HISTORIC ARCHITECTURAL REVIEW BOARD: St,. Augustine City Code, Sections 28-81 to 29-91

DIVISION 3. *

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*Cross references: Boards, commissions, etc., § 2-191 et seq.

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Sec. 28-81. Created; membership.
There is hereby created an historic architectural review board consisting of five (5) members to be appointed by the city commission from applications submitted on forms as from time to time promulgated by the city manager and approved by the city commission. Each member shall have either thorough training or experience demonstrating competence in the field of historic preservation. Qualifications shall include training or experience in architecture, history, architectural history, art history, planning, archeology, or related disciplines to the extent that such professionals are available in the community. Board membership shall also include other persons who have demonstrated special interest, experience or knowledge in history, architecture or related disciplines. Two (2) members of the board as established herein shall be appointed for a term of one (1) year; two (2) for a term of two (2) years; and one (1) for a term of three (3) years. Thereafter all members shall be appointed for three-year terms except those appointed to fill vacancies for unexpired terms, in which case the appointment shall be for the unexpired term only.
(Code 1964, § 33-183)

Sec. 28-82. Minimum qualifications criteria.
As utilized herein the following fields of experience shall have the minimum qualifications set forth. In addition to the following qualifications, one (1) seat on the board shall be designated for a licensed, professional architect.
(1) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one (1) of the following:
a. At least two (2) years of fulltime experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historic organization or agency, museum or other professional institution.
b. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.
(2) Archaeology. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology or closely related field plus:
a. At least one (1) year of fulltime professional experience or equivalent specialized training in archaeological research, administration or management.
b. At least four (4) months of supervised field and analytic experience in general North American archaeology.
c. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one (1) year of fulltime professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one (1) year of fulltime professional experience at a supervisory level in the study of archaeological resources of the historic period.
(3) Architectural history. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, historic preservation or closely related field plus one (1) of the following:
a. At least two (2) years of fulltime experience in research, writing or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution.
b. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.
(4) Historic architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or state license to practice architecture, plus one (1) of the following:
a. At least one (1) year of graduate study in architectural preservation, American architectural history, preservation planning or closely related field.
b. At least one (1) year of fulltime professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.
(5) Art history. The minimum professional qualifications in architectural history are a graduate degree in art history or closely related field, with course work in art history; or a bachelor's degree in art history or a closely related field plus one (1) of the following:
a. At least two (2) years of fulltime experience in research, writing or teaching in art history with an academic institution, historical organization or agency, museum, or other professional institution.
b. Substantial contribution through research and publication to the body of scholarly knowledge in the field of art history.
(6) [Appointment.] Persons who have demonstrated special interest, experience or knowledge in history, architecture or related disciplines who do not have a professional degree in any of the fields set forth in this section may be appointed by the city commission when persons with such degrees are not available for appointment, or when such appointment is determined to be in the best interest of the city.
(Code 1964, § 33-183.5; Ord. No. 00-17, § 1, 6-12-00; Ord. No. 05-15, § 1, 6-13-05)

Sec. 28-83. Residence; tenure.
All members of the historic architectural review board shall hold no government office nor receive any salary or compensation for their services to the board herein created. While preference shall be given to current city residents, the city commission may appoint a non-resident upon a finding that such non-resident is uniquely qualified. No member shall be appointed for more than two (2) consecutive full terms.
(Code 1964, § 33-184; Ord. No. 96-66, § 1, 12-9-96; Ord. No. 03-14, § 2, 4-14-03; Ord. No. 05-15, § 2, 6-13-05)

Sec. 28-84. Transfer of records.
All records of the historic architectural review board created by former section 33-183 of the Code of the City of St. Augustine are hereby transferred to the historic architectural review board created by this division. All applications pending before the historic architectural review board created by former section 33-183 shall be heard and considered by the historic architectural review board herein created.
(Code 1964, § 33-185)

Sec. 28-85. Attendance at meetings.
Any member of the historic architectural review board who fails to attend two (2) of three (3) consecutive meetings without approval of the chairman shall be considered to have resigned the position, and the vacancy shall be filled by the city commission as any other vacancy.
(Code 1964, § 33-186)

Sec. 28-86. Number of meetings; rules.
The members of the historic architectural review board herein created shall meet once a month or upon call of the chairman. The board shall annually elect one (1) of its members as chairman and one (1) as vice-chairman, who shall serve only two (2) consecutive terms. It shall be the duty of the chairman to preside over all meetings of the board. In the absence of the chairman, the vice- chairman shall preside. Three (3) members of the board shall constitute a quorum for the purposes of meetings and transacting business. No recommendations or formal action of the board shall be taken without a majority vote of those voting and without the concurrence of at least two (2) members. Failure to receive a majority vote of those voting and at least two (2) affirmative votes shall act as a denial by the board. Members of the historic architectural review board shall be mindful that they are acting as a quasijudicial board and shall, therefore, act and dress in their meetings with all appropriate decorum.
(Code 1964, § 33-187)

Sec. 28-87. Responsibilities.
The members of the historical architectural review board herein created shall have the following responsibilities:
(1) Review petitions for certificates of appropriateness required within the historic preservation districts (HP-1 thru HP-5) under article III, division 3 of this chapter. Additionally, the board shall review all applications for building permits on property abutting or immediately facing the HP-1, HP-2 and HP-3 historical districts to ensure reasonable compatibility of the facades of such buildings visible from within such districts with the authentic restoration or preservation of the districts, and where found to be reasonably compatible, issue a certificate of appropriateness.
(2) Participate in the adoption of existing codes, ordinances, procedures and programs to reflect policies and goals designed to conserve historic districts.
(3) The review of all applications for demolition permits for structures that are fifty (50) years old or older, which are listed on the Florida Master Site File maintained by the State of Florida Division of Historic Resources, or which have been designated as an historical landmark. Also, review all applications for demolition permits for primary structures within historic preservation zoning districts and National Register districts for potential designation as an historic landmark.
(4) Cooperate with the agencies of city, county, regional, state and federal governments in planning proposed and future projects to reflect the concerns and policies expressed in this chapter; assist, as a consultant, in the development of proposed and future land use plans.
(5) Advise property owners and local governmental agencies concerning the property protection, maintenance, enhancement and preservation of resources designated under this chapter.
(6) Advise the city commission concerning the effects of local governmental actions on resources designated or that appear to qualify for designation under this chapter.
(7) Conduct regular public meetings and call special meetings.
(8) Recommend to the planning director the issuance of a stop work order when it appears that there has not been compliance with the requirements of section 28-90(a).
(9) Develop rules and procedures necessary to implement its powers and duties consistent with the provisions of this chapter.
(10) Designate historical landmarks. As utilized herein the term "historical landmark" shall mean a building, object, site, or structure of the highest historical, architectural, cultural, or archaeological importance and whose demolition, removal, relocation, or alteration would constitute an irreplaceable loss to the character and quality of the city. In the event the historic architectural review board desires not to issue a demolition permit for a structure that is not fifty (50) years old, or older, the historic architectural review board shall initiate proceedings for designation of the structure as an historic landmark. In the designation of an historical landmark, the historic architectural review board shall evaluate the subject property using criteria and standards established by the National Register of Historical Places substituting the importance of the resource to the city and state rather than the nation as a whole. No property shall be designated as an historic landmark without first providing the owner of the proposed historic landmark with notice and an opportunity to be heard in the same manner as that provided for a rezoning of property. Any determination of the historic architectural review board shall be subject to appeal by any affected person to the city commission without any fee being charged or levied.
(11) Issue certificates of appropriateness for newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines. The historic architectural review board is authorized to issue certificates of authority for newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines and to prepare and issue guidelines for the placement of such machines, conformity of design, size and color, which guidelines shall be submitted to the city commission for its approval prior to taking effect. Initial guidelines shall be prepared by the historic architectural review board and submitted to the city commission for approval no later than ninety (90) days after the passage of this ordinance. The guidelines shall not unreasonably restrict the placement of newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines on city rights-of-way but shall provide standards for uniform design and color and shall contain reasonable restriction on the numbers of such machines which may be placed by any one vender within a city block and a reasonable restriction on the location of such machines so that newspapers and advertising papers, brochures or magazines shall generally be available but shall not unduly or unreasonably impact upon the historical perspective and view of the streetscape.
(Code 1964, § 33-188; Ord. No. 90-11, §§ 1, 2, 7-9-90; Ord. No. 94-14, § 2, 1-9-94; Ord. No. 03-17, § 6, 6-23-03; Ord. No. 04-08, 5-24-04)

Sec. 28-88. Procedures.
The historic architectural review board shall follow the following procedures:
(1) The board shall adopt rules prescribing the procedure for making and reviewing applications for a certificate of appropriateness or request for opinion of appropriateness.
(2) Applications for a certificate of appropriateness or request for opinion of appropriateness shall be initiated with the building official or planning director.
(3) Unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider any application for a certificate of appropriateness or request for opinion of appropriateness within not more than thirty (30) days from the date of filing of the completed application. Notice of public hearing shall be made as provided. Notice of any public hearing shall be published once in a newspaper of general circulation not less than ten (10) days in advance of the date of such hearing. Such published notice shall be in a form prescribed by the board and/or city commission, as appropriate, and written and published by the planning and building division. Proof of publication shall be on file with the planning and building division. Procedures described herein shall also apply to public hearings conducted by the city commission.
(4) A motion to deny an application for certificate of appropriateness or request for an opinion of appropriateness shall contain the reasons for denial, which shall then be endorsed on the application and a copy of such reasons provided to the applicant.

(5) The certificate of appropriateness shall describe the project for which issued and the type of work to be done. The board may require certain terms or conditions as a prerequisite for the approval of a certificate of appropriateness, which shall be clearly stated thereon.
(Code 1964, § 33-189; Ord. No. 90-11, § 5, 7-9-90; Ord. No. 94-01, § 5, 1-24-94)

Sec. 28-89. Criteria for certificate of appropriateness or demolition review.
The criteria for certificate of appropriateness review shall be as follows:
(1) In reviewing an application for a certificate of appropriateness, the board and/or building official and/or planning director shall consider the design and appearance of the structure, including the interior visible from the outside, front, sides, rear and roof; materials, textures and colors; plat plan or site layout, including features such as walls, walks, terraces, plantings, accessory structures, signs, lights, awnings, canopies, and other appurtenances. The decision to issue or not to issue the certificate shall be based on the conformance of the proposed work to the Architectural Guidelines for Historical Preservation of the City of St. Augustine as from time to time promulgated by the historic architectural review board or the city commission and approved by resolution of the city commission, hereinafter referred to as 'AGHP,' and Albert Manucy's Houses of St. Augustine - 1565-1821. When reviewing a certificate of relocation of a structure, consideration will be given to the immediate surroundings and to the district or districts in which it is located or to be located. The board shall not exercise any control over land use, such as governed by this chapter, or over construction, such as is governed by the building code, unless such control is within the intent and scope of this chapter.
(2) Before approving the plans for any proposed structure or signs located or to be located in a district, the board shall find:
a. In the case of a proposed alteration or addition to an existing structure, that such alteration or addition will not materially impair the architectural or historic value of the structure.
b. In the case of a proposed new structure, that such structure will not, in itself or by reason of its location on the site, materially impair the architectural or historic value of a structure on adjacent sites or in the immediate vicinity.

c. In the case of a proposed new structure, that such structure will not be injurious to the general visual character of the district or districts in which it is to be located.

d. In the case of the proposed demolition of an existing structure, that the removal of such structure will not be detrimental to the historic and architectural character of the city or that, balancing the interest of the city in preserving the integrity of the city and interest of the owner of the property, approval of the plans for demolition in the latter event the board may issue an order to postponing demolition for a period of not to exceed twelve (12) months after which the owner must reapply. The board may issue a second postponement with the total postponement period not to exceed two (2) twelve (12) month periods. If the board concludes that the demolition should be postponed, it shall, before issuing any final order with respect to such postponement, afford the applicant an opportunity to appear before the board to offer any evidence he may desire to present concerning the proposed order. Within the period of postponement, the board shall ascertain what the city or other agency or organization may do to preserve such structure and shall make recommendations to that effect to the city commission or otherwise cause the structure to be preserved. This section shall not apply to any permit for demolition which has been applied for, in proper form, prior to the effective date of this section. If the building or structure is of exceptional significance, is a contributing property to a National Register of Historic Places District or has been individually listed on the National Register of Historic Places, the board can deny the demolition if the board finds the removal of such building or structure will be detrimental to the historic and architectural character of the city and the applicant has not proven the denial will cause an undue economic hardship. The destruction of colonial buildings listed on the Florida Master Site File, designated Local Landmarks, or buildings meeting the criteria for eligibility on the National Register of Historic Places must be approved by the city commission.
Additional application requirements:
1. The owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the board or preservation officer.
2. Signs required. The planning and building department shall cause a sign or signs to be posted on any land upon which an application with respect to relocation or demolition has been made not less than seven (7) days in advance of the date of the public hearing at which such application is to be considered. Such sign shall show the date of construction of the existing building and be erected in full view of the public on each street side of such land. Where such land does not have frontage on a public street, such signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land concerning which a public hearing is scheduled. Such sign shall be posted in full view of the public and shall be maintained by the applicant until final determination has been made by the board or city commission.
3. Mailed notices. Not less than ten (10) days in advance of the date of the required public hearing(s) at which an application for a certificate of demolition is to be considered, the time and place of the public hearing shall be posted by United States mail by the applicant to all owners of real property within one hundred fifty (150) feet of the boundaries of the land upon which the application is made. For the purpose of notice requirements to adjoining owners within one hundred fifty (150) feet, the names and addresses shall include information obtained from the St. Johns County Property Appraiser records within ninety (90) days prior to the application date. Such list prepared for any required public hearing with the historic architectural review board, if appealed, shall also be used for a required public hearing with the city commission. A record of the date on which the list was compiled shall be provided to and maintained by the planning and building department.
4. Applications for a certificate of demolition shall be presented to the historic architectural review board by the property owner.
5. As a condition of issuing a certificate of demolition, the board may require the replacement design be approved by the board and that no permit be issued for the demolition of said structure until drawings sufficient for a building permit and all necessary requirements for the construction of a new building have been submitted for the new construction.
6. As a condition of issuing a certificate of demolition, the board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings.
7. If an owner/applicant fails to appear for three historic architectural review board meetings, the application may be considered as withdrawn.
8. Fees. The application fees for a certificate of demolition shall be one hundred dollars ($100.00) for part of a building or structure and three hundred dollars ($300.00) for an entire building or structure.
e. In the case of any proposed new or altered sign, that the sign will not materially impair the architectural or historic value of any structure to which it is attached, nor any adjacent structure, and that such sign is consistent with the architecture of the building and the historical character of the area.
f. The board shall not have the authority to consider interior arrangements.
(3) Applications for certificate of demolition of a building or structure that is of exceptional significance, has been a contributing property to a National Register of Historic Places District or has been individually listed on the National Register of Historic Places shall require the following with the burden of proof to be on the applicant. The board may also require the following of structures considered to be contributing to the historical character of the city:
a. A report from an architect or structural engineer licensed in the State of Florida with demonstrated experience in restoration, rehabilitation or renovation as to the structural soundness of the building and its adaptability for continued use.
b. Proof of unreasonable or undue economic hardship. 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 board any or all of the following information before the board makes a decision on the application for certificate of demolition:
1. An estimate of the cost of the proposed construction, alteration, demolition, or removal;
2. 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;
3. 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;
4. The annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
5. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;
6. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;
7. Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two (2) years;
8. The assessed value of the property according to the two (2) most recent assessments;
9. The real estate taxes for the previous two (2) years;
10. The form of ownership or operation of the property, whether an individual, sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other;
11. Any other information considered necessary by the board to a determination as to whether the property does yield or may yield a reasonable return to the property owner. The board may require that the property owner furnish such additional information as the board believes is relevant to the board's determination of any alleged undue economic hardship. No decision of the board shall result in undue economic hardship for the property owner. In any case where undue economic hardship is claimed, the board shall make two (2) specific findings. First, the board shall determine if the owner would be entitled to a certificate of demolition without consideration of undue economic hardship. Second, the board shall determine whether the owner demonstrated an undue economic hardship.
(4) The building official and/or planning director may, based upon the AGHP and consistent with this article, make the decision to issue or not to issue the certificate for the following work:
a. Placement of utility service.
b. Repainting with the same color if previously approved for painting with a color selected from the AGHP guidelines.
c. Structural maintenance and repair utilizing the same materials and architectural character.
d. Any structural maintenance, repair or remodeling which does not exceed two hundred fifty dollars ($250.00).
e. Exterior construction or equipment not visible.
f. All signs and graphics.
g. Landscape features, including fences, walls, walks, patios, decks, driveways, plant materials and ornamentation that does not exceed one thousand dollars ($1,000.00).
h. Placement of exterior utility support equipment, including air conditioning compressors, gas tanks, etc.
(5) Appeals from decisions of the building official and/or planning director under subsection (3) of this section may be taken to the board within fifteen (15) days from such decision.
(Code 1964, § 33-190; Ord. No. 02-17, § 1, 8-26-02; Ord. No. 05-22, § 2, 8-8-05)

Sec. 28-90. Administration and records.
(a) Any necessary building or demolition permit and/or certificate of occupancy shall not be issued unless the building official and/or the planning director and/or the historic architectural review board approves the application for a certificate of appropriateness. Such permit shall be subject to the terms of such approval as well as other necessary provisions of this Code.
(b) Applications for certificates of appropriateness shall be submitted through the office of the building official and/or planning director and shall include, in duplicate, all plans, elevations and other information necessary to determine the appropriateness of the features to be passed upon.
(c) Prior to issuance or denial of a certificate of appropriateness required by the board, the board shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and such owners an opportunity to be heard. The board shall hold a public hearing concerning each application.
(d) Every decision of the board and/or building official and/or planning director in passing upon plans for structures or signs located or to be located in the district shall be in the form of a written order stating the finding of the board, its decisions and reasons therefor.
(e) The board shall not disapprove any plans without giving its recommendations for changes necessary to be made before the plans will be reconsidered. Such recommendations may be general in scope, and compliance with them shall qualify the plans for reconsideration by the board.
(f) An appeal may, within thirty (30) days thereafter, be taken by any aggrieved person to the city commission from the board's action in granting or denying a certificate of appropriateness. The appeal shall be as prescribed in section 28-29(g). Any appeal from the decision of the city commission shall be heard by the circuit court of the county, on writ of certiorari, as in the case of any other zoning decision from the city commission.
(g) Any decision of the historic architectural review board certified by the planning director to be in conflict with a determination or decision of the planning and zoning board or of the board of adjustments and appeals; shall be reviewed by the city commission in the same manner as an appeal and the commission shall review the determination of the historic architectural review board, and the decision of the planning and zoning board or board of adjustments and appeals as to which it is certified to be in conflict and shall determine whether the decision of the historic architectural review board should be affirmed, modified or reversed and the decision of the commission shall supersede the decision reviewed. All affected persons shall be notified of the hearing by the city commission in the same manner as that provided for appeals from decisions of the planning and zoning board. The hearing before the commission shall be de novo.
(Code 1964, § 33-191; Ord. No. 05-22, § 3, 8-8-05)

Sec. 28-91. Enforcement.
Enforcement of this division shall be as follows:
(1) Neither the owner of nor the person in charge of a structure of exceptional significance or within an historic district shall permit such structure to fall into a state of disrepair which may result in the deterioration of exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the historic architectural review board, a detrimental effect upon the character of the district as a whole or the life and character of the structure in question.
(2) A stop work order shall be issued by the building official in any case where work has commenced or preparation for work has commenced, if no certificate of appropriateness has been obtained where one is required by section 28-90. The stop work order shall be issued to the owner, the occupant, or any person commencing work or preparation for work in violation of this division. The stop work order shall remain in full force and effect until a certificate of appropriateness has been obtained or it has been determined by the board that no certificate of appropriateness is required.
(3) Any person who violates any provision of this division shall be punished as provided by section 28-35.
(4) Any person who files with the board and/or building official and/or planning director any application or request for a certificate of appropriateness and who refuses to furnish, upon demand by the board and/or building official and/or planning director, any information relating to such application or request, or who willfully makes any false statement in such application or request, or who, upon such demand, willfully furnishes false information to the board and/or building official and/or planning director shall be punished as provided by section 28-35.
(Code 1964, § 33-192; Ord. No. 05-22, § 4, 8-8-05)

Secs. 28-92--28-110. Reserved.