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.