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)