QUESTIONS AND ANSWERS
ABOUT THE
LOCAL DESIGNATION PROCESS

Visit our Web site at: www.taltrust.org

Prepared By
Tallahassee Trust for Historic Preservation, Inc.
423 East Virginia Street
Tallahassee, FL  32310-4808
Tel: 850-488-7334     Fax: 850-488-7333

April 10, 2000

Review the Tallahassee-Leon County Local Register of Historic Places and Historic Preservation Overlay Properties

One of the services that the TTHP provides the community is to staff the Tallahassee-Leon County Architectural Review Board (ARB). The ARB is a city/county appointed board that makes recommendation to the City Commission on listing properties on the Tallahassee-Leon County Local Register of Historic Places. The recommendation of the ARB is forwarded to the Planning Commission for its recommendation to the City Commission to rezone the property Historic Preservation Overlay. The City Commission makes the final decision in the process. This section of our webpage will provide you with an update on the recommendations made by the City Commission. If you have any questions, please give the TTHP staff a call at (850) 488-7334.

Q: Why have Historic Preservation Ordinances been adopted in Tallahassee and Leon County?
A: Historic resources are distinguished as being irreplaceable, non-renewable resources that provide a tangible link to our past and aid in retaining the unique character, beauty, and economic well-being of our community.

Local governments, statewide and nationally, have realized the need for and have taken the responsibility to protect and manage its historic resources through the adoption of local legislation. Historic preservation ordinances give historic properties the most protection. The ordinances provide a means for the identification and protection of historic resources in the City and the County that are worthy of public recognition and preservation for the benefit of future generations.

Because of Tallahassee and Leon County’s growth and development pressures and realizing the need to sustain its rich cultural offerings, the Tallahassee City Commission and the Leon County Board of County Commissioners adopted historic preservation ordinances to protect its most valuable resources.  Currently fifty-five properties, mostly located within the Calhoun Street and Park Avenue Historic Districts, have been locally designated and are protected under local legislation.

Q: What is the Tallahassee-Leon County Architectural Review Board (ARB)
A: This is a 10 member advisory board appointed by the City and County Commissions for staggered terms of three years.  As set forth in the Historic Preservation Ordinances, the primary responsibility of the ARB is to review major exterior alterations, additions, new construction, demolitions, and relocations of historic properties that have been locally designated. The ARB meets on the first Wednesday of each month.

Q: What is the Local Register of Historic Places?
A: Historic resources generally consist of buildings, sites, districts, structures or objects.  The Local Register is an official list of those historic resources that are given official local recognition as having architectural, historical and/or archaeological significance.  Resources must undergo a local designation process and meet certain evaluation criteria in order to be listed on the Local Register. Locally designated resources make up the Local Register.
 
Q: How does the ARB decide which properties may be listed on the Local Register of Historic Places?
A: The ARB follows the criteria set forth in Sections 10.4 D and 4.5 of Chapter 27 of the Code of Ordinances, City of Tallahassee to evaluate the historic significance of properties nominated to the Local Register.  These criteria parallel the National Register criteria.  For example, properties should be fifty years or older to be eligible for local designation as a contributing building to a historic district.

Q: How are historic properties listed on the Local Register?
A: Placement of historic properties on the Local Register may be initiated by the City or County Commissions, the Tallahassee Trust for Historic Preservation, Inc., (TTHP) the ARB, or the Tallahassee-Leon County Planning Commission.  In addition, placement may be initiated by the owner of the historic property; or, in the case of a district, by the owner of a historic property within the proposed district.  The TTHP or the ARB may only initiate placement on the local register with the advice and consent of the property owner.

PROCEDURE:

A nomination form, available from the ARB, shall be completed by the applicant and returned to the ARB. 

Upon receipt of a completed nomination form, including documentation, the local Historic Preservation Officer, who serves as staff for the ARB, shall place the nomination on the agenda of the next regularly scheduled meeting of the ARB.  If the next regularly scheduled meeting of the ARB is too close at hand to allow the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting.

Adequate notice of the ARB’s consideration of the nomination shall be provided to the public at large, to owner(s) of property within five hundred (500) feet of the nominated property(s), and to the owner(s) of the nominated property(s), at least fifteen (15) days in advance of the meeting at which the nomination will be considered by the ARB.

The TTHP shall be asked to forward its recommendation on the nomination to the ARB.  The ARB shall, within thirty (30) days from the date of the meeting at which the nomination is first on the agenda, review the nomination and prepare a recommendation thereon.  The recommendation shall include specific findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the Local Register.  The recommendation shall also include any owner’s objection to the listing.  If the nomination is of a district, the recommendation shall also clearly specify, through the use of maps, lists, or other means, those historic properties that are classified as contributing to the historical significance of the district.

If the thirty-day period runs and the ARB has not prepared and sent a recommendation, and the period is not extended by mutual consent of the applicant and the ARB, the nomination may be submitted by the applicant directly to the Planning Commission.  The nomination form and the ARB’s recommendation shall be sent to the Planning Commission.  The nomination shall then be handled as any other rezoning.

Q: Who could assist me in filling out the appropriate Local Register Nomination Form?
A: Call the local Historic Preservation Officer at 850-488-7334.  The Preservation Officer can advise you of the eligibility of your property for listing on the Local Register. 

Q: What are the advantages and incentive of listing having your property listed on the Local Register?
A: Ad Valorem Tax Exemption – Properties listed on the National Register or properties that are locally designated under the local historic preservation ordinance and are used commercially or by certain not-for-profits are eligible for a 50% ad valorem tax exemption.

City of Tallahassee Historic Preservation Grant and Loan Interest Loan Program – Properties that are listed on the Local Register of Historic Places are eligible to apply for a city grant and low interest loan to restore or to rehabilitate  properties.

Modification of Zoning Requirements – The zoning designation of properties listed on the Local Register will be modified by giving it Historic Preservation Overlay (HPO) designation.

Modification of Standard Building Code Requirements – The City Building Official is authorized to allow flexibility in the application of the Standard Building code on locally designated historic resources.  In other words, all of the code standards may not necessarily apply to alterations, repair, enlargement, restoration, relocation, or moving an officially designated historic property if the building official deems the proposed action safe. After reviewing drawings submitted by an architect or engineer, the Building Official may make the decision that, although the design is not standard, it is still safe and approvable.

Local Recognition – The City and County may issue a Certificate of Historic Significance to owners of properties listed on the Local Register.

Enhancement of property values and stabilization of neighborhoods.

Economic and educational benefits to Tallahassee and Leon county residents.

Available Incentives – (a) exemption from on-site parking and loading requirements; (b) exemption from City environmental management review fees; (c) exemption from a variety of City of Tallahassee permit fees, including building, plumbing, electrical, mechanical, fire, roofing, gas, re-inspection, landscape, stormwater, variance, tree removal permit fees, and rezoning fees; (d) exemption from City of Tallahassee occupational license fees; and (e) variances from development standards, under Section 10.4 D. 4. e. (5) of Chapter 27, City Code of Ordinances.

Q: Are properties already listed on the National Register of Historic Places eligible for the same benefits as Local Register properties?
A: No. Properties listed on the National Register of Historic Places and that are income producing (used for commercial use) may be eligible for a 20% federal tax credit for rehabilitating properties.  However, National Register properties are not protected from demolition and local development projects. Properties must be listed on the Local Register (locally designated) to be eligible for local economic incentives and local advantages such as the city grant and loan funds and honorary activities associated with local recognition.

Q: If a property listed on the Local Register is offered for sale, what are the implications to the prospective owner?
A: The buyer of a single-family home could benefit from the increase in property value and the stabilization of the neighborhood as a result of inclusion on the Local Register.

A buyer interested in keeping or adapting a property for commercial or multi-family use would be interested in knowing whether the property is located in a Local Register district because of possible federal tax benefits.

The Local Register designation remains with the property when it is sold, passing from owner to owner.

Q: Will listing on the Local Register cause the value of my property to decline and make it harder for me to sell?
A: The historic designation of a property will not necessarily cause the value of a property to decline or to increase.  In the long run, however, the value of the property may increase dramatically.  Many buyers will pay a premium for the special recognition that the Local Register listing brings, as well as for the additional protection Local Register listing offers. Buyers will recognize that some of the things that attracted them to the property today will be here tomorrow.

In addition, the designation of a Local Register district fosters neighborhood cohesion and identity.  Owners take pride in their property, maintenance improves, and there is an increased sense of neighborly concern.

A U.S. Department of Interior study of the effects of designation in 235 districts showed that between 1974 and 1978, property values in historic districts appreciated 40% annually, while the national average appreciation was only 8%.

*Property in Portsmouth, Virginia’s “Olde Towne” historic district, has increased at twice the rate of similar property in that city.  A local agency keeps a waiting list of people who wish to buy property there – the demand has been much greater than the supply.

*In Alexandria, Virginia, unrestored buildings are worth 2 ½ times those outside of the historic district.

*Residential property in Georgetown Historic District is valued at more than three times similar residential property in Washington, D.C.

*Restored houses in Richmond, Virginia’s St. John Historic District sell for 5 and 6 times the value of similar unrestored homes.

Q: What if I don’t agree with the City’s decision to nominate my property for listing on the Local Register?
A: The ARB, the Tallahassee-Leon County Planning Commission, and the City and County Commissions will make every effort to respect the views of the current property owner when making its decision concerning nomination.  The property owner will be provided the opportunity to comment upon and to object to nomination throughout the nomination/rezoning process.  However, the ARB, the Planning Commission, and the City and County Commissions are charged with the responsibility of acting in the community’s best interest and may occasionally nominate a property contrary to the wishes of its owners.  Any such decision of the Board may be appealed to the court with proper jurisdiction.

Q: Is nomination unconstitutional?
A: No.  Although a government can’t prevent a property owner from using his or her property, it can determine (in the interest of the people of the City and County) how that property is used.  Tallahassee and Leon County Ordinances review the physical appearance of historical property in the interest of present and future citizens of the community.

The United States Supreme Court has held that preservation of historic properties is a valid governmental purpose, and that this type of ordinance is constitutional.  The Court declared that “…States and cities may enact land-use restrictions or controls to enhance the quality of life by preserving the character and desirable aesthetic features of a city…” and the “…objective of preserving structures and areas with specific historic, architectural, or cultural significance is an entirely permissible goal.”  In 1978, these matters were appealed to the U.S. Supreme Court in the case of Penn Central Transportation Company v. The City of New York, 438 U.S. 103.  The Supreme Court accepted “the judgement of the New York City Council that the preservation of landmarks benefits all New York citizens and all structures, both economically and by improving the quality of life in the city as a whole..”

Q: What is a Certificate of Appropriateness (COA)?
A: If you are considering some type of major exterior alteration of a property listed on the Local Register, a COA issued by the ARB may be required before you can obtain a building or demolition permit.  The type of alteration will determine if a COA is required.

Q: When is a COA required?
A: Property listed on the Local Register will be classified as either significant, contributing, or non-contributing.  This classification will determine when a COA is required.  All properties listed individually on the Local Register are classified as significant and, therefore, require a COA in conjunction with building permits for material alteration to the exterior of the structure, demolition, relocation, and additions to existing structures.  Significant properties within a historic district on the Local Register require a COA for exterior material alteration.  Both significant and contributing structures within a historic district on the Local Register require a COA for demolition and relocation.  The erection of a new building within a historic district also requires a COA.

Examples of construction activities that require a COA include the changing of the building’s EXTERIOR distinguishable character defining architectural features. These would include changing the roofing or siding material, changing, eliminating or adding doors, doorframes, windows, window frames, shutters, fences, railings, porches, balconies, or other ornamentation.

Q: When is a COA not required?
A: A COA is not required for ordinary maintenance.  The Preservation Ordinance defines ordinary maintenance as “work done to repair damage or prevent deterioration or decay of a building or structure as nearly as practicable to its condition prior to such damage, deterioration, or decay.”  An example of this would include repairing rotted wood and reroofing with similar material.

Q: How do I get a COA?
A: Before you begin planning alteration, construction, demolition, or relocation activity regarding property listed on the Local Register, call the local Historic Preservation Officer at 850-488-7334.  The Preservation Officer will help you with your project and advise you on the procedures for getting a COA, should one be required.  If a COA is necessary to obtain a building permit, a pre-application meeting with the Preservation Officer should be requested.  Once your application for a COA is complete, a public hearing of the ARB will be scheduled within 30 days.

Q: What happens at a COA hearing?
A: Once a completed COA application has been submitted to the local Historic Preservation Officer, it is forwarded to the ARB for review at its next public meeting.  Notice is sent out and interested parties may attend the meeting and express their views.  The decision to approve or deny the application for a COA is based on The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (See Standards.)

The Secretary of the Interior’s Standards for Rehabilitation were developed by the United States Department of the Interior as a guide for appropriately rehabilitating and caring for irreplaceable historic resources.  They consist of 10 basic broad building standards that allow buildings to be changed to meet contemporary needs, while ensuring that those features that make the buildings historically and architecturally distinctive are preserved.  It should be noted that, these Standards are not recommended for doing accurate restorations and are only recommended to be used as a practical guide for private property owners in doing necessary rehabilitation and maintenance work to their buildings.  Following these guidelines ensures that inappropriate changes to a historic property do not occur.

The action taken by ARB will be one of the following:

            COA granted with immediate effective date,
            COA granted with modifications, variances and conditions, and
            COA denied

Any person aggrieved by a decision reached by the ARB may appeal the decision to the City Commission by filing written notice with the Department within ten (10) days of the ARB decision.  Prior to City Commission consideration of the appeal, the Planning Commission shall review the appeal and provide comments to the City Commission.  No work for which a COA is required may be undertaken unless a COA authorizing the work is conspicuously posted on the property where the work is to be performed.

Q: What if I can’t afford to make the historically appropriate changes stipulated by the ARB in order to obtain a COA?
A: In reviewing an application for a COA, the ARB will be aware of the importance of finding a way to meet the current needs of the property owner.  The Board will also recognize the importance of approving plans that will be reasonable for the property owner to carry out.

Q: If my property is listed on the Local Register, do I have to restore it or fix it up the way it was originally?
A: No.  The Historic Preservation Ordinance does not require you to change your structure in any way.  If you decide, however, to alter the building’s exterior appearance, you may have to obtain a COA from the ARB before a building permit is issued.

Q: If my property is listed on the Local Register, may it be demolished?
A: Yes, however, a COA is required for any substantial change to your property such as demolition.  The ARB can delay the effective date of the Certificate for as long as one year while the Board seeks another course of action.  This course of action is described in Chapter 27, Section 10.4 D 5. (4), City Code of Ordinances,

Q: Who do I contact for more information?
A: Call or write to: Tallahassee-Leon County Architectural Review Board, 423 East Virginia Street, Tallahassee, FL 32310
Tel: 850-488-7334  or  Fax:  850-488-7333 
Website: www.taltrust.org

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