017-665-E, § 18)

Sec. 307.204. - Appellate procedure.

(a)

Within five days of the filing of a notice of appeal, including all required attachments, which has been determined to be complete, the Legislative Services Division shall notify the Council President, the chairman of the appropriate Council Committee, the affected district Council member, the Chief of Building Inspection Division, the Director of Planning and Development and the Chief of the Comprehensive Planning Division of the filing of the notice of appeal, and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council.

(b)

Upon notification by the Legislative Services Division of the filing of a notice of appeal, the Planning and Development Department shall forward a copy of the Department file on the matter to the Office of General Counsel, including the minutes pertaining to that matter, and any exhibits offered as evidence before the Commission.

(c)

Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the Chairman of the committee of reference shall schedule a public hearing concerning the appeal. The Division of Legislative Services shall notify the applicant and all persons included on the lists attached to the notice of appeal of the time, date and location of the public hearing. The written notice shall be mailed at least 14 days prior to the date of the scheduled public hearing. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation for consideration by the committee of reference. After the committee of reference makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the committee of reference thereafter determines the notice of appeal to be sufficient. The deficiencies must be remedied within 30 days or the resolution is subject to withdrawal by the Council at any time thereafter.

(d)

The resolution shall be referred to the appropriate committee of Council, which shall conduct a de novo public hearing as soon thereafter as reasonably practicable. The committee of reference shall prepare a proposed recommended written order for consideration by the Council.

(e)

The record shall include all evidence and testimony presented to the Commission as well as any evidence presented to the appropriate Committee of Council orally or in writing.

(f)

The committee of reference shall have the authority:

(1)

To accept briefs and other papers to be filed on behalf of any party; provided all papers are submitted at or prior to the Committee hearing;

(2)

To hear oral argument on behalf of any party;

(3)

To take testimony and allow cross-examination of witness;

(4)

To adjourn, continue, or grant extensions of time for compliance with these rules, whether or not requested by a party, provided no requirement of law is violated;

(5)

To dispose of procedural requests or similar matters including motions to amend and motions to consolidate; and

(6)

To keep a record of all persons requesting notice of the decision of each case.

(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2; Ord. 2004-482-E, § 1; Ord. 2005-330-E, § 1)

Sec. 307.205. - Decision of the Council and final action.

(a)

As a final action, the Council may affirm, reverse or modify each contested decision, or it may refer the matter back to the Commission with specific instructions for further action, by adopting a written order. The decision of the Council must be based on competent, substantial evidence presented as part of the record. A copy of the written order shall be forwarded by the Legislative Services Division to the Historic Preservation Section of the Planning and Development Department.

(b)

When the Council acts on a contested decision by affirming, reversing, or modifying the action of the Commission, the Council action shall be deemed to be the final action of the City and shall be subjected to no further review under this Code.

(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2; Ord. 2004-482-E, § 1; Ord. 2005-330-E, § 1)

Sec. 307.206. - Custody of books and papers.

The Council Secretary shall be the custodian of all documents concerning the appeal, including the notice of appeal, the Committee's decision, the Council's decision, and the records of the proceedings.

(Ord. 96-362-453, § 4)

Sec. 307.207. - Time periods procedural.

The notice time periods provided for this Part are procedural and not substantive. Noncompliance with a notice time period shall neither confer upon nor deny a substantive right to an applicant for a certificate of appropriateness and/or an appellant.

(Ord. 2005-330-E, § 2)

Sec. 307.208. - Fees established.

There are hereby established below, the indicated fees for the indicated permits, materials of services: The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code. The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(a)

Certificate of Appropriateness (COA) application requiring a review and action by the Commission for:

(1)

Alterations or additions, and new construction;

(2)

Relocations;

(3)

Demolitions.

(b)

Any Certificates of Appropriateness (COA) application requiring a review and action by the Commission that is filed subsequent to the issuance of a notice of violation: Fees doubled after citation.

(Ord. 2004-1003-E, § 5; Ord. 2004-1003-E, § 5; Ord. 2010-216-E, § 4; Ord. 2017-665-E, § 18)

PART 3. - ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518

Sec. 307.301. - Legislative Intent and Findings.

The Council finds and declares that the current enforcement options available for violations of Chapter 518 may lead to the demolition of landmarks and contributing structures in the City's historic districts. Further, financial and real estate markets may serve to hamper the ability of property owners to appropriately address outstanding violations of Chapter 518 in a timely and fiscally responsible manner. Failing an appropriate response by the property owner, the City is forced to address the violations through engaging in an enforcement process or demolition at the City's expense. It is desirable and in the public interest to create an enforcement alternative to allow property owners to preserve the historic structures while maintaining the public's health, safety and welfare.

The intent of this Part is to provide owners of historic properties with an alternative to strict compliance with Chapter 518 and the limited choice of either a complete rehabilitation of the structure or demolition. A process is needed in order to protect the financial investment in a landmark or contributing structure within a historic district by providing more time to secure funding for the rehabilitation of the structure or to market the property for sale. This process is not intended to be used to circumvent the need to perform structural corrections or perform routine and on-going maintenance to ensure protection of the public health and safety, nor as a means for a property owner to avoid compliance with Chapter 518. It is preferable for the owner to perform any necessary repairs or to sell the property to someone committed to rehabilitating the structure so that it may productively contribute to the overall community.

(Ord. 2011-408-E, § 2)

Sec. 307.302. - Mothballing Vacant Structures.

(a)

In lieu of enforcement under other provisions of Chapter 518, the owner(s) of a vacant locally-designated or National Register listed structure may elect to mothball their structure.

(b)

To prevent demolition of structures which have been either individually or as part of a district, locally designated or listed on the National Register of Historic Places, that should be preserved because of their historic significance, the Jacksonville Historic Preservation Commission may grant a mothballing certificate of appropriateness to the property owner. During the effective period of the approved mothballing certificate of appropriateness, the Chief of the Municipal Code Compliance Division shall stay enforcement of Chapter 518 against the structure, except as otherwise stated herein, including where property conditions deteriorate further or warrant emergency action.

(c)

The three highest priorities for the mothballing program are:

(1)

To weatherize and ventilate the historic structure(s) to stop the damaging effects of moisture;

(2)

To stabilize and maintain the historic structure(s) to prevent structural failure and further deterioration; and

(3)

To secure the historic structure(s) to protect against vandalism and unauthorized entry.

(Ord. 2011-408-E, § 2)

Sec. 307.303. - General Mothballing Procedures.

(a)

Application and Required Documents. A certificate of appropriateness application for mothballing shall be completed and submitted with the required documents to the Historic Preservation Section of the Planning and Development Department, pursuant to Section 307.106. The application shall be reviewed for completeness and forwarded to the Commission for review. Such a review will not negate the ability of staff to process related certificate of appropriateness applications not pertaining to mothballing that meet the Design Regulations and can be processed administratively or be separately sent to the Commission. As part of the required information to process a mothball application, the property owner shall submit the current telephone numbers and addresses of all persons who will be responsible for any maintenance of the structure and property and shall provide authorization and consent from the property owner to allow unannounced periodic exterior inspections of the property by Planning and Development Department and/or Municipal Code Compliance Division inspectors during the mothball period.

(b)

Notification Requirements. In addition to the notice requirements as outlined in Chapter 307.106, the Chief of the Municipal Code Compliance Division shall also be notified of the public hearing.

(c)

Completion Period. The owner or his designee shall have 90 days from the effective date of the Final Order to complete the required mothballing specifications approved and conditioned under the application, unless the nature of the work is so extensive to make this time period unworkable. In such instance, the Commission may grant a longer period, however, in no instance shall this time period exceed six months.

(d)

Inspection for Mothball Compliance. The owner shall contact the historic preservation code inspector and Municipal Code Compliance inspector, if the mothball certificate of appropriateness contains conditions related to correction of structural stabilization issues, to jointly conduct an inspection to ensure all the requirements of the mothballing certificate of appropriateness have been fulfilled.

(e)

Compliance. If the work is complete and in compliance with the mothball certificate of appropriateness, the historic preservation inspector shall issue a written notification of compliance to the property owner with copies for the Planning and Development Department to place in the certificate of appropriateness file and for the Municipal Code Compliance Division to place in their files.

(f)

Non-compliance. If the owner has not complied with the requirement of the certificate of appropriateness, the Planning and Development Department shall issue a letter of non-compliance to the owner outlining the deficient area(s). The building owner will have 30 days from the date of the letter within which to take corrective action(s) and request another compliance inspection. The owner may be subject to other enforcement proceedings if either the Planning and Development Department or Municipal Code Compliance Division finds the structure is in non-compliance during the follow-up compliance inspection.

(g)

Yearly Report. The owner of a mothballed property shall provide a yearly report to the Planning and Development Department including a log of the required building monitoring, describing any changes to the condition of the building, documenting all repairs and maintenance performed, documenting any additional rehabilitation measures completed, stating any progress in securing funding for the overall rehabilitation of the building, and outlining all efforts to market the property during the mothballing period.

(h)

Effective period of certificates of appropriateness and extensions. The certificate of appropriateness is effective for three years or until such time as the property owner begins renovation activities. Additional three-year extensions of the mothballing status can be requested through the filing and approval of a new certificate of appropriateness application for mothballing pursuant to Section 307.106(v).

(i)

These procedures are supplemental to any necessary certificates of appropriateness or building permits otherwise required by the City, based on the nature of work being performed.

(Ord. 2011-408-E, § 2)

Sec. 307.304. - Inventory of Mothballed Buildings.

(a)

As part of the required information to process a mothball application, the property owners will submit the current telephone numbers and addresses of all persons who will be responsible for any maintenance of the structure and property. It is the sole responsibility of the property owner to update this information with the Department when needed.

(b)

The Planning and Development Department shall maintain an inventory of all approved mothballed buildings.

(Ord. 2011-408-E, § 2)

Sec. 307.305. - Mothballing Rulemaking Authority.

Under Section 76.103(a)(18), the Commission has the power to adopt rules to administer the requirements of this Chapter. As such, the Commission shall develop rules to provide technical requirements and/or recommendations to appropriately mothball a structure. The Chief of the Municipal Code Compliance Division shall be specifically notified of the proposed rules or amendments and invited to participate. Such rules, by way of example and not intended to serve as a limitation, may provide for the following:

(a)

Methods for insuring the structural stability of the building (e.g. masonry repair, rot repair, interior bracing);

(b)

Methods for insuring that the structure is watertight and not subject to deterioration from the elements (e.g. rolled roofing, window repair, siding repair);

(c)

Methods for insuring that the structure is secured against unauthorized access (e.g. doors, windows, sub-floor);

(d)

Methods to insure the mothballed structure will not create a blighting condition on its surrounding neighborhood (e.g. landscaping, painting, leaving glassed windows unboarded, solar motion-detection security lighting);

(e)

Methods to insure that historic features, characteristics and fabric will be preserved (e.g. encasement of historic features);

(f)

Monitoring and routine repair requirements during the mothballed period;

(Ord. 2011-408-E, § 2)

Sec. 307.306. - Additional Mothballing Measures.

At the end of the initial three-year mothballing certificate of appropriateness term, the renewal(s) of the mothballing certificate of appropriateness authorized in Sections 307.106(v) and 307.303 shall be contingent upon the owner satisfying one or more additional rehabilitation measures per year. Examples of such efforts would include such work items as replacing temporary roofing materials with an approved appropriate product, wholesale window restoration, wholesale rewiring the structure, replacing all of the plumbing, installing a new HVAC system and duct work, refinishing all of the hardwood floors, etc. The cost of the rehabilitation measures should provide a minimum of a $2,500 investment and the nature of the work should go beyond the basic maintenance issues addressed as part of the mothballing program and contribute to and further the overall effort to rehabilitate the structure or market the property for sale.

(Ord. 2011-408-E, § 2)

Sec. 307.307. - Enforcement.

It shall be the responsibility of the Planning and Development Department to enforce the provisions of Part 3.

(Ord. 2011-408-E, § 2)

Sec. 261.202. - Requirement for compliance; effective dates. TITLE VIII - CONSTRUCTION REGULATIONS AND BUILDING CODES