Title 12174 · Code of Ordinances
Sec. 320.407. - Demolition.
Citation: Jacksonville, FL Code of Ordinances § 320.407.
Section: 320.407.
(a) An application for a building permit for the work of demolition of a building or structure, if the building or structure is over 15 feet in extreme height above grade, or a wall which is over 40 feet in horizontal length, shall be accepted only from qualified persons or firms as established by law. Upon request from the Building Official, a written demolition plan shall be submitted for review. (b) Demolition of any building or structure in the Consolidated City of Jacksonville, excluding the Second, Third, Fourth and Fifth Urban Services Districts, individually listed on the National Register of Historic Places, determined to be eligible for individual listing on the National Register of Historic Places ("deemed eligible"), subject to the notice requirements contained herein, or which is a contributing structure within a historic district listed on the National Register of Historic Places shall be reviewed by the Jacksonville Historic Preservation Commission before a permit is issued, pursuant to this subsection (b). (1) An application for demolition permit for properties defined in subsection (b) shall include the reason for demolition, documentation of any effort that has been made to save the structure, and a copy of the most recent Property Appraiser card. (2) Within 60 calendar days, the Historic Preservation Commission shall issue a final decision on the subject of demolition. If the Commission votes to deny the demolition permit application, at the next meeting after it considered the demolition request, so long as the next meeting is no less than 21 days following, (unless the Applicant has requested a continuance or deferral), it shall also issue an advisory recommendation to the City Council on the structure's landmark status utilizing the criteria and procedures in 307.104 . The Historic Preservation Commission shall call a special meeting to meet the 60-calendar day deadline, if necessary. If the Historic Preservation Commission fails to meet this deadline, the demolition permit application shall be considered granted. If the Historic Preservation Commission elects to grant the demolition permit application, such decision shall constitute the final action by the City, and the Commission shall not consider landmarking status for the structure. (3) The property owner may appeal the decision of the Historic Preservation Commission concerning demolition applications to the City Council. Such appeal shall be filed within 14 calendar days from the date of the Commission meeting. Notice of the appeal shall be provided to the applicant and all parties who spoke at the Commission meeting. The General Counsel's office shall prepare legislation concerning the appeal for introduction at the next City Council meeting, which may be considered by both the LUZ Committee and then the Council on an emergency basis. (4) For positive recommendations of landmark status by the Commission, the LUZ Committee and City Council shall review all recommendations at their respective next regularly scheduled meetings, with notice to all parties. If either the Commission or the Council denies the landmark status, the demolition permit shall automatically issue. (5) Owners of property currently listed as eligible and still qualify for individual listing shall receive written notice explaining the ramifications of this status, including the additional review requirements before demolition and potential benefits, if the property is ultimately designated as a landmark (tax credits, etc.). The notice letter shall be prepared by the Historic Preservation Section of the Planning and Development Department and signed by the Planning and Development Department Director. The original form of the notice letter is subject to the review and approval of the Council President. Property owners may appeal their "eligible for individual listing" status by filing a written objection with the Commission within 45 days of the date they received the above notification. The Commission shall determine whether the property shall remain on the "eligible" list within 90 days of receipt of the written objection. If the Commission determines that the property should be removed from the eligible list, the Commission shall issue a written final order effective on the day of the decision directing the Planning and Development Department to remove the property from the list immediately. In the event the Commission determines the property is of such significance as to remain on the eligibility list, the Commission shall, within 90 calendar days of such determination, make a decision concerning the structure's eligibility for landmark status, pursuant to the procedures and criteria contained in Chapter 307 , Ordinance Code. At the conclusion of all notice and appeals processes, the Historic Preservation Section shall notify the Real Estate Division of the eligible property and the Real Estate Division shall record a notice of the eligible property's listing in the public records of Duval County in a form acceptable to the Real Estate Division and the Office of General Counsel. (6) Owners of property on any future list of eligible properties shall receive written notice explaining "eligible for individual listing" status, including the additional review requirements before demolition and potential benefits, if the property is ultimately designated as a landmark (tax credits, etc.). The notice letter shall be prepared by the Historic Preservation Section of the Planning and Development Department and signed by the Planning and Development Department Director. The original form of the notice letter is subject to the review and approval of the Council President. Property owners may appeal their "eligible for individual listing" status by filing a written objection with the Commission within 45 days of the date they received the above notification. The Commission shall determine whether the property shall remain on the "eligible" list within 90 days of receipt of the written objection. If the Commission determines that the property should be removed from the eligible list, the Commission shall issue a written final order effective on the day of the Commission decision directing the Planning and Development Department to remove the property from the list immediately. In the event the Commission determines the property is of such significance as to remain on the eligibility list, the Commission shall, within 90 calendar days of such determination, make a decision concerning the structure's eligibility for landmark status, pursuant to the procedures and criteria contained in Chapter 307 , Ordinance Code. At the conclusion of all notice and appeals processes, the Historic Preservation Section shall notify the Real Estate Division of the eligible property and the Real Estate Division shall record a notice of the eligible property's listing in the public records of Duval County in a form acceptable to the Real Estate Division and the Office of General Counsel. (7) For properties defined in subsection (b) above other than those deemed eligible, the Historic Preservation Commission may make a non-binding advisory opinion as to the appropriateness of demolition within 45 calendar days of the permit application, and may exercise any other authority pursuant to Chapter 307 , Ordinance Code. Demolition of contributing structures within a historic district designated pursuant to Chapter 307 , Ordinance Code, shall not be commenced until the requirements of Chapter 307 , Ordinance Code, have been met. (c) Before a demolition permit is issued, the owner or demolition contractor must supply a certified letter to the Building Inspection Division that the property will be well graded, drained, grassed and maintained within seven days after the structure is removed. If a written demolition plan has been submitted to the Building Official, no demolition permit shall be issued until the Building Official has reviewed and approved the plan. (Ord. 2001-1160-E, § 1; Ord. 2002-511-E, § 1; Ord. 2005-1115-E, § 1; Ord. 2013-555-E, § 1)