The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate of appropriateness means a document evidencing approval by the historic design review board of an application to make a material change in the appearance of a designated historic property or of a property located within as designated historic district.

Demolition by neglect means deterioration of a historic property or a contributing structure in a designated historic district by virtue of the withholding of ordinary maintenance and repair, to the extent that the property or structure could be reasonably expected to become unsafe.

Exterior architectural features means the architectural style, general arrangements of the exterior of a building or other structure, including but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Exterior environmental features means all those aspects of the landscape or the development of the site which affect the historical character of the property.

Historic district means a geographically definable area which contains structures, sites, works of art or a combination thereof which exhibit a special historical, architectural, or environmental character as designated by the city council.

Historic property means an individual structure, site, or work of art which exhibits a special historical, architectural, or environmental character as designated by the city council.

Material change in appearance means a change that will affect either the exterior architectural or environmental features of a historic property or any structure, site or work of art within a historic district, and may include any one or more of the following:

(1)

A reconstruction or alteration of the size, shape or facade of a historic property, including any of its architectural elements or details;

(2)

Demolition of an historic structure;

(3)

Commencement of excavation for construction purposes;

(4)

A change in the location of advertising visible from the public right-of-way;

(5)

The erection, alteration, restoration or removal of any building or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features.

(Ord. No. 2013-12, § 1, 10-1-2013; Ord. No. 2018-07, § 1, 6-5-2018)

Any person who carries out or causes to be carried out any work in violation of this article shall be required to restore the subject improvement, building, site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance with a certificate of appropriateness required by the city council. Such person will also be liable for a fine of not less than $100.00 per day between the day on which the work is cited as being in violation of this article and the date on which the development administrator certifies and verifies to the city council that the violation has been corrected. This civil remedy may be obtained through proceedings before a court of competent jurisdiction, and shall be in addition to and not in lieu of any other civil or criminal prosecution and/or penalty otherwise provided in this Code of Ordinances, or the laws of the state.

(Ord. No. 2013-12, § 1, 10-1-2013)

In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of properties in the city is among its most valued and important assets, that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people, and that the official listing of the historic district on the National Register of Historic Places reinforces the city's special historic character, and in order to stimulate revitalization of the districts and properties and to protect and enhance local historical and aesthetic attractions and thereby promote and stimulate business, the city council hereby declares it to be the purpose and intent of these land development regulations to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation, and use of historic places (i.e., districts, sites, buildings, structures, and works of art having a special historical, cultural, or aesthetic interest or value).

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

When required. After the designation of an historic property or an historic district, no material change in the appearance of a designated historic structure or surrounding property shall be made or be permitted to be made by the owner or occupant thereof, unless or until application for a certificate of appropriateness has been submitted to the city for review by the historic design review board and approved by the city council.

(b)

Exceptions.

(1)

Emergency repairs which are temporary in nature and are necessary to assure the structural integrity of an historic property or to eliminate an unsafe condition shall not require a certificate of appropriateness. Emergency temporary repairs shall be allowed to remain for no longer than three months, with an extension allowed for up to 12 months, upon application to the historic design review board.

(2)

Paint color does not require an application for certificate of appropriateness.

(c)

Guidelines and criteria for certificates of appropriateness.

(1)

New construction. The city council shall issue certificates of appropriateness for new structures proposed for construction within designated historic districts or on designated historic properties. These structures shall conform in design, scale, building materials, setback, and landscaping to the character of the district specified in the board's design guidelines as outlined in subsection (f).

(2)

Alterations, reconstruction, major repairs.

a.

When considering applications for certificates of appropriateness for alterations, reconstruction, major repairs, or maintenance to existing buildings requiring review, the Secretary of the Interior's "Standards of Rehabilitation" shall be used as a guide. These standards shall be liberally interpreted with the understanding of economic need relative to reasonable use of a structure, while keeping in mind the intent of the city to preserve, restore and protect historic resources of the city. These standards shall be applied in accordance with the contributory nature of individual structures and open spaces within the historic district. Contributory structures shall conform to the most stringent standards of appropriateness, with emphasis on preservation and restoration. Noncontributory structures that have their own historic or architectural merit should also be preserved, with restoration work as appropriate. Noncontributory structures that could feasibly contribute to the historic district, but have been subjected to unsympathetic alterations should be restored to their original contributory form if appropriate alterations are economically feasible. All work on structures and appurtenances, regardless of their contributory nature, shall be done in a manner that does not detract from the historical or architectural character of the historic district or historic property.

b.

In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and designation standards, the documented, original design of the building may be considered, among other factors.

c.

Any material change in the exterior appearance of any existing nonhistoric building, structure or appurtenance in a designated historic district will be generally compatible with the form, proportion, mass, configuration, building material, texture and location of historic buildings, structures or sites adjoining or reasonably approximate to the nonhistoric building, structure or site.

(d)

Interior alterations. In its review of applications for certificates of appropriateness, neither the historic design review board nor the city council shall consider interior arrangement or use having no effect on exterior appearance.

(e)

Technical advice. When dealing with difficult technical questions, the board and the city council shall have the power to seek expert advice.

(f)

[Visual compatability.] All improvements to buildings, structures and appurtenances within a designated historic district shall be visually compatible. Visual compatibility will be defined in terms of the following criteria:

Height. The height of proposed buildings or modifications will be visually compatible in comparison or relation to the height of existing structures and buildings.

Front façade proportion. The front façade of each building or structure will be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district.

Proportion of openings (windows and doors). The openings of any building within a historic district will be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district will be visually compatible.

Rhythm of solids to voids—front façades. The relationship of solids to voids in the front façade of a building or structure will be visually compatible with the front façades of historic buildings or structures within the district.

Rhythm of buildings on streets. The relationship of the building of buildings to open space between it or them and adjoining buildings will be visually compatible with the relationship between historic sites, buildings or structures within a historic district.

Rhythm of entrance and/or porch projections. The relationship of entrances and porch projections to the sidewalks of a building will be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings and structures within a historic district.

Relationship of materials and texture. The relationship of materials and texture of the façade of a building will be visually compatible with the predominant materials used in the historic sites, buildings and structures within a historic district.

Roof shapes. The roof shape of a building or structure will be visually compatible with the roof shapes of a historic site, building or structure within a historic district.

Walls of continuity. Appearances of a building or structure such as walls, wrought iron, fences, evergreen landscape masses, or building facades, will form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures or sites to which it is visually related.

Scale of building. The size of a building, the building mass in relation to open spaces, windows, door openings, balconies and porches will be visually compatible with the building size and building mass of historic sites, buildings and structures within a historic district.

Directional expression of front elevation. A building will be visually compatible with the buildings, structures and sites in its directional character: vertical, horizontal or nondirectional.

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

Filing of application for certificate of appropriateness for consideration by the historic design review board and the city council. A pre-application meeting with city staff is encouraged. The purpose of this conference is to discuss the nature of the application as well as its compatibility with the City Code and certificate of appropriateness review criteria.

A completed application for a certificate of appropriateness shall be filed with the historic design review board, c/o City Clerk, Monticello City Hall, at least 35 days prior to the board meeting at which such application is to be considered. An applications may be scheduled for public hearing at a regularly-scheduled meeting of the historic design review board, or, if a regularly scheduled board meeting is more than six weeks away, at a specially-called public meeting of the board, subject to availability of board members.

(b)

Content of application and plans. All applications must be signed by the property owner or duly authorized agent for the property owner. Each application for a certificate of appropriateness shall be accompanied by the required fee, as may be established by city council resolution. A completed application package shall include 15 copies of the application and exhibits. Exhibits should include, at a minimum, detailed plans and elevations of the existing and/or proposed building(s), indicating all dimensions, surface materials, design features and elements, texture, landscaping, and all attachments such as signs, lighting fixtures, balconies, awnings and appurtenances which are attached to the walls or roof. Elevations shall indicate window design and all architectural elements. In addition, exhibits should include a site plan indicating the location of buildings (existing and proposed), streets, sidewalks, parking spaces, fences and other major site features. Detailed photos showing the existing and proposed street elevations are encouraged.

(c)

Public hearings on application for certificates of appropriateness, notices, and right to be heard. At least ten days prior to the meeting to review a certificate of appropriateness, the historic design review board, through city staff, shall provide public notice of the meeting in accordance with F.S. ch. 286, and shall take such action as may reasonably be required to inform, in writing, the owners of any property likely to be affected by reason of the application, and shall give the applicant and such owners an opportunity to be heard.

(d)

Response to application for certificate of appropriateness.

(1)

The historic design review board shall hold a public hearing on the certificate of appropriateness and recommend that the city council approve, or approve with conditions, the application and issue a certificate of appropriateness if it finds that the proposed material changes in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the board shall consider guidelines as outlined in section 54-424, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture, and material of the architectural features involved and the relationship thereof to the exterior architectural style, and pertinent features of the other structures in the immediate neighborhood.

(2)

The historic design review board may recommend that the city council deny a certificate of appropriateness if it finds that the proposed material change in appearance would have substantial adverse effects on the aesthetic, historic, or architectural significance and value of the historic property or the historic district.

(3)

The historic design review board may continue a hearing upon request of the applicant or upon determining that additional information is required.

(e)

City council review of applications for certificates of appropriateness.

(1)

Within 45 days of the rendering by the historic design review board of a recommendation on an application for certificate of appropriateness, the city council shall conduct a publicly-noticed hearing on the application, after which, the city council shall approve, approve with conditions, or disapprove an application for a certificate of appropriateness based on the criteria contained in this section. Evidence of approval shall be by a certificate of appropriateness issued by the city council.

(2)

Except in circumstances in which the city council and an applicant have mutually agreed to extend the time period of reaching a decision, failure of the city council to act within 45 days of its first public hearing on the application for certificate of appropriateness shall constitute approval, and no other evidence of approval shall be needed.

(3)

In the event the city council rejects an application, it shall transmit a record of such actions and reasons to the applicant. The city council may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application. A re-application will be processed in the same manner as a new application, as outlined in this section.

(4)

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the city council shall be binding upon the development administrator or other administrative officer charged with issuing building permits, and, in such a case, no building permit shall be issued. It shall be the responsibility of the city council to provide written notice to the development administrator, or such other administrative officer charged with issuing building permits, of the city council rejection of the application for a certificate of appropriateness.

(f)

Undue hardship. Where, by reason of unusual circumstances, the strict application of any provision of this article would result in an undue hardship upon any owner of a specific property, the city council, in passing upon applications, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty or hardship, provided such variances, modifications, or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the city council may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall be a situation not of the person's own making, which is: (i) a problem unique to a specific property, or (ii) in order to comply with this article, the person will conflict with another ordinance of the city.

(g)

Requirement of conformance with certificate of appropriateness. Work not in accordance with an issued certificate of appropriateness shall be halted before it is completed.

(h)

Certificate of appropriateness void if construction not commenced. A certificate of appropriateness shall become void unless construction is commenced within one year of the date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable at the city council's discretion.

(i)

Recording of applications for certificate of appropriateness. The city council and the board shall each keep a public record of all applications for certificates of appropriateness, and of all proceedings in connection with said application.

(j)

Acquisition of property. The board may, where such action is authorized by the city council, and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, of the property or any interest therein.

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

Authority to comment on demolition or relocation permit applications. The historic design review board and the city council shall have the authority to comment on any request for a permit to demolish or relocate a structure within a historic district, or classified as a historic property.

(b)

Action on permit. The historic design review board shall have the authority to recommend approval or denial of demolition or relocation permits within its jurisdiction to the city council, who shall have the final decision in said matter.

(c)

Review of post-demolition and post-relocation plans. The city council shall not grant demolition permission or relocation permission without reviewing at the same time the plans for the building that would replace the structure being demolished or removed.

(d)

Demolition or relocation criteria. Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the historic deign review board shall make a recommendation to the city council, supported by a written report, whether one or more of the following criteria are met:

(1)

The structure is of such interest or quality that it would reasonably meet national, state, or local criteria for designation as an historic or architectural landmark.

(2)

The structure is of such unusual or uncommon design texture or materials that it could not be reproduced or be reproduced only with great difficulty and expense.

(3)

Retention of the structure would aid substantially in preserving and protecting a structure which meets subsection (1) or (2) of this section.

Where the historic design review board determines that one or more of these criteria are met, no certificate of appropriateness for demolition or relocation shall be recommended.

(4)

Feasible alternatives to demolition or relocation. No certificate of appropriateness for demolition or relocation shall be considered until an applicant has demonstrated that no other feasible alternative to demolition or relocation can be found. The historic design review board and city council may ask interested individuals and organizations for assistance in seeking an alternative to demolition or relocation. On all demolition or relocation applications, the question of economic hardship for the applicant shall be considered, as well as a determination whether the landmark can be put to reasonable beneficial use without the approval of the demolition or relocation application. In the case of an income-producing building, the historic design review board shall also determine whether the applicant can obtain a reasonable return from his or her existing building. The board may ask applicants for additional information to be used in making these determinations including, but not limited to, evidence that the plans for a new building on the site will be implemented. If the applicant fails to establish the lack of a reasonable beneficial use or the lack of a reasonable return, the board shall recommend denial of the demolition or relocation application.

The agency may recommend a certificate of appropriateness for demolition or relocation even though the designated landmark or designated landmark site has reasonable beneficial use if:

a.

The board determines that the property no longer contributes to a historic district or no longer has significance as an historic, architectural or archeological landmark; and

b.

The board determines that the building demolition or relocation on the designated property is required by a community redevelopment plan or the city's comprehensive plan.

(Ord. No. 2013-12, § 1, 10-1-2013)

Ordinary maintenance, including painting or repainting a structure, or repair of any exterior architectural feature in or on historic property, that does not involve a material change in design, material, or outer appearance thereof, is excluded from review.

Nothing in this article shall be construed as to exempt property owners from complying with existing city building codes, or to prevent any property owner from making any use of his or her property not prohibited by other statutes, ordinances, or regulations.

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

Short title. This section shall be known as the "City of Monticello Historic Property Tax Exemption Ordinance."

(b)

Purpose and intent. The purpose of this section is to:

(1)

Provide property owners with a financial incentive for designation of historic properties within the city as provided in chapter 54-457(c);

(2)

Encourage restoration, rehabilitation and renovation of historic buildings and structures within Monticello;

(3)

Stabilize and improve property values and enhance the property tax base of the city by encouraging improvement of designated historic buildings and structures; and

(4)

Improve and maintain the appearance of designated historic properties within the city, thereby enhancing their appeal as places to live, work and visit.

(c)

Definitions. The following words and phrases when used in this chapter shall have the following meanings:

Assessed value shall mean the determination of the value of an improvement or property by the Jefferson County Property Appraiser in the manner provided by law.

Contributing property shall mean property that adds to the sense of time, place and historical development of the city by virtue of its location, design, setting, materials, workmanship, feeling and association, and was deemed as such at the time of designation.

Eligible property means (1) a property designated as a designated historic property or a contributing property within the Monticello Historic District, and (2) the property must have been renovated after the date of adoption of the ordinance from which this section is derived.

Preservation exemption covenant means the historic preservation property tax exemption covenant, a form which complies with applicable Florida Statutes and accompanying rules, an agreement made between the property owner and the city indicating that the owner agrees to maintain and repair the property so as to retain the architectural and historical integrity of the property during the exemption period.

Qualifying improvement means any change in the condition of any eligible real property brought about by a minimum expenditure of $5,000.00 in labor or for purchase of materials for exterior or structural interior restoration, renovation, or rehabilitation of the property. Improvements shall include additions and accessory structures (i.e., a garage, cabana, guest cottage, storage/utility structure) so long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design and materials, and preserves the historic relationship between a building or buildings, landscape features and open space.

(d)

Historic preservation property tax exemption. The owners of qualifying properties who have met all requirements outlined in this section shall receive an exemption of 100 percent of the increase in assessed value of ad valorem taxes levied by the city which result from the restoration, renovation or rehabilitation of such buildings or structures for the duration of the exemption period. The amount of exemption shall be determined by the Property Appraiser for Jefferson County, Florida based on the typical post-construction inspection and appraisal. Applications for preconstruction and completed work shall be reviewed by the historic design review board, and such board shall make its recommendations to the city council regarding the granting or denying of such request for exemption. The historic preservation property tax exemption for a specific property shall be granted, upon review and consideration, by resolution of the city council.

The tax exemptions allowed herein apply only to ad valorem taxes assessed by the city. The exemption does not apply to taxes levied for the payment of bonds, to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution, or to improvements made prior to the adoption of this section.

(e)

Exemption Period. The exemption period shall be ten years, beginning on January 1 after all three of the following events have occurred:

(1)

Issuance of a certificate of occupancy by appropriate permitting official;

(2)

Final approval of the restoration, renovation or rehabilitation work has been granted by the city council; and

(3)

Written notice stating the exemption is in effect has been forwarded by the city and received by the Property Appraiser for Jefferson County. The exemption shall continue regardless of any change in the authority of the city to grant exemptions or any changes in ownership of the property. In order to retain an exemption, however, the historic character of the property and improvements which qualified the property for an exemption must be maintained over the period for which the exemption was granted.

In the situation that a property owned by an organization or government entity exempt from the payment of ad valorem taxes, is subsequently sold to an owner not exempt from the payment of ad valorem taxes, the latter owner shall receive the exemption for the remainder of the exemption period provided that the former owner met all requirements outlined by this section.

(f)

Application for historic property tax exemption. Application for the historic rehabilitation tax exemption shall be made on appropriate forms obtained from the city, and application shall be made by the owner of record or a duly authorized agent of the owner. Only expenditures made to contributing properties after the effective date of this section shall be reviewed by the historic design review board and city council. The application form shall contain all the information required by the Florida Department of State, Division of Historical Resources, promulgated in accordance with Rule 1A-38, Florida Administrative Code, and shall include additional information regarding the documentation of the cost of qualifying improvements. All forms and procedures shall be provided in writing by the city to any prospective applicant.

Each applicant shall also be provided a copy of the preservation exemption covenant, and an explanation of the requirement that the covenant must be signed before a final application can be approved by the city council.

The application shall consist of the following parts:

1.

Preconstruction application. The preconstruction application form shall be filed with the city before any work begins, and shall include, but not be limited to the following: information sufficient to determine if the subject property is an eligible property; information sufficient to determine if the proposed project will be a qualifying improvement; photographs documenting existing conditions of the property; information outlining construction estimates for the proposed project; and a copy of the latest tax bill issued by the Property Appraiser for Jefferson County, Florida.

If all or part of the proposed work involves exterior work requiring a certificate of appropriateness under section 54-424 of the Land Development Regulations, the exterior portion of the work shall be reviewed in accordance with any design guidelines associated with that Code. The preconstruction application process may be initiated and reviewed simultaneously with the procedure for issuance of a certificate of appropriateness, but no preconstruction application shall be approved by the city council until the process for issuance of a certificate of appropriateness has been completed.

2.

Review of preconstruction application. The preconstruction application shall be reviewed by the City of Monticello Historic Design Review Board at any regular or special meeting of such board. If applicable, review of the preconstruction application can be combined with the review and consideration of issuance of a certificate of appropriateness by the board. The historic design review board shall make a determination of whether or not the proposed project will be a qualifying improvement as defined by this section; and whether or not the work, as proposed, is in compliance with applicable review standards.

If the board finds, by majority vote, that the proposed project is a qualifying improvement and that the work proposed is in compliance with applicable review standards, the board shall forward the recommendation to the city council for review and approval. If the board finds, by majority vote, that the proposed project is either not a qualifying improvement, or is not in compliance with applicable review standards, the board shall advise the applicant as to the changes necessary to make it a qualifying improvement and the board's recommendations to bring the project in compliance with applicable review standards. The applicant may resubmit the preconstruction application for further review at a future regular or special meeting of the historic design review board.

3.

Presence of property owner or designated agent at preconstruction application review required. During the preconstruction application review process, the property owner shall appear before the board to discuss the proposed improvements and effect of those improvements on ad valorem assessment. The board encourages property owners to also meet with the property appraiser to review the proposed improvements and valuation practices to determine specific ad valorem tax benefits which may be anticipated.

4.

Review of application for completed work. application for review of completed work shall be made by the applicant upon completion of all work items summarized in the preconstruction application. This form shall be submitted to the historic design review board for review at a regular or special meeting of said board. At this meeting, the board shall determine if the work, as completed, is consistent with the work that was proposed in the preconstruction application. The content of the application for completed work shall include information sufficient to determine if the completed work is consistent with work as proposed in the preconstruction application, including photographs and shall contain information documenting the total cost of the project. A copy of the building permit and certificate of occupancy issued by the Jefferson County Building Department for the completed work must also be submitted.

If the board finds, by majority vote, that the completed work is consistent with the preconstruction application, then the application for review of completed work shall be approved by the board and forwarded to the city council with its recommendation that the city council grant the exemption. No final application shall be approved by the city council unless it is accompanied by a signed preservation exemption covenant.

If the board finds, by majority vote, that the completed project is not consistent with the work proposed in the preconstruction application, the board shall advise the applicant as to the changes necessary to make it consistent. The applicant shall have 60 days to bring said work into compliance. After this 60 day period the board shall review the information provided by the applicant to demonstrate compliance. If, to the satisfaction of a majority of the board, the completed work is consistent with the preconstruction application, then the application for review of completed work shall be approved by the board and the board shall forward its recommendation to the city council that the exemption be granted. If the board decides by majority vote that the work is not consistent, then the board shall recommend to the city council that it deny the request for tax exemption.

Written notice shall be made to the applicant in reference to each application after a recommendation or final decision has been made by the historic design review board and the city council. Each written notice shall include reasons for the decision and recommendations for changes to the proposed improvement project that will make it a qualifying improvement.

(g)

Appeals. The applicant may appeal any decision of the historic design review board to the city council. The applicant may appeal any decision of the city council reference this section to a court of competent jurisdiction.

(h)

Notice to property appraiser. Within three working days following adoption of a resolution by the city council granting the historic preservation property tax exemption, the city clerk shall transmit a copy of the resolution, the preservation exemption covenant, and the final application to the Property Appraiser for Jefferson County, with instructions that the property appraiser provide the historic preservation property tax exemption to the applicant.

(i)

Revocation proceedings.

1.

Failure to maintain property. The city manager or his designee may initiate proceedings to revoke the historic preservation property tax exemption in the event that the applicant, or any subsequent owner or successor in interest to the property, fails to maintain the property according to the terms, conditions and standards of the preservation exemption covenant. Proceedings under this section may also be initiated following a finding by the city manager, county building inspector or police chief, or their authorized designees, that a housing code or building code violation has occurred. The historic preservation board shall provide notice to the current owner of record, hold a hearing and make a recommendation to the city council. The city council shall review the recommendation and make a determination as to whether or not the exemption should be revoked.

2.

Notice to property appraiser of revocation. Upon a determination by the city council that the historic preservation property tax exemption shall be revoked, the city clerk shall provide written notice of the decision to the property owner of record as well as to the Property Appraiser of Jefferson County. The notice to the owner of record shall be accompanied by reasons and recommendations for change to the property that may result in reinstatement of the exemption. Upon receipt of a notice of revocation, the Property Appraiser of Jefferson County shall discontinue the historic preservation property tax exemption on the property as of January 1 of the year following receipt of the notice of revocation.

3.

Reinstatement. A property may be reinstated for the historic preservation property tax exemption upon satisfactory submission of evidence that the recommendations for change to the property previously noted by the city council during revocation hearings have been completed. The process for reinstatement shall be the same as the process for review of the application for review of completed work. Upon completion of the reinstatement process, the city clerk shall notify the property appraiser per section (i)2. above. The historic preservation property tax exemption shall only be reinstated for the remaining unexpired term of the initial exemption period.

(Ord. No. 2019-04, § 1, 7-2-2019)

Editor's note— Ord. No. 2019-04, § 1, adopted July 2, 2019, repealed the former § 54-428 and enacted a new § 54-428 as set out herein. The former § 54-428 pertained to historic preservation strategies and incentives and derived from Ord. No. 2013-12, § 1, adopted Oct. 1, 2013.

The federal historic preservation tax incentives program encourages private sector investment in the rehabilitation and re-use of historic buildings. The National Park Service and the Internal Revenue Service administer the program as established in Section 48(g) of the Internal Revenue Code, and in partnership with the State of Florida Historic Preservation Office. Applicants seeking to apply for federal tax incentives should coordinate rehabilitation planning with the city historic design review board as part of the application process.

(Ord. No. 2019-04, § 2, 7-2-2019)

Editor's note— Ord. No. 2019-04, § 2, adopted July 2, 2019, renumbered the previous § 54-429 as 54-431 and created a new § 54-429 as set out herein.

(a)

The following shall apply to maintenance and repair of historic property or contributing structures in a designated historic district, as well as any other historic property designated as such by the city:

(1)

The owner, lessee, or other person in physical control of the structure shall comply with all applicable codes, laws and regulations governing the maintenance and safety of property including, but not limited to, city ordinances, as applicable. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of a structure designated as a historic structure or a contributing structure to a historic district, and the interior portions thereof when such preservation is necessary to prevent deterioration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration, and shall be free from structural damage through prompt correction of any of the following defects:

a.

Facades which may fall and injure members of the public or property;

b.

Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

c.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members, which sag, split, or buckle due to defective material or deterioration;

d.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

e.

Any fault or defect in the building which renders it not properly watertight or structurally unsafe; and

f.

Any other fault or defect in the building which may render such structure unsafe.

(b)

In the event that a historic property or contributing structure in a designated historic district, or any other historic property designated as such by the city, is not in good repair and appears to be in the course of being demolished by neglect, the owner of record shall be notified by the historic design review board of the condition of the structure and the items in need of repair. The board shall request a meeting with the owner of the historic property and, if appropriate, the tenant. At such meeting, the board shall present ways to improve the condition of the property. If the owner and/or tenant does not meet with the board, or otherwise fails to take action to improve the condition of the property, the board shall notify the code enforcement officer and request that he/she conduct an investigation. Upon receipt of such notification, the code enforcement officer shall conduct an investigation, and thereafter take such action(s) as that officer deems appropriate, including reporting any apparent violations of state law to the appropriate official(s).

(Ord. No. 2018-07, § 2, 6-5-2018)

Appeals may be taken by aggrieved persons from the decisions of the city council in the manner provided by law.

(Ord. No. 2013-12, § 1, 10-1-2013)

Editor's note— See editor's note at 54-429.

The title of the board established by this division shall be the "Monticello Historic Design Review Board." Board members shall be appointed in accordance with section 54-452 and will have advisory authority in recommending historic property and historic district designation; providing recommendation to the city council on applications for certificate of appropriateness and applications for demolition or structure relocation; and other powers as outlined in section 54-456. The area of geographic responsibility of the historic design review board shall be coterminous with the boundaries of the City of Monticello. Board responsibilities shall be complementary to those of the state historic preservation office.

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

Membership. The historic design review board shall consist of seven members appointed by the city council. Board members shall own property in and be residents of the city. Board members shall have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources. At least one member shall be an architect if such an individual is reasonably available to serve.

(b)

Term of office. Members shall serve staggered four-year terms. There is no limit on the number of consecutive terms which may be served.

(c)

Appropriations. Members shall not receive a salary, although they may be reimbursed for expenses if prior approval is given by the mayor and city council. The city council shall also make available to the historic design review board such appropriations as it may see fit for expenses necessary in the conduct of historic design review board work or to carry out delegated responsibilities of the board.

(d)

Continuing education. Each board member should make a reasonable effort to attend state historic preservation office training programs.

(e)

Participation in planning and survey activities. Board members are encouraged to participate in city land use and planning activities and to assist in the efforts of the city and community historic preservation organizations in research and survey of historic properties.

(f)

Officers. The historic design review board shall elect from within the board a chair, who shall be the presiding member; a vice-chair, who shall preside in the chair's absence of disqualification. The city clerk shall serve as the secretary for the historic design review board. Terms of all elected officers shall be for one year, and officers may serve unlimited consecutive terms.

(g)

Disqualification of members. If any member of the historic design review board shall find that his or her private or personal interests are involved in a matter coming before the historic design review board, he or she shall disqualify himself or herself from all participation in that case. No member of the historic design review board shall appear before the historic design review board as agent or attorney for any person.

(h)

Vacancies. Vacancies on the board shall be filled by the city council within 60 days.

(i)

Removal of member for cause or for absenteeism. Members of the historic design review board may be removed for cause by the city council after filing of written charges, a public hearing, and a majority vote of the city council. Failure of any member to attend three consecutive regular meetings of the board without being excused by the board shall automatically be considered forfeiture of the office.

(Ord. No. 2013-12, § 1, 10-1-2013)

The board shall adopt rules for the transaction of its business and consideration of recommendations of applications, and shall provide for the time and place of regular meetings, and for the calling of special meetings. The board shall have the flexibility to adopt rules of procedure without amendment to this article. Such rules of procedure shall be available in written form for public inspection and to persons appearing before the historic design review board.

(Ord. No. 2013-12, § 1, 10-1-2013)

The historic design review board shall meet at least four times per year at regular intervals at the call of the chair, or at the written request of a majority of members, and/or within 45 days after receipt of a matter to be acted upon by the historic design review board. A majority of the appointed regular members of the board shall constitute a quorum.

All meetings of the historic design review board shall be public and have a publicly available agenda prior to the meeting. All decisions of the board shall be made in a public forum. A record of all its resolutions, transactions, findings, and determinations shall be made, which record shall be a public record on file in city hall [in] the office of the city clerk.

(Ord. No. 2013-12, § 1, 10-1-2013)

During any period in which the city is designated as a certified local government by the State of Florida, the city shall make available sufficient staff to undertake the delegated responsibilities of the historic design review board, including the reporting requirements as follows:

(1)

Provide the state historic preservation officer with 30 calendar days prior notice of all four regular meetings of the board and provide the state historic preservation officer with agendas of all meetings.

(2)

Submit minutes of each meeting to the state historic preservation officer within 30 calendar days.

(3)

Submit record of attendance of the historic design review board member to the state historic preservation officer within 30 calendar days after each meeting.

(4)

Submit public attendance figures for each meeting to the state historic preservation officer within 30 calendar days after each meeting.

(5)

Notify the state historic preservation officer of change in board membership within 30 calendar days of action.

(6)

Notify the state historic preservation officer immediately of all new historic designations or alterations to existing designations. Such inventory materials shall be compatible with the Florida Site File.

(7)

Submit amendments to the City of Monticello historic preservation code to the state historic preservation officer for review and comment at least 30 calendar days prior to adoption.

(8)

Submit an annual report by November 1 of each year covering activities of previous October 1 through September 30 which includes, at a minimum, the following:

a.

A copy of the rules of procedure.

b.

A copy of the City of Monticello historic preservation code.

c.

Resume of historic design review board members.

d.

Changes to the membership of the historic design review board.

e.

New local historic district or historic property designations.

f.

New National Register listings.

g.

Review of survey and inventory activity with a description of the system used.

h.

Program report on each grant-assisted activity.

i.

Number of projects reviewed.

(Ord. No. 2013-12, § 1, 10-1-2013)

The historic design review board shall be authorized to:

(1)

Prepare an inventory of all historic properties within its respective historic preservation jurisdiction and make such inventory open to the public.

(2)

Recommend to the city council specific places, districts, sites, buildings, structures or boundary changes relating to the historic district.

(3)

Review applications for alterations, relocations, demolitions and new construction or other activities that may affect locally designated historic properties.

(4)

Recommend to the city council that the historic designation of any place, district, site, building or structure be revoked or removed, for cause.

(5)

Make recommendations on the restoration or preservation of any historic properties acquired by the city.

(6)

Conduct educational programs on historic properties located within its historic preservation jurisdiction, and participate in survey and planning activities of the certified local government program.

(7)

Make such investigations and studies of matters relating to historic preservation as the local governing body or the board itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources.

(8)

Recommend design guidelines for historic properties or districts.

(9)

Perform historic preservation activities as the official agency of the city's historic preservation program.

(10)

Make recommendations regarding the receipt of donations, grants, funds or gifts of historic property. The board shall not obligate the city council without prior consent.

(Ord. No. 2013-12, § 1, 10-1-2013)

(a)

Preliminary research by historic design review board.

(1)

The board, upon city council approval, shall have the authority to compile and collect information and conduct surveys of historic resources within the city. Duplicates of all inventory materials will be provided to the state historic preservation office.

(2)

The board may prepare formal nominations when proposing historic districts or historic properties. These nominations shall be used to educate the community and to provide a permanent record of the designated properties. The nomination of structures to the National Register of Historic Places shall follow the federal guidelines for such actions as outlined in section 54-458.

(3)

When considering National Register nomination proposals and other actions that may impact properties which are normally evaluated by a professional in such discipline before rendering a decision, the board may seek expertise in this area before rendering a decision. This can be accomplished through consulting (e.g. universities, private preservation organizations, or regional planning commissions) or by other means that the state historic preservation officer determines appropriate.

(b)

Designation of historic districts and historic properties.

(1)

Boundaries shall be clearly defined for historic districts and historic properties. The boundaries shall be shown on maps and/or the official zoning map of the city.

(2)

Individual properties within historic districts shall be classified as:

a.

Historic (more than 50 years old);

b.

Nonhistoric (less than 50 years old, yet possessing architectural character);

c.

Intrusion (structures less than 50 years old which do not contribute to the historical character of the district).

(c)

Designation standards.

(1)

To qualify as a historic property or historic district, individual properties, structures, sites or buildings, or groups of properties, structures, sites or buildings will have significant character, interest or value as part of the historical, cultural, aesthetic and architectural heritage of the city, state or nation. To qualify as a historic property or historic district, said property or properties must fulfill one or more of the criteria set forth below.

(2)

A building, structure, site or district will be deemed to have historical or cultural significance if it meets the following criteria:

a.

Is associated in a significant way with the life or activities of a major person important in city, state or national history (i.e., the homestead of a local founding family);

b.

Is the site of a historic event with significant effect upon the city, state or nation;

c.

Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political;

d.

Exemplifies the historical, political, cultural, economic or social trends of the community in history; or

e.

Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city.

(3)

A building, structure, site or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria:

a.

Portrays the environment in an era of history characterized by one or more distinctive architectural styles;

b.

Embodies those distinguishing characteristics of an architectural style, period or method of construction;

c.

Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or

d.

Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the North Florida environment.

(4)

A building, structure, site, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the U.S. Department of the Interior under the Historic Preservation Act of 1966, as amended.

(d)

General matters affecting designation of both historic districts and historic properties.

(1)

Making application for designation of historic district or historic property.

a.

An historical society, neighborhood association, with affected property owners' consent, or a group of two or more consenting property owners may apply for historic district designation.

b.

A property owner may apply for historic property designation.

c.

The application shall be on a form prescribed by the city for such purposes, and shall be accompanied by the appropriate fee. The fee shall be adopted by the city council by resolution, and may be revised from time to time as the council deems appropriate.

(2)

When the completed application and the appropriate fee have been submitted to the city, the board shall review the application at a public hearing. The board may review several applications at one hearing. Notice of the hearing shall be published in one issue of a newspaper of general paid circulation in the county and of general interest and readership in the community at least five days prior to said hearing.

Following the public hearing, the board shall make a recommendation to the city council for approval or rejection of the application(s). If the board votes to approve the application(s), it shall submit its recommendation to the city council for a proposed ordinance for designation of the historic district(s) or historic property or properties.

(3)

A decision to accept or reject the recommendation of the board shall be made at a regularly scheduled meeting of the city council. If the recommendation is accepted by the city council, an ordinance shall be adopted by the council designating the historic district(s) or the historic property or historic properties.

(4)

The city council shall hold a public hearing on the proposed ordinance for designation. Notice of the hearing shall be published in two consecutive issues of a newspaper of general paid circulation in the county and of general interest and readership in the community, and written notice of the hearing shall be delivered or mailed to all owners and occupants of subject properties. All such notices shall be published, delivered or mailed not more than 20 days prior to the date set for the public hearing. A letter sent via the United States Mail to the last-known owner of the property shall constitute legal notification under this article.

(5)

Any ordinance designating any property or district as historic district or historic property shall identify each property to be designated by street address, set forth the name of the owner of the designated property or properties, and require that a certificate of appropriateness be obtained from the city prior to any material change in appearance of the designated property.

(6)

Any ordinance designating any property or district as historic district or historic property shall require that the designated property or district be shown on the official zoning map of the city and kept as a public record to provide notice of such designation.

(7)

Within 30 days immediately following the adoption of the ordinance for designation, the owners and occupants of each designated historic property, and the owners and occupants of each designated property located within a designated historic district, shall be given written notification of such designation by the city council, which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district.

(8)

The city council shall notify all necessary agencies within the city of the ordinance for designation, including local historical organizations.

(9)

The city council has the authority to amend and/or rescind the local designation as necessary.

(10)

Upon denial of an application for designation, there shall be a 12-month waiting period before any applicant may resubmit the proposal unless the agency waives said waiting period based on consideration of the following factors:

a.

There is presented new evidence bearing upon the subject matter of the written petition which could not reasonably have been presented to the agency at the time of the previous hearing on the written petition; or

b.

Failure to waive said 12-month waiting period constitutes a hardship to the applicant resulting from an inadvertent mistake in the written petition.

(Ord. No. 2013-12, § 1, 10-1-2013)

The historic design review board, when acting under the designation as a certified local government program, will be responsible for developing or receiving documentation necessary to nominate properties within the district or local properties designated as historic properties to the National Register. The board shall:

(1)

Evaluate nomination proposals received for completeness in a timely manner. Should be nomination proposal not be technically complete, the board shall notify the proposal's sponsor in writing, identifying the technical deficiencies, with 30 days after receipt of the nomination proposal.

(2)

If the nomination is technically complete, the historic design review board shall consider the nomination proposal, either on its regular agenda, or at a specially called meeting. Notification of its intention to consider a nomination proposal shall be provided at least 30 days, but not more than 75 days, prior to the board meeting at which the nomination proposal will be considered to the following:

a.

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 listed, each separate owner shall be notified.

b.

The chairman of the Jefferson County Board of County Commissioners and mayor of the City of Monticello. Within 30 days after receipt of the nomination proposal, the chairman of the board of county commissioners and mayor shall submit, in writing, to the historic design review board, a recommendation as to whether or not the property shall be nominated to the National Register.

c.

State historic preservation officer.

(3)

Nomination proposals shall be considered by the historic design review board at an advertised public meeting, and all votes on nomination proposals shall be recorded and made a part of the permanent record of the commission meeting. All nomination proposals shall be forwarded, with a record of official action taken by the historic design review board and the recommendation of the mayor and chairman of the board of county commissioners, to the state historic preservation officer within 30 days after the historic design review board meeting at which they were considered. If either the historic design review board or chairman of the board of county commissioners or the mayor, or all, support the nomination, the state historic preservation officer shall schedule the nomination proposal for consideration by the Florida National Register Review Board as part of the normal course of business at the next regular meeting.

(4)

Any person or organization which supports or opposes the nomination of a property to the National Register shall be afforded the opportunity to make its views known in writing. Objection by a property owner to nomination to the National Register must be notarized. All correspondence or other filings regarding a nomination proposal shall become part of the permanent record concerning that proposal and shall be forwarded by the historic design review board to the state historic preservation officer.

(5)

Nomination proposals to be considered by the historic design review board shall be on file at city hall and available for public access for at least 30 days but not more than 75 days prior to the board meeting at which they will be considered. A copy shall be made available by mail when requested by the public,

(6)

Any person may appeal the historic design review board decision regarding a national register nomination by filing such appeal to the state historic preservation officer within 30 days of receipt of the written decision of the historic design review board.

(7)

Certified local government review and notification procedures do not apply when a federal agency nominates a property under its ownership or control.

(Ord. No. 2013-12, § 1, 10-1-2013)