Chapter 76 - JACKSONVILLE HISTORIC PRESERVATION COMMISSION

Sec. 73.102. - Powers and duties. Chapter 77 - KIDS HOPE ALLIANCE Chapter 76 - JACKSONVILLE HISTORIC PRESERVATION COMMISSION[1]

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Editor's note— Section 1 of Ord. 90-706-486 repealed former Chapter 76, §§ 76.101—76.103, and § 2 of said ordinance enacted, in lieu thereof, a new Chapter 76, §§ 76.101—76.106, as herein set forth. The repealed provisions pertained to the Historic Landmarks Commission of Jacksonville and derived from § 1 of Ord. 70-1287-600; § 1 of Ord. 74-1271-560; §§ 1 and 2 of Ord. 77-1179-600; § 1 of Ord. 83-591-400; § 2 of Ord. 88-1485-721; and § 1 of Ord. 90-783-421.

Cross reference— Conservation and historic preservation, tit. VII; historic overlay zone, Tit. XVII, Part 3, Subpart I; tax exemption for rehabilitation of historic landmarks and properties in historic districts, Ch. 780.

State Law reference— Florida Historical Resources Act, F.S. Ch. 267.

State rule reference—Archaeological research, F.A.C. Ch. 1A-32.

Sec. 76.101. - Established.

There is hereby established a Jacksonville Historic Preservation Commission (hereinafter referred to as the Commission) in order to carry forward the purposes of the National Historic Preservation Act, as amended in 1980 (Pub. Law 96-515); and such other purposes as may be created by ordinance or law. The Commission established hereunder shall be subject to the provisions of Chapter 50, Ordinance Code, applicable to boards and commissions except as may be otherwise set forth in this Chapter.

(Ord. 90-706-486, § 2)

Sec. 76.102. - Membership.

(a)

The Commission shall consist of seven members. Of the first members appointed, two shall be appointed for one year, two shall be appointed for two years and three shall be appointed for three years, but thereafter all appointments shall be for three years or until their successors are appointed and qualified. No Commission member shall serve more than two consecutive terms. Each member of the Commission shall be a resident of the City of Jacksonville during his entire term. A member of the Commission may be removed during his term by the Mayor, with the approval of the City Council.

(b)

To meet the requirements of the Certified Local Government Program, as provided in the National Historic Preservation Act, as amended in 1980 (Pub. Law 96-515), and to carry out its responsibilities under this Chapter, the membership of the Commission shall include, to the extent available, three persons who are educated or practice in one of the disciplines of architecture, history, architectural history, planning, archaeology or related disciplines. Whenever an individual is nominated to the Commission, the Mayor and the City Council shall consider the professional qualifications of the individual to ensure that the requirements of the Certified Local Government Program are met. Members of the Commission shall be appointed by the Mayor, subject to confirmation by the City Council. When a vacancy occurs on the Commission, it shall be filled within 60 days.

(Ord. 90-783-421, § 1; Ord. 90-706-486, § 2)

Sec. 76.103. - Powers and duties.

(a)

The Commission shall have the following powers and duties, which shall be complementary to and carried out in accordance with the responsibilities of the State Historic Preservation Officer as described in 36 C.F.R. 61.4(b):

(1)

To conduct an ongoing survey and inventory of historic buildings, areas, and archaeological sites in the City of Jacksonville, which shall be compatible with the Florida Master Site File, and to plan for their preservation;

(2)

To identify potential landmarks and potential landmark sites and to make recommendations to the City Council as to whether those potential landmarks, and landmark sites should be officially designated as landmarks and landmark sites;

(3)

To recommend that the City Council designate specified areas as historic districts and to identify which structures should be considered to be contributing structures;

(4)

To maintain and update a detailed inventory of the designated historic districts, landmarks, and landmark sites within the City of Jacksonville and a detailed inventory of potential landmarks and landmark sites, which inventories shall be open to the public for review;

(5)

To develop specific guidelines for the alteration, construction, relocation or removal of designated property;

(6)

To promulgate standards for architectural review which are consistent with standards for rehabilitation which have been or may be established from time to time by the United States Secretary of the Interior;

(7)

To approve or deny applications for certificate of appropriateness for alteration, construction, demolition, relocation or removal of landmarks, landmark sites, and property in historic districts;

(8)

To work with and advise the federal and State governments and other departments or commissions of City government;

(9)

To advise and assist property owners and other persons and groups including neighborhood organizations on physical and financial aspects of preservation, renovation, rehabilitation, and reuse and to advise and assist property owners in becoming eligible for federal and State tax incentives;

(10)

To cooperate with and enlist the assistance of persons, organizations, corporations, foundations, and public agencies in matters involving historic preservation, renovation, rehabilitation and reuse;

(11)

To initiate plans for the preservation and rehabilitation of individual historic buildings;

(12)

To undertake public information programs including the preparation of publications and the placing of historic markers;

(13)

To make recommendations to the City Council concerning the acquisition of or acceptance of development rights, facade easements, the imposition of other restrictions and the negotiation of historical property contracts for the purposes of historic preservation;

(14)

To review buildings which are owned by the City and which are at least 50 years old and considered for surplus by the City to determine their historical or architectural significance prior to sale by the City and to make recommendations concerning the disposition of properties considered to have historical or architectural significance;

(15)

To review capital improvement projects of the City and its independent agencies, or their agents or contractors, costing in excess of $1,000 in an historic district or affecting a designated landmark or landmark site;

(16)

To conduct public hearings to consider historic preservation issues, the designation of landmarks, landmark sites, and historic districts, applications for certificate of appropriateness and nominations to the National Register of Historic Places;

(17)

To make written requests to the Chief Administrative Officer of the City for disbursements from the Jacksonville Historic Preservation Commission Trust Fund;

(18)

To make such rules and regulations as it deems necessary for the administration of ordinances for which it is responsible;

(19)

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Chapter; and

(20)

To administer Chapter 307, Ordinance Code.

(b)

Any proposed rules and any amendments to the rules adopted under this Section shall be referred by the Planning and Development Department, Historic Preservation Section staff to the Commission for consideration. At its next regularly scheduled meeting following the Commission's receipt of the proposed rules or amendments to the rules, the Commission may appoint a subcommittee of the Commission to consider the proposals. The Commission or subcommittee may request interested persons with knowledge of the subject matter to advise it concerning the proposed rules or rule amendments. The subcommittee, if applicable, shall report to the full Commission its recommendations concerning the proposed rules or rule amendments.

(c)

The Director shall cause to be published, in a newspaper of general circulation within the City and in all places where notices of public meetings are customarily placed by the Department, a notice of proposed rule-making before conducting public hearings or meetings on the proposed rules or amendments to the rules. The notice shall include the following information:

(1)

The date, time, place, and subject of the public rule-making hearing;

(2)

The requirements, if any, for interested parties to notify the Director of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice; and

(3)

A statement that the complete text of the proposed rules or amendments is on file with and may be examined at the Planning and Development Department, Historic Preservation Section.

(d)

The Commission or subcommittee may make changes in the text of the proposed rule or proposed amendment prior to, during, or as a result of the public hearing.

(e)

Any person who wishes to comment on proposed rules may do so in writing delivered to the Commission or subcommittee chairperson prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. If minutes are not prepared, the proceedings at the hearing will be preserved on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(f)

If applicable, the rules or rule amendments shall be presented at the next regularly scheduled meeting of the full Commission after the conclusion of the subcommittee's consideration. The Commission shall vote whether to adopt, modify, remand the proposed rule or amendment to the subcommittee, if applicable, for further consideration, or deny. The adopted rule or amendment shall become effective upon dating and signing of the rule or amendment by the Commission's chair and the approval of the rule or amendment for legality by the Office of General Counsel.

(g)

Within seven business days after adoption of the rules or rule amendments, the Department shall file a copy of the rules or rule amendments, as finally adopted, with the Legislative Services Department and the Office of General Counsel and shall cause to be published a notice of their adoption in an official publication of the City. The notice shall also include a statement that the rules or rule amendments are on file with the Planning and Development Department, Historic Preservation Section and available for public inspection and copying.

(h)

Any judicial or quasi-judicial action to contest the validity of the procedure in adopting or substance of any rules and amendments may not commence more than 120 days after the adoption of the rule or rule amendment.

(Ord. 90-706-486, § 2; Ord. 94-337-183, § 1; Ord. 2011-408-E, § 1)

Sec. 76.104. - Review authority—National Register of Historic Places; procedures.

With respect to the National Register of Historic Places, the Commission shall have the following authority:

(a)

The Commission shall review all nominations of local property to the National Register of Historic Places pursuant to the regulations established by the State Historic Preservation Officer. The Commission shall request the Mayor or his designee and the President of the City Council to render written opinions as to whether each property should be nominated to the National Register. Following the notice and hearing requirements of Chapter 307, Ordinance Code, and after notifying the applicant and property owner 30 days prior to the public hearing, the Commission shall review the nomination. The Commission may seek expert advice while reviewing the nomination. The Commission shall forward to the State Historic Preservation Officer its recommendation on the nomination and the recommendations of the local officials.

(b)

If a property owner objects to the nomination of his property to the National Register, he shall submit a notarized written statement at any time prior to consideration of the nomination by the Commission. The Commission may then either continue its review, forwarding its recommendation to the State Historic Preservation Officer and note the property owner's objection or, it may cease any further review process and notify the State Historic Preservation Officer of the property owner's objection to the proposed listing.

(c)

In the development of the Certified Local Government Program, as provided in the National Historic Preservation Act, as amended in 1980 (Pub. Law 96-515), the City Council may ask the Commission to perform such other responsibilities as may be delegated to the City from time to time pursuant to the National Historic Preservation Act.

(Ord. 90-706-486, § 2; Ord. 93-337-183, § 2)

Sec. 76.105. - Public hearings and records.

The Commission shall promulgate appropriate rules providing for the establishment and maintenance of a record of all Commission meetings and public hearings. A verbatim transcript of the record is not required but the Commission shall establish the record in sufficient degree to disclose the factual basis for its determinations and recommendations. The Commission shall prepare and maintain for public inspection a written annual report of its historic preservation activities, cases, decisions and qualifications of members.

(Ord. 90-706-486, § 2; Ord. 94-337-183, § 3)

Sec. 76.106. - Organization.

(a)

The Commission shall annually elect a chairman, one or more vice chairmen as provided in its rules and a secretary from among its members. The officers shall have such duties and responsibilities as are assigned to them by the rules of the Commission.

(b)

The Commission may establish such committees from among its membership as it deems necessary to carry out its functions. The Commission may also, from time to time, authorize the establishment of task forces to carry out specialized and detailed projects within the scope of its purposes; a task force may include persons who are not members of the Commission.

(c)

The Planning and Development Department shall furnish the Commission with all necessary administrative support, including fiscal support. The Commission shall be independent of the Planning and Development Department in the performance of its duties and functions.

(Ord. 90-706-486, § 2; Ord. 93-337-183, § 4)

Sec. 73.102. - Powers and duties. Chapter 77 - KIDS HOPE ALLIANCE