[R.O. 2011 §34-73.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A. Application
hereinafter made for designation as a historic landmark or district
shall be made to the Historic Preservation Commission by filing an
application in the office of the Zoning Administrator who shall inform
the Commission of receipt of such application at their next regular
meeting. Applications may be made by any owner of affected property,
subdivision trustee or agent, neighborhood association, Board or commission
of the City, or the City Council. Such applications shall be made
in writing and shall comply with rules regarding the submission of
applications adopted by the Historic Preservation Commission. The
application shall include the following:
1. An accurate legal description, acceptable to the City Attorney for
recording purposes, of the boundaries of the site of the proposed
historic landmark or the boundaries of the historic district;
2. A map indicating existing land use surrounding the proposed historic
landmark or within the proposed historic district boundaries and on
the abutting land;
3. A statement of the historical or architectural significance of the
proposed historic landmark or district;
4. A summary, description, example or outline of the recommended regulations
and standards for the proposed historic landmark or district, including
a description of the alternations, repair or other construction for
which building permits may be approved by the Zoning Administrator
only following review by the Historic Preservation Commission;
5. The full name of the person or body submitting the application and
the signature of the applicant. In the case of organizations, corporations
or public bodies, the signature shall be that of the person authorized
to sign in behalf of the organization, corporation or public body.
[R.O. 2011 §34-73.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A. Historic Preservation Commission Review. Before any final action may be taken by the Plan Commission or City Council, the application must be reviewed and approved by the Historic Preservation Commission. Following a public hearing being given in accordance with established rules of the Commission and notification thereof in accordance with Article
XV, Section
400.3220, an application shall be approved by the Historic Preservation Commission only upon the concurring vote of at least five (5) of its members. Such approval shall be based on an evaluation of the historical or architectural significance of the historic landmark or district, which approval may include amendments, modifications and conditions relative to the application submitted, and shall include a full description of the boundaries and the text of the proposed standards and regulations governing the historic landmark or district. The Historic Preservation Commission shall forward to the Plan Commission a full report of its evaluation with each approved application, together with a proposed bill prepared by or at the direction of the Commission.
B. Plan Commission Review. The Plan Commission shall review
the report and bill from the Historic Preservation Commission, in
terms of compatibility with the Comprehensive Plans of the City, and
report its recommendations to the City Council. In the event the City
Council does not receive the report of the Plan Commission within
sixty (60) days from the date the approved application is received
by the Plan Commission, the Council shall consider the report and
bill of the Historic Preservation Commission as approved by the Plan
Commission.
C. City Council Action. In the event the City Council shall determine to proceed with the application for establishing a historic landmark or district, it shall treat this matter as an application for textual amendment and rezoning as provided in Article
XIV of this Chapter. In the event that the City Council does not enact an ordinance establishing a historic landmark or district within one hundred eighty (180) days from the date the Plan Commission receives the report from the Historic Preservation Commission, the application shall become null and void. The City Council shall not establish a historic landmark or district unless it also enacts an ordinance which specifies the rules, regulations and standards for each such historic landmark or district and includes by reference the statement of historic significance. Historic district rules, regulations and standards shall not in general contain any restrictions on interior alterations or repairs which do not affect the exterior appearance of buildings, structures, humanly created objects or environmental features, recognizing that there might be exceptions to this general rule under certain circumstances. This limitation is not intended to apply to publicly owned buildings.
[R.O. 2011 §34-74; Ord. No. 6139 §1(Exh. A (part)), 1997]
The permitted uses, use regulations and use limitations for
a historic landmark or district shall be those of the zoning district
or districts within whose boundaries the historic landmark or district
is located as said regulations and limitations may be amended by the
City Council for historic districts and landmarks.
[R.O. 2011 §34-75; Ord. No. 6401 §1(part), 2002]
The Zoning Administrator shall forward a copy of any application for a conditional use permit for a historic landmark or within a historic district or within three hundred (300) feet of a historic district or properties on the National Historic Register to the Historic Preservation Commission. The Commission shall review such applications and may appear at the public hearing held by the Plan Commission in order to present the Commission's findings of fact and conclusions as to whether or not the proposed conditional use meets the review criteria for conditional use permit approval specified in Article
XI, Section
400.2700 of this Chapter and the ordinance establishing the specific historic landmark or district.
[R.O. 2011 §34-76; Ord. No. 6401 §1(part), 2002]
The Zoning Administrator shall forward a copy of any application for the granting of a variance in connection with a historic landmark or within a historic district or within three hundred (300) feet of a historic district or properties on the National Historic Register to the Historic Preservation Commission. The Commission shall review such applications and may appear at the public meeting held by the Board of Adjustment in order to present the Commission's findings of fact and conclusions as to whether or not the proposed variance meets the review considerations and standards for granting a variance specified in Article
XII, Sections
400.2940 and
400.2950 of this Chapter and the ordinance establishing the specific historic landmark or district.