ST. JOHNS COUNTY LAND DEVELOPMENT CODE ON CULTURAL RESOURCES PRESERVATION -- SECTION 9.0 SPECIAL DISTRICTS – CULTURAL RESOURCES LAND DEVELOPMENT CODE PART 3.01

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SECTION 9.0 SPECIAL DISTRICTS – CULTURAL RESOURCES

LAND DEVELOPMENT CODE PART 3.01

Section 9.01 Introduction

St. Johns County has established forms of protection and preservation for Cultural

Resources through incentives, outreach, and ordinances. The Growth Management

Department, Environmental Division, coordinates all related cultural resources

management activities. Additionally, the nine-member Cultural Resources Review Board

(CRRB) reviews and advises on matters relating to Cultural Resources and makes

recommendations to the Board of County Commissioners (BCC) and to Staff. An

encompassing Cultural Resources Inventory is maintained by County Staff which identifies

all known Cultural Resources in the County and identifies those listed as Significant,

County Landmarks, and National Register Properties. The mapped Inventory is updated

so as to remain current.

Address: 4040 Lewis Speedway

St. Augustine, Florida 32084

(904)209-0575 – General Information

(904)209-0623 – Cultural Resources Staff

(904)209-0743 – Fax

GMDevelopment@sjcfl.us

Fees

Section 9.02 Forms of Protection

The Land Development Code (LDC) establishes guidelines and regulations for the

treatment of Cultural Resources. The LDC provides the following forms of protection to

preserve or manage Cultural Resources in St. Johns County:

A. B. C. Cultural Resources Protection and Management (Section 3.01.04): In cases where

proposed development or other activities affect sites within the Cultural Resources

Inventory, or may affect previously unidentified Cultural Resources, procedures

shall be followed pursuant to Section 3.01.04 of the LDC.

Cultural Resources on County Park Lands (County Ordinance 2005-114):

Disturbing an archaeological or historical site, or collecting artifacts from an

archaeological or historical site on County property is illegal. This includes the

County beaches. An archaeological research permit is required for any

archaeological work undertaken on County property. Permits must be obtained

through the Cultural Resources Staff.

Proposed Designation of a St. Johns County Landmark (Section 3.01.03): Within

the Cultural Resources Inventory certain sites, buildings, structures, objects, or

groups thereof may have particularly unique or special significance related to the

cultural, architectural, archaeological and historical heritage of St. Johns County.

The CRRB receives and evaluates proposals for recommendations for potential

Revised June 2023 9-1D. E. Landmarks from the general public; cultural resource professionals; and other

interested parties.

Proposed Designation for National Register of Historic Places listing (Section

3.01.05): The CRRB reviews applications for listing on the National Register for all

properties within the County’s jurisdiction and forwards the Board’s

recommendation to the State Historic Preservation Office.

Emergency Action Involving a Threat to a Cultural Resource or Landmark (LDC,

Section 3.01.06): Emergency action may be taken to review and consider any

activity that may have an adverse effect upon a Cultural Resource or Landmark.

Section 9.03 Procedures for County Landmark Designation

The LDC provides a process whereby the BCC may designate certain Significant Cultural

Resources as St. Johns County Landmarks pursuant to recommendations submitted by

the CRRB (Section 3.01.03). Proposals are evaluated pursuant to the Criteria for

Landmark Designation in Section 3.01.03.C of the LDC. The application process follows

the below procedures.

A. St. Johns County Landmark

Application Process: Submit applications to the Environmental Division. At a

minimum, a completed copy of the Application for Designation of a St. Johns

County Landmark must be returned along with the following information, evidence,

and supporting materials, as appropriate.

1. Applicant Information: Name, mailing address, and contact telephone and fax

numbers.

2. Property Information: Property Name, location, tax parcel identification

number, legal description and map of the subject property.

3. Property Ownership: Owner’s name and mailing address; and proof of

ownership, deed or certificate by lawyer, abstract company or title company

that verifies the record owner. In addition, the applicant must provide a list of

adjacent property owners within 300 feet of the subject property. The list shall

contain the name and address of each parcel as it appears in the St. Johns

County Property Appraiser’s records. The list is available from St. Johns

County by completing the Adjacent Property Owners List Request Form,

provided in this Section 10. Complete and return the form to the County office

handling your application, or fax it directly to the attention of the GIS Division

at 904-209-0761. You are not required to use St. Johns County as a source;

the list may also be obtained through private sources such as an abstract

company, title company, or legal office.

In addition to the above list, the applicant must also provide two legal size

envelopes, addressed and stamped for each name on the list of adjacent

property owners. If the name appears more than once (owner of more than one

parcel), only one envelope is required.

Revised June 2023 9-2B. 4. Criteria for St. Johns County Landmark Designation: Specifically address and

document those points contained in the Land Development Code, Sec.

3.01.03C.

5. Written Description of Proposed Landmark: Prepare a written narrative

summary of the archaeological, historical, architectural, or cultural significance

of the proposed Landmark. Why does the site need to be listed?

6. Additional Evidence and Supporting Materials:

a. For properties already included in the National Register of Historic Places

or any other Federal, State or local listing, attach copies of nomination

forms, including all maps and photographs already approved by the State

Historic Preservation Office and the National Park Service, etc.

b. Date of construction of the Historic Structure and the names of former

owners, and the dates of occupation of the property, or cultural periods of

an archaeological site.

c. An archaeological or architectural description.

d. Historic references from other sources mentioning the property, or

archaeological research documentation if an archaeological site.

e. A statement of significance as the structure or site relates to the local

community.

f. A site plan, showing all structures, roads, signage, and easements and

landscape features including septic tank and drainfield, and all other

improvements located on the site. Identify development on adjacent

properties.

g. Floor plans of all subject buildings.

h. Photographs which are exclusive of all elevations, architectural details and

significant exterior features.

i. Written information about the property that could be used as a suggested

guide for the evaluation of any future proposed changes to the property

(including development or re-development of the site or adjacent property).

7. Any additional information or material to support the request, such as pictures,

professional reports or drawings, etc.

Review Process: once the Environmental Division determines that the Application

is complete:

1. Within thirty (30) days of receiving a completed application the item is

scheduled for a public hearing to be heard by the Cultural Resources Review

Board. A notice is placed in the St. Augustine Record newspaper, a sign is

Revised June 2023 9-3posted on the property, and a notice is mailed to all property owners within 300

feet of the property. A letter is also sent to the applicant advising of the date.

2. A Staff Report including the completed Application Package is created by

Cultural Resources Staff and is distributed to the Cultural Resources Review

Board at least 10 days prior to the public hearing. The applicant or his/her

representative will also be provided a copy.

3. The Cultural Resources Review Board will consider the request at the public

hearing and provide a recommendation to the Board of County

Commissioners.

For each Landmark designation, the CRRB shall prepare a written report that

contains a statement in evidence of the criteria contained in Section 3.01.03.C

of the LDC, as well as the descriptive and evaluative information contained in

Section 3.01.03.B.1.a of the LDC. The report shall be filed with Staff and a copy

provided to the property owner(s).

4. The Board of County Commissioners shall hold a public hearing on the

proposed Landmark designation(s) within ninety (90) days of the filing of the

CRRB’s report with Staff. The County Administrator provides the date of the

Board hearing and the item is scheduled for public hearing.

5. A new notice is published in the newspaper and notices are mailed out to

adjacent property owners advising them of the BCC hearing. These

notifications will be mailed out in not less than ten (10) days prior to the

scheduled hearing

6. An Agenda package is prepared which includes the Staff Report for the CRRB,

the CRRB findings report, the proposed Landmark Designation, and any other

supporting documents. The BCC considers the Landmark nomination and

takes final action.

At the public hearing, the CRRB shall present the proposed designation and

recommendation of the CRRB to the Board of County Commissioners. The

BCC shall review each potential Landmark considering the information

contained within the designation report, the criteria for Landmark designations

contained in Section 3.01.03C of the LDC, public testimony and evidence

submitted for the record at the public hearing. The BCC shall move to approve,

approve with modifications or conditions, or deny the proposed Landmark

designation(s). If the item is approved, the Designation is signed by the Board’s

Chairperson and sent to the Clerk for recording. If the item is denied, an appeal

may be filed within 30 days of the Board action.

Revised June 2023 9-4C. Determination by the Board of County Commissioners:

1. Immediately following approval of a Landmark designation, the Board of

County Commissioners shall notify by mail the property owner(s) and the

adjacent property owners of the BCC’s designation of the Landmark.

2. The Landmark designation shall be recorded in the official record books of the

St. Johns County, and noted on the Official Zoning Atlas of St. Johns county,

and shall be noted in the Cultural Resources Inventory as a Landmark.

3. Within thirty (30) days of the decision by the BCC to designate a Landmark,

the property owner(s) may petition for a review of the Board of County

Commissioners’ decision by the Circuit Court of St. Johns County. The nature

of the review shall be by petition for writ of certiorari.

Section 9.04 National Register Nomination

The procedures for National Register nomination reviews shall follow the Florida Certified

Local Government Requirements for Participation in the Florida National Register of

Historic Places Nomination Process as stipulated in sections B(4) and C(4) of the Florida

Certified Local Government Guidelines document produced by the Florida Division of

Historical Resources.

A. The CRRB complements the Florida National Register Review Board in the review

of proposed nominations to the National Register from within St. Johns County.

Proposals are submitted to the State Historic Preservation Officer for consideration

by the Florida National Register Review Board and are forwarded to the CRRB for

review.

B. The CRRB will develop or receive the documentation necessary to nominate

properties to the National Register. The CRRB shall evaluate nomination

proposals for completeness. Should the nomination proposal not be technically

complete, the CRRB shall notify the proposal’s sponsor in writing, identifying the

technical deficiencies, within 30 days after receipt of the nomination proposal. A

copy of this notification shall also be sent to the State Historic Preservation Officer.

If the nomination proposal is technically complete, the CRRB shall place the item

on its agenda for consideration.

C. The CRRB shall notify the following of its intention to consider a nomination

proposal. In all cases, such notification shall occur at least 30 days but not more

than 75 days prior to the CRRB meeting at which the nomination proposal will be

considered.

1. Owner(s) of record of the property. The list of owners shall be obtained from

official tax records. Where there is more than one owner on the list, each

separate owner shall be notified.

2. Appropriate local official(s). The Chairman of the Board of County

Commissioners and such other contact persons as may be designated. In the

case where the CRRB’s area of jurisdiction includes a municipality, this will

include the appropriate municipal official(s) and the Chairman of the Board of

Revised June 2023 9-5D. E. F. G. County Commissioners. Within 30 days after receipt of the nomination

proposal, the appropriate local official(s) may submit in writing to the CRRB a

recommendation as to whether or not the property should be nominated to the

National Register.

3. State Historic Preservation Officer.

Nomination proposals shall be considered by the CRRB at a public meeting, and

all votes on nomination proposals shall be recorded and made a part of the

permanent record of the CRRB meeting. All nomination proposals shall be

forwarded, with a record of official action taken by the CRRB and the

recommendation of the appropriate local official(s), to the State Historic

Preservation Officer within 30 days after the meeting at which they were

considered. If either the CRRB or appropriate local official(s) or both support the

nomination, the State Historic Preservation Officer schedules the nomination

proposal for consideration by the Florida National Register Review Board as part

of the normal course of business as specified by the Florida Division of Historical

Resources. The consideration of the nomination is handled pursuant to Section

101(a) of the National Historic Preservation Act (and 36 CFR 60).

As specified by the Florida Division of Historical Resources, if both the CRRB and

appropriate local official(s) recommend that a property not be nominated to the

National Register, the State Historic Preservation Officer will take no further action

on the nomination proposal unless an appeal is filed within 30 calendar days with

the State Historic Preservation Officer. Any reports and recommendations that

result from such a situation shall be included with any nomination proposal

submitted by the State Historic Preservation Officer to the Secretary of the Interior.

Any person or organization which supports or opposes the nomination of a

property to the National Register shall be afforded the opportunity to make their

views known in writing during the period of review. Such documentation can be

sent to the St. Johns County Cultural Resources Review Board care of County

Staff, at the address listed at the beginning of this section. All such correspondence

regarding a nomination proposal shall become part of the permanent record

concerning that proposal and shall be forwarded with approved proposals to the

State Historic Preservation Officer. All objections by property owners of the

property under consideration must be notarized to prevent nomination to the

National Register. In the case of disapproved nomination proposals, letters of

support or comment shall be made a part of the permanent record concerning that

proposal, and a list of such letters shall accompany the official copy of the

disapproved nomination proposal when it is forwarded to the State Historic

Preservation Officer.

Nomination proposals to be considered by the CRRB shall be on file with the St.

Johns County Growth Management Department for at least 30 days prior to the

CRRB meeting at which they will be considered. A copy shall be made available

by mail when requested by the public and shall be made available at a location of

reasonable local public access, such as a local library, website, courthouse, or

other public place so that written comments regarding a nomination proposal can

be prepared.

Revised June 2023 9-6H. I. Appeals. Any person may appeal the decisions of the CRRB. Appeals shall be

directed to the State Historic Preservation Officer in writing within 30 calendar days

of the State Historic Preservation Officer’s receipt of the written decision of the

CRRB. As specified by the Florida Division of Historical Resources, nominations

or proposals which have been appealed may be considered by the Florida National

Register Review Board as part of the normal course of business at its next regular

meeting. If the opinion of the Florida National Register Review Board is that the

property or properties is or are significant and merit nomination to the National

Register, the State Historic Preservation Officer will notify the CRRB, within 30

days after the National Register Review Board meeting, of its intent to forward the

nomination to the National Register with a recommendation that the property or

properties be listed. The State Historic Preservation Officer reserves the right, as

in the case of any nomination proposal from a source other than a Certified Local

Government, to edit or revise the nomination proposal or request that the sponsor

make necessary revision prior to forwarding the proposal to the National Register.

Other appeal procedures promulgated by the National Park Service, Department

of the Interior, pertaining to local or state actions shall be followed by St. Johns

County and by the State Historic Preservation Officer. Decisions of the State

Historic Preservation Officer may be appealed to the National Park Service in

accordance with the procedures in 36 CFR 60.12.

CRRB review and notification procedures do not apply when a Federal agency

nominates a property under its ownership or control.

Section 9.05 Certificate of Appropriateness Reviews

The CRRB reviews applications for Certificates of Appropriateness as outlined in Section

3.01.03F of the LDC. The board reserves the right to solicit expert testimony.

A. Activities requiring Certificate

Certificate of Appropriateness issued by the CRRB shall be required for any of the

following activities:

1. Any alteration requiring a building permit which may change the exterior

appearance of an individually designated County Landmark or contributing

property in a Landmark District.

2. Demolition of any building or structure that has been designated a County

Landmark or a contributing property in a Landmark District.

3. The relocation of any building or structure that has been designated a County

Landmark or a contributing property in a Landmark District.

4. Any new construction of principal or accessory buildings, structures, or

additions within the boundaries of a Landmark District or an individually

designated County Landmark.

B. Minor Projects not requiring a Certificate

Revised June 2023 9-7A Certificate of Appropriateness shall not be required for minor projects including

painting and ordinary maintenance to the exterior of a building. Ordinary

maintenance is any work for which a building permit is not required by law. Upon

application for a building permit, said application shall be reviewed by the Cultural

Resources Staff to determine whether or not the proposed project will change the

exterior appearance of the designated building or structure. If there will be a

change to the exterior appearance, then the owner shall apply for a Certificate of

Appropriateness. Neither the Cultural Resources Staff nor the CRRB shall

consider interior arrangement or design when reviewing an application for a

Certificate of Appropriateness unless such change affects the exterior appearance

of the building, or unless the interior was a significant component of the qualifying

factors for Landmark designation.

C. Pre-application Conference

Prior to making an application for a Certificate of Appropriateness, the applicant

may confer with the Cultural Resources Staff on the nature and purpose of the

proposed action. The prospective applicant shall be advised of the plans,

photographs, statements or other exhibits necessary for submitting an application.

D. Application

Application to the CRRB for a Certificate of Appropriateness shall be filed with the

Cultural Resources Staff and include the form for Certificate of Appropriateness

provided in this section. Applications shall include:

1. Plans for structural changes, where applicable.

2. A description of exterior finish materials (samples may be requested of

nonstandard materials), where applicable.

3. Site plans, including landscape plans and building elevations, where

applicable.

4. Photographs of the subject property, including areas of proposed work.

5. Notarized authorization of the owner if the applicant is other than the owner or

attorney for the owner.

6. Other documentation of architectural compatibility as offered by the applicant

or requested by Staff or the CRRB.

7. The name, address and telephone number of the applicant.

8. In addition, the applicant must provide a list of adjacent property owners within

300 feet of the subject property. The list shall contain the name and address of

each parcel as it appears in the St. Johns County Property Appraiser’s records.

The list is available from St. Johns County by completing the Adjacent Property

Owners List Request Form, provided in this Section. Complete and return the

form to the County office handling your application, or fax it directly to the

attention of the GIS Division at 904-209-0761. You are not required to use St.

Revised June 2023 9-8Johns County as a source; the list may also be obtained through private

sources such as an abstract company, title company, or legal office.

In addition to the above list, the applicant must also provide two legal size

envelopes, addressed and stamped for each name on the list of adjacent

property owners. If the name appears more than once (owner of more than one

parcel), only one envelope is required.

E. Public hearing

The CRRB shall hold a public hearing within 60 days after the filing of the

application for a Certificate of Appropriateness. A notice of the proposed Certificate

of Appropriateness review shall be sent to the owner of the property at least 10

calendar days prior to the date of the public hearing. Cultural Resources Staff shall

provide a recommendation to the CRRB of approval, denial, or approval with

conditions of the Certificate of Appropriateness. Staff’s recommendation shall be

transmitted to the owner prior to the public hearing.

F. Action by CRRB

At the public hearing the CRRB shall approve, deny, or approve with conditions

each application. Copies of the decision shall be mailed to the applicant and

property owner within 10 days of the decision. The CRRB shall provide findings of

fact to be included with the Development Order or Permit. Unless appealed, the

decision of the CRRB shall be the final administrative decision. After the issuance

of a Certificate of Appropriateness, except for ordinary maintenance, no change

may be made in the proposed work without resubmittal of an application.

G. Review criteria for proposed exterior work on buildings or structures listed as

County Landmarks

In consideration of an application for a Certificate of Appropriateness for proposed

exterior work, the CRRB shall utilize the following guidelines based on the United

States Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67:

1. A property shall be used for its historic purpose or be placed in a new use that

requires minimal change to the defining characteristics of the building and its

site and environment.

2. The historic character of a property shall be retained and preserved. The

removal of historic materials or alteration of exterior features that characterize

a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and

use. Changes that create a false sense of historical development, such as

adding conjectural features or architectural elements from other buildings, shall

not be undertaken.

4. Most properties change over time; those changes that have acquired historic

significance in their own right shall be retained and preserved.

Revised June 2023 9-9H. 5. Distinctive features, finishes, and construction techniques or examples of

craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the

severity of deterioration requires replacement of a distinctive feature, the new

feature shall match the old in design, texture and other visual qualities and,

where possible, materials. Replacement of missing features shall be

substantiated by documentary, physical or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to

historic materials shall not be used. The surface cleaning of structures, if

appropriate, shall be undertaken using the gentlest means possible.

8. Significant archaeological resources affected by a project shall be protected

and preserved. If such resources must be disturbed, mitigation measures shall

be undertaken.

9. New additions, exterior alterations, or related new construction shall not

destroy historic materials that characterize the property. The new work shall be

differentiated from the old and shall be compatible with the massing, size,

scale, and architectural features to protect the historic integrity of the property

and its environment.

10. New additions or related new construction shall be undertaken in such a

manner that, if removed in the future, the essential form and integrity of the

historic property and its environment would be unimpaired.

Review criteria for proposed new construction. New construction associated with

an individually designated County Landmark or within a designated County

Landmark district shall be compatible with the buildings, site, district, or

environment with which the new construction is visually related. Criteria to be

considered by the CRRB shall include the following:

1. The height, volume, proportions, and relationship between doors and windows,

rhythm of solids and voids created by openings in the facade, materials used

in the facade, the texture inherent in the facade, the pattern and trim used in

the facade, and the design of the roof should be compatible with any existing

historic buildings.

2. Rhythm created by existing building masses and spaces between them should

be preserved.

3. Landscape plans should be compatible with the buildings and environment with

which it is visually related.

4. Proportions of existing facades, such as horizontal and vertical expression,

should be in the new facade.

5. Architectural details should be incorporated as necessary to relate the new with

the old and to preserve and enhance the inherent architectural characteristics

of the area.

Revised June 2023 9-10I. Review criteria for relocation. When an applicant seeks to obtain a Certificate of

Appropriateness for the relocation of an individually designated resource or wishes

to relocate a contributing property into or out of a County Landmark or National

Register district, the CRRB shall consider the following criteria:

1. 2. 3. 4. 5. The contribution the building or structure makes to its present setting.

Whether there are definite plans for the site to be vacated.

Whether the building or structure can be moved without significant damage to

its physical integrity.

The compatibility of the building or structure to its proposed site and adjacent

properties.

The applicant shall document, through photographs, the property in its original

location prior to removal and provide copies to the board.

Section 9.06 Demolition of County Landmarks or National Register Listed

Properties

No Certificate of Appropriateness may be issued for the demolition of a County Landmark

or a contributing property in a Landmark District or certain other buildings or structures

deemed to be Significant Cultural Resources in accordance with section 3.01.04 of the

Land Development Code, unless the applicant demonstrates by the preponderance of the

evidence that undue economic hardship or unusual and compelling circumstances support

such a demolition.

A. In situations where the applicant claims that unusual and compelling

circumstances, or undue economic hardship requires the demolition of a County

Landmark or Significant Cultural Resource, the CRRB shall consider the following

criteria:

1. The building or structure is of such interest or quality that it would reasonably

meet national standards for additional designation on the National Register of

Historic Places or as a National Historic Landmark.

2. The building or structure is of such design, craftsmanship, or material that it

could be reproduced only with great difficulty and/or expense.

3. The building or structure is one of the last remaining examples of its kind in the

County or the region.

4. The building or structure contributes substantially to the historic character of a

designated County Landmark or National Register district.

5. Retention of the building or structure would promote the general welfare of the

County by providing an opportunity for the study of local history, architecture,

or design.

Revised June 2023 9-116. Definite plans exist for reuse of the property if the proposed demolition is

carried out, and if the plans will have a positive effect on the character of the

surrounding area.

7. A reasonable effort was made to relocate the building or structure.

8. Demolition of the designated building or structure has been ordered by the

appropriate public agency due to unsafe conditions.

B. Unusual and compelling circumstances

The following criteria shall be used by the Cultural Resources Review Board to

determine whether the issuance of a Certificate of Appropriateness for a demolition

is justified by the existence of unusual and compelling circumstances:

1. The property has little or no historical or architectural significance,

2. The property cannot reasonably be maintained in the manner dictated by the

ordinance,

3. There are no other reasonable means of saving the property from deterioration,

or collapse, or

4. The property is owned by a nonprofit organization and it is not feasible

financially or physically to achieve the charitable purposes of the organization

while maintaining the property appropriately

C. Action by CRRB for Unusual and Compelling Circumstances

On applications for Certificates of Appropriateness for demolition claiming an

unusual and compelling circumstance, the CRRB may approve, approve with

conditions or deny the request or may suspend action to allow further study of the

matter for a period not to exceed one (1) year from the date of the filing of the

application. The length of the delay shall be determined by the CRRB based upon

the probable time required to arrange a possible alternative to demolition. During

the stay of demolition, the CRRB may take such steps as it deems necessary to

preserve the building or structure. Such steps may include but shall not be limited

to consultation with civic groups, public agencies, and interested citizens;

recommendations for acquisition of property by public or private bodies or

agencies; and exploration of the possibility of moving the structure or building.

D. Undue Economic Hardship.

Criteria: In situations where, by reason of particular site conditions and restraints

or circumstances applicable to the property owner, strict enforcement of this

chapter will deny him of economically viable or reasonable use of a property, the

applicant shall submit the following information to the CRRB.

1. For all property:

Revised June 2023 9-12E. a. The amount paid for the property, the date of purchase, and the party from

whom the property was purchased.

b. The assessed value of the land and improvements thereon according to

the two most recent County Property Appraiser's assessments.

c. Real estate taxes for the previous two years.

d. Annual debt service, if any, for the previous two years.

e. All appraisals obtained within the previous two years by the owner or

applicant in connection with the purchase, financing, or ownership of the

property.

f. Any listing of the property for sale or rent, price asked, and offers received.

g. Any consideration by the owner as to profitable adaptive uses for the

property.

2. For income-producing property:

a. Annual gross income from the property for the previous two years.

b. Itemized operating and maintenance expenses for the previous two years.

c. Annual cash flow, if any, for the previous two years.

Action by CRRB for Undue Economic Hardship

The CRRB shall review all evidence and information submitted by the applicant

and make a determination as to whether the denial of a Certificate of

Appropriateness for demolition will deprive the owner of reasonable use of, or

economically viable return on the property in question. If the CRRB decides that

denial of the proposed action does not or will not deprive the owner reasonable

use of or an economically viable return on the property, then the Certificate of

Appropriateness for demolition will be denied.

In the event the CRRB finds that all reasonable use of, or economic return from

the Landmark will be denied a property owner if the Certificate is not approved

then the application may be delayed for a period not to exceed one (1) year from

the date of filing of the application. During this period the CRRB shall investigate

alternatives to preserve the property. Such alternatives may include, but are not

limited to a reduction in real property taxes, financial assistance, changes in

zoning, public purchase, and/or code exemptions. If by the end of the period for

the stay of demolition the board has found that, without approval of the demolition,

the property cannot be put to a reasonable use or the owner cannot obtain a

reasonable economic return there from, then the CRRB shall issue a Certificate of

Appropriateness for demolition.

Revised June 2023 9-13F. Documentation of buildings. The CRRB shall, as a condition to approval of such

demolition, have the power to require the documentation of buildings slated for

such demolition by photographs and measured drawings.

Section 9.07 Treatment of Cultural Resources and Landmarks (Section 3.01.04 of

the LDC):

A. 1. B. Development Review and Cultural Resources

Cultural Resource Review: When applications are filed for permits, orders or

other approvals, Cultural Resources Staff shall verify the existence of any site

contained in the Cultural Resource Inventory, and verify the likelihood of

previously unidentified sites that may exist. Appropriate requirements outlined

in Section 3.01.04 of the LDC shall be initiated.

2. Consideration of Adverse Effect: Staff shall consider criteria contained in the

LDC Section 3.01.04E to determine whether the project will have no effect, no

adverse effect, or an adverse effect on a Significant Cultural Resource. A

presumption of adverse effect upon a Significant Cultural Resource shall

require the Applicant to submit a Cultural Resource Management Plan.

3. Cultural Resource Management Plan: Where an adverse effect has been

substantiated or is apparent, the Applicant shall provide a Cultural Resource

Management Plan. The Management Plan shall include information on the

nature, context and significance of the resource. Staff may consult with the

Division of Historical Resources and the Cultural Resources Review Board to

determine appropriate information to be requested and appropriate protection

or mitigation measures. The Management Plan shall at a minimum include

information listed at Section 3.01.04F of the LDC.

a. Cultural Resources Staff may approve, approve with conditions, or

disapprove the Cultural Resources Management Plan. The document shall

be attached to any Development Order or Permit, and shall remain in effect

as prescribed within the Management Plan.

b. Development related to a Project may commence and proceed prior to final

approval of the Management Plan provided no activity affects the Cultural

Resource or Landmark or its environs. Such condition shall be noted on

any Development Order or Permit.

Emergency Action Involving a Threat to a Cultural Resource or Landmark (LDC

Section 3.01.06): Emergency action may be taken to review and consider a threat

to a Cultural Resource or Landmark. A threat is any activity that may have an

adverse effect upon a Cultural Resource or Landmark.

1. Request for Emergency Action: Any interested party or agency may submit to

the Staff a notice related to a potential threat, as follows:

Revised June 2023 9-14a. In support of the request for emergency action, written information

describing the potential threat shall be submitted to Staff, as required by

Section 3.01.06(A)1 of the LDC.

b. Staff shall determine if a potential threat exists and schedule a public

hearing to consider the request for emergency action.

c. All permitted activity shall be held in abeyance until action regarding the

threatened property is completed.

d. Staff shall notify the Applicant and/or property owner of the public hearing

on the request for emergency action.

e. The County Administrator shall have the authority to suspend any Permit

during which time the Applicant or Property Owner shall provide a Cultural

Resource Management Plan as per Section 3.01.04 of the Land

Development Code.

f. Upon approval of a Management Plan by the BCC, the County

Administrator shall authorize release of the Permits, with any conditions.

Section 9.08 Ad Valorem Tax Exemptions

The St. Johns County Historic Property Tax Exemption Ordinance (Ord. 22-55), as

amended, provides qualifications for improvements and a process to allow ad valorem tax

exemptions for historic properties. All requirements of Ord. 22-55 shall be followed and

this Section is only a guide for the application process. Visit the Clerk of Court website for

a copy of the ordinance at https://stjohnsclerk.com/records/board-records/county-code-of-

ordinance/. Property owners may seek an ad valorem tax exemption as authorized by the

Board of County Commissioners as provided in this section. The intent of the tax

exemption process is to encourage restoration, rehabilitation, and renovation of historic

properties.

A. Minimum Thresholds for Application. In order for a historic property to be eligible

for the Historic Property Tax Exemption the following shall apply:

1. The value of the proposed improvements must be at least fifty percent (50%)

of the total assessed value of the qualifying property before the improvement,

or $20,000, whichever is less; and,

2. At least twenty-five percent (25%) of the valuation of the proposed

improvements must be an expenditure for work to the exterior or foundation of

the historic structure.

B. Application for exemption

Revised June 2023 9-151. 2. 3. 4. 5. 6. 7. Application for the property tax exemption shall be made on the three-part

Historic Preservation Property Tax Exemption Application, DOS Form No.

HR3E10192, or its equivalent, as adopted by the State of Florida.

State application form: https://files.floridados.gov/media/30818/application.pdf

The application shall be completed in accordance with the instructions on the

form, Chapter 1A-38, F.A.C. and contain documentation of the cost of

qualifying improvements.

Part 1- Evaluation of Property Eligibility and Part 2- Description of

Improvements (Preconstruction) shall be submitted to the County for review

prior to the qualifying improvements made to the property.

Once the County has received the completed Preconstruction Application, all

required supporting materials and documentation of the cost of the

improvements, County staff shall determine if the property is a Qualifying

property and meets the minimum thresholds for application. Once confirmed,

the Preconstruction application will be set for the next Cultural Resource

Review Board (CRRB) meeting. The CRRB will determine if the proposed

improvements are consistent with Secretary of the Interior’s Standards for

Rehabilitation, U.S. Department of the Interior, National Park Service.

The review of the Preconstruction Application by the CRRB shall be

completed within 60 days of submittal of a complete application to the

County.

Once the County has received Part 3- Request for Review of Completed

Work and all supporting materials, the CRRB and/or County staff shall

conduct a review to determine if completed property improvements are

consistent with the work described in the approved Preconstruction

application and Secretary of the Interior’s Standards. The CRRB and/or

County staff shall have the right to inspect the completed work and complete

the review within 60 days of submittal.

The CRRB shall recommend that the Board of County Commissioners

(Board) approve or deny the exemption with the reasons in writing to the

applicant and to the Board.

By Resolution, the Board shall either approve or deny the exemption and

provide a copy of the Resolution to the applicant and staff. The Resolution

approving the exemption shall include:

a. The owner’s name and address of the historic property for which the

exemption is approved.

b. The period of time for which the exemption will remain in effect and the

expiration date of the exemption.

Revised June 2023 9-16c. A finding that the historic property meets the requirements of Section

196.1997, F.S. and Chapter 1A-38, F.A.C. Evaluation of Improvements

C. Evaluation of Improvement

1. The CRRB shall apply the recommended approaches to Rehabilitation set

forth in the Secretary of Interior’s Standards for Rehabilitation and Guidelines

for Rehabilitating Historic Buildings in evaluating the eligibility of

improvements to the Qualifying Property.

2. For improvements intended to protect or stabilize severely deteriorated

historic properties, the CRRB shall apply the following standards:

a. Before applying protective measures which are generally of a temporary

nature and imply future historic preservation work, an analysis shall be

made by the County Building Official.

b. Protective measures shall safeguard the physical condition or

environment of a property from further deterioration or damage caused by

weather or other intrusions. Stabilization shall establish weather resistant

conditions for a property.

c. If any historic material or architectural features are removed, they shall be

properly recorded and stored for future study or reuse.

d. Stabilization shall be accomplished in such a manner that it detracts as

little as possible from the property’s appearance. When reinforcement is

required to reestablish structural stability, such work shall be concealed

wherever possible to not detract from the aesthetic and historical quality

of the property, except where it would result in alteration of historically

significant material or spaces.

D. Commencement of Work

Work must commence within 1 year following the date of approval of a

Preconstruction Application and shall be considered to be in effect as long as a

building permit is valid for the work specified on the property.

E. Covenant

An owner who has received a Historic Property Tax Exemption shall execute a

Historic Property Tax Exemption Covenant, DOS Form No. HR3E111292 or its

equivalent, as adopted by the State of Florida.

Website link: https://files.floridados.gov/media/30817/convenant.pdf

Revised June 2023 9-171. 2. On or before the effective date of the exemption, the owner shall record the

Covenant, with a copy of the deed for the property attached, in the Official

Public Records of St. Johns County.

Within 3 business days following receipt of the recorded Covenant, County

staff shall forward a copy of the approved Historic Property Tax Exemption

Application and the recorded Covenant form to the Property Appraiser with

instructions to provide the exemption to the owner.

Revised June 2023