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)