A.
Purposes of article. The City Council hereby declares
that the historical, architectural, cultural, and aesthetic features
of the City represent some of the finest and most valuable resources
of the City, and such resources are the embodiment of the heritage
of this community. Therefore, it is hereby declared that the purposes
of the Historical Preservation District shall be as follows:
(1)
To promote the creation of historic districts and
landmarks for the educational, cultural, economic, and general welfare
of the public through the preservation, protection, and regulation
of buildings, sites, monuments, structures, and areas of historic
interest or importance within the corporate limits of the City;
(2)
To safeguard the heritage of the City by preserving
and regulating historic landmarks and districts which reflect elements
of its cultural, social, economic, political, and architectural history;
(3)
To preserve and enhance the environmental quality
of neighborhoods;
(4)
To strengthen the City's economic base by the stimulation
of conservation and reuse;
(5)
To establish and preserve property values;
(6)
To foster economic development;
(7)
To ensure the harmonious, orderly, and efficient growth
and development of the municipality;
(8)
To promote the use of historic landmarks and districts
for the culture, prosperity, education, and welfare of the people
of the City and visitors to the City; and
(9)
To establish a preservation plan to accomplish the
goals of this article.
B.
ARCHAEOLOGICAL RESOURCES
ARCHITECTURAL RESOURCES
CERTIFICATE OF APPROPRIATENESS
COMMISSION
HISTORICAL PRESERVATION DISTRICT
HISTORICAL RESOURCES
ORDINARY MAINTENANCE AND REPAIR
PRESERVATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SIGNIFICANT CHARACTERISTICS OF AN ARCHAEOLOGICAL RESOURCE
SIGNIFICANT CHARACTERISTICS OF HISTORICAL OR ARCHITECTURAL RESOURCES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
STRUCTURE
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Areas or locations occupied as residences or utilized by
humans (historic or prehistoric) for a sufficient length of time to
construct features or deposit artifacts, which may remain in greater
or lesser degrees of preservation and order and which may lend to
the increase of knowledge of man about his own development.
Districts, structures, buildings, monuments, sites, or landscaping
that possess local interest or artistic merit, or which are particularly
representative of their class or period, or represent achievements
in architecture, engineering, technology, design, or scientific research
and development.
The official document issued by the Historical Preservation
Commission approving any application for permission to construct,
erect, demolish, remove, relocate, reconstruct, restore, or alter
any structure designated by the authority of this article.
The Historical Preservation Commission as hereinafter provided
for.
A geographically definable area with a concentration or linkage
of significant sites, buildings, structures, or monuments; or an individual
structure, building, site, or monument which contributes to the historical,
architectural, or archaeological heritage of the City.
Sites, districts, structures, buildings, or monuments that
represent facets of history in the locality, state or nation; places
where significant historical or unusual events occurred; places associated
with a personality or group important to the past.
Any work for which a building permit, zoning clearance permit,
or any other City permit or certificate is not required and where
the purpose of such work is stabilization and, further, where such
work will not noticeably change the exterior appearance of the resource.
Any work not satisfying all of the above requirements shall not be
considered ordinary maintenance and repair. The application of paint
to previously unpainted brick or masonry shall not be considered ordinary
maintenance and repair, nor shall the construction or enlargement
of a driveway or parking area be considered ordinary maintenance and
repair.
The adaptive use, conservation, protection, reconstruction,
restoration, rehabilitation, or stabilization of sites, buildings,
districts, structures, or monuments significant to the heritage of
the community.
ADAPTIVE USEThe restrained alteration of a historical or architectural resource to accommodate uses for which the resource was not originally constructed, but in such a way so as to maintain the general historical and architectural character.
CONSERVATIONThe sustained use and appearance of a resource essentially in its existing state.
PROTECTIONThe security of a resource as it exists through the establishment of the mechanisms of this article.
RECONSTRUCTIONThe process of recreating or reproducing by new construction all or part of the form and detail of a vanished resource as it appeared at a specified period in time.
REHABILITATIONThe process of returning an historical or architectural resource to a state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource. All remodels and rehabilitation must be consistent with the guidelines established in the Secretary of Interior’s Standards for Rehabilitation and consistent with design criteria for the historical preservation district where the property lies.
[Amended 3-4-2008 by Ord. No. 6004[1]]
RESTORATIONThe process of accurately recovering all or a part of the form and detail of a resource and its setting as it appeared at a particular period of time by means of the removal of later work and the replacement of missing earlier work.
STABILIZATIONThe process of applying measures designated to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form as it presently exists without noticeably changing the exterior appearance of the resource.
The artifacts present, the information to be gathered, or
the potential for revealing hitherto unknown or unclear details of
a culture, period, or structure.
Those characteristics which are important to or expressive
of the historical, architectural, or cultural quality and integrity
of the resource and its setting, and which include but are not limited
to building material, detail, height, mass, proportion, rhythm, scale,
setback, setting, shape, street accessories, and workmanship.
BUILDING MATERIALSThe physical characteristics which create the aesthetic and structural appearance of the resource, including but not limited to a consideration of the texture and style of the components and their combinations, such as brick, stone, shingle, wood, concrete, or stucco.
DETAILArchitectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.
HEIGHTThe vertical dimension of a given structure, building, or monument.
PROPORTIONThe relative physical sizes within and between buildings and building components.
RHYTHMA regular pattern of shapes, including, but not limited to, windows, doors, projections, and heights, within a building, structure, or monument, or a group of same.
SCALEThe harmonious proportion of parts of a building, structure, or monument to one another and to the human figure.
SETTINGThe surrounding buildings, structures, or monuments, or landscaping, which provide visual, aesthetic, or auditory quality of the historic or architectural resources.
SHAPEThe physical configuration of structures or buildings, or monuments, and their component parts, including, but not limited to, roofs, doors, windows, and facades.
STREET ACCESSORIESThose sidewalk or street fixtures which provide cleanliness, comfort, direction, or safety, are compatible in design to their surroundings, and include, but are not limited to, trash receptacles, including, but not limited to, trees, shrubbery, and planters.
Anything constructed or erected, the use of which requires
permanent location on the ground or which is attached to something
having a permanent location on the ground. This includes, but is not
limited to, buildings, fences, walls, driveways, sidewalks and parking
areas.
B.
Terms of membership. The term of each Commission member
shall be for three years.
C.
Meetings and rules of Commission. The Commission shall
be empowered to adopt rules for the conduct of its business and shall
elect a Chairperson, who shall serve for one year. All meetings of
the Commission shall be open to the public. Any person, or his duly
appointed representative, shall be entitled to appear and be heard
on any matter before the Commission. The Commission shall keep a record
of its proceedings, a copy of which shall be filed for public view
in the office of the City Clerk. A majority of the seven voting members
of the Commission shall constitute a quorum, and action taken at any
meeting shall require the affirmative vote of a majority of the total
voting membership of the Commission. The Zoning Administrator, or
the designated representative of the Zoning Administrator, shall act
as Secretary of the Commission and shall attend and keep the minutes
of all meetings. He or she shall act in an advisory capacity only
and may participate in the Commission's discussions but shall have
no vote.
D.
Duties of Historical Preservation Commission. Unless
otherwise specified in this article, the duties of the Historical
Preservation Commission shall be as follows:
(1)
Prepare or cause to be prepared a comprehensive inventory
of historical, architectural, and archaeological resources within
the City, and to update same on a regular basis.
(2)
Prepare or cause to be prepared a general historical
preservation plan to be incorporated within the Comprehensive Plan
of the City.
(3)
Prepare findings of fact relating to the recommendation
for designation of historical, architectural, and archaeological resources.
(4)
Prepare findings of fact pursuant to action taken
by the Commission relating to certificates of appropriateness.
(5)
Make recommendations to the City Council concerning
historical easements, and the development of historical preservation
plans.
(6)
Make recommendations to the City Council concerning
grants from federal and state agencies, private groups and individuals
and the utilization of budgetary appropriations to promote the preservation
of historic, architectural, or archaeological resources; and, when
so directed by the City Council, the Commission may oversee historical
projects or programs.
(7)
Promulgate rules governing the meetings of the Commission
and the standards for materials presented to the Commission.
(8)
Keep minutes and records of all meetings and proceedings,
including voting records, attendance, resolutions, findings of fact,
determinations and decisions.
(9)
Make recommendations to the City Council, Planning
Commission and/or other bodies regarding historic designations, certificates
of appropriateness, and amendment and enforcement of this and other
ordinances of the City.
(10)
Comment and make recommendations concerning
actions undertaken by other City agencies or actions of other governmental
units with respect to the potential adverse effects of such actions
upon historical, architectural, and archaeological resources.
[Amended 3-4-2008 by Ord. No. 6004]
(11)
Conduct a periodic review of the status of designated
landmarks and historic districts and provide periodic reports on the
findings of said review, along with any resolutions for action, as
considered appropriate, to Council.
(12)
Any other functions imposed by this article
or which may be specified by the City Council.
(13)
Report to the City Council any potential negative
impact an action taken by another agency might have on a building,
site, construction, or district designated under this article.
[Added 3-4-2008 by Ord. No. 6004]
A.
Creation. There is hereby created the HP Historical
Preservation Zoning District.
B.
General provisions and description. The HP Historical
Preservation District and its regulations may be applied to property
located in any other zoning district, whether residential, commercial,
industrial or agricultural, in accordance with the provisions of this
article. The HP Historical Preservation District is intended to be
an overlay zoning district and the regulations imposed by such district
shall be in addition to the regulations of the underlying zoning district
applicable to the subject parcel. All provisions of this article,
including the definitions, shall be applicable to this district. It
is specifically intended that individual tracts, buildings, monuments,
natural characteristics and open spaces may be included within this
district regardless of size; and larger geographical areas may also
be so designated.
C.
District identification. Tracts, buildings or sites
designated by City Council as being within the HP Historical Preservation
District shall be identified on the official Zoning Map of the City
and in other official writings by the suffix "HP."
D.
District regulations. The following regulations shall
be applicable to the HP Historical Preservation District and shall
control the use of all properties within such district:
(1)
The erection, moving, demolition, removal, reconstruction, restoration, or alteration of the exterior of any structure is prohibited unless a certificate of appropriateness is granted by the Historical Preservation Commission, unless such a certificate is not required by § 361-106A of this article.
(2)
All structures and grounds shall be maintained in
good condition in keeping with the historical nature of the site designated.
(3)
All interior portions of structures shall be kept
in such good repair to the extent necessary to prevent structural
deterioration.
(4)
Full compliance shall be had with all provisions and
procedures of this article.
E.
Permitted uses. Property located within the HP Historical
Preservation District may be used for any purpose, and only those
purposes, permitted within the underlying zoning district in which
such property is located, subject to compliance with all regulations
imposed by such basic zoning district and subject to compliance with
all provisions of this article.
A.
Historical Preservation District designation procedure.
(1)
The City Council may designate tracts and sites for
inclusion within the HP Historical Preservation District in the same
manner prescribed for the designation of other zoning districts by
this chapter and subject to compliance with this article; however,
all designations of tracts and sites for inclusion within the Historical
Preservation District shall first be reviewed and considered by the
Historical Preservation Commission. The Historical Preservation Commission
shall hold an informative meeting after providing notice to all property
owners of county record in the proposed HP Historical Preservation
District. Said notice can be mailed through regular mail and must
occur at least 45 days prior to the meeting. A legal notice shall
also be published in a newspaper of general circulation announcing
the meeting and detailing the proposal in compliance with the Open
Meetings Act. Within 30 days after conducting the informative meeting,
the Commission shall forward its recommendation regarding a proposed
district designation to the Planning Commission and City Council.
[Amended 3-4-2008 by Ord. No. 6004[1]]
(2)
Notice of consideration of designation; protest to
district designation.
[Amended 3-4-2008 by Ord. No. 6004]
(a)
Prior notice of consideration of a district designation by the Historical Preservation Commission shall be the same as is required for consideration of the adoption or amendment of zoning district boundaries by City Council set forth in Article XXV. As a part of such notice, the Commission shall notify the owner or owners of record of affected properties by mail of the proposed designation, including a copy of the proposed designation ordinance, a letter outlining the basis for the designation, and the obligations and restrictions which result from such designation.
(b)
A minimum of four affirmative votes is required
by the City Council any time a protest to a proposed Historical Preservation
Zoning District is received that meets the following criteria:[2]
[1]
It must be received at least three business
days prior to the meeting where the amendment will be considered.
[2]
It must be a legible, original document bearing
original signatures of 20% or more of the property owners within the
proposed district or 50% or more of the property owners owning land
within a three-hundred-foot radius of the exterior boundary of the
proposed district.
(3)
The initiation of a proposal of designation may be
made by the Commission, the City Council, the Zoning Administrator,
the Planning Commission, or on the application of the owner or owners
of the parcel to be designated, or their authorized agents. Any such
application shall be made upon forms and pursuant to standards set
by the Commission for this purpose.
(4)
The Commission may solicit and present expert testimony
or documentary evidence regarding the historical and architectural,
archaeological, or cultural importance of the property proposed for
designation.
(5)
As part of every such designation, or amendment of
a designation, the Commission shall state in written form the attributes
of the area or site designated as such attributes relate to and comply
with the review criteria for district designation as provided in this
article.
(6)
The Zoning Administrator shall officially notify the
Commission of all approvals or disapprovals of designation ordinances
at the next regular meeting of the Commission following the City Council
action.
(7)
Designations may be amended or repealed in the same
manner and according to the same procedure as provided herein for
the original designation.
(8)
No application for a permit to construct, alter, demolish,
remove, or relocate any characteristic of a designated site, building,
structure, district, open space or monument filed subsequent to the
day that an application has been filed or a resolution adopted to
initiate designation of said proposed historical preservation district
shall be approved by the City while proceedings are pending regarding
such historical preservation district designation application, unless
such work is determined by the Commission to be essential to the preservation
or stabilization of the resources and such work will not detrimentally
alter the exterior appearance of the resource.
B.
District designation criteria. A site, structure,
building, district, open space or monument may be designated for its
preservation, and thus may be included within the HP Historical Preservation
District, if it possesses at least one of the following attributes
within the categories below:
(1)
Historical, cultural category:
(a)
It has significant character, interest or value
as part of the development, heritage or cultural characteristics of
the locality, state, or nation; or is associated with the life of
a personality significant to the past;
(b)
It is the site of an historic event with a significant
effect upon the development, heritage, or cultural characteristics
of the locality, state, or nation; or
(c)
It exemplifies the cultural, political, economic,
social, or historic heritage of the community.
(2)
Architectural, engineering category:
(a)
It portrays the environment in an era of history
characterized by a distinctive architectural style;
(b)
It embodies those distinguishing characteristics
of an architectural type or engineering specimen;
(c)
It is the work of a designer or architect or
contractor whose individual work has influenced the development of
the community or of this nation;
(d)
It contains elements of design, detail, materials,
or craftsmanship which represent a style unique to the past;
(e)
It is a part of or related to a square, park
or other distinctive area, and thus should be developed and preserved
according to a plan based on an historical, cultural, or architectural
motif; or
(f)
It represents an established and familiar visual
feature of the neighborhood, community, or skyline owing to its unique
location or singular physical characteristic.
(3)
Archaeological category:
A.
When required. A certificate of appropriateness shall
be required in the following instances before the commencement of
work upon any structure or site located within the HP Historical Preservation
District:
(1)
Whenever such work requires a building permit issued
by the City;
(2)
Whenever such work includes the application of paint
to a previously unpainted brick or masonry exterior surface or the
construction or enlargement of a driveway or parking area; or
(3)
Whenever such work includes the erection, moving,
demolition, reconstruction, restoration, or alteration of the exterior
of any structure or site, except when such work satisfies all the
requirements for "ordinary maintenance and repair" as defined in this
article.
B.
General provisions and procedure.
(1)
No building permit shall be issued for any structure
or site located within the HP Historical Preservation District until
the application for such permit has been reviewed by the Commission
and a certificate of appropriateness has been approved by the Commission.
(2)
When applying for such a permit, the applicant shall
furnish two copies of all detailed plans, elevations, perspectives
and specifications. Such shall be forwarded to the Commission within
five days of receipt thereof. Any applicant may request a meeting
with the Commission before submitting an application and may consult
with the Commission during the review of the permit application.
(3)
Upon review of the application, the Commission shall
determine whether the proposed work is of a nature which will adversely
affect any historical or architectural resource and whether such work
is appropriate and consistent with the spirit and intent of this article
and the designating ordinance. The Commission shall apply the criteria
established by this article and, based thereon, shall approve or disapprove
such certificate of appropriateness. If the Commission disapproves
a certificate of appropriateness, no permit shall be issued and the
applicant shall not proceed with the proposed work.
(4)
The Commission shall develop such guidelines as it
may find necessary to supplement the provisions of this article and
to inform owners, residents, and the general public of those techniques
which are considered most proper for undertaking work relating to
historical and architectural resources. The Commission shall have
the opportunity to advise the City Council concerning provisions in
the building, electrical, plumbing, heat and air and housing codes
and other codes which affect preservation work.
(5)
It is not the intent of this article to limit new
construction to any one period or architectural style, but to preserve
the integrity of historic and architectural resources and to ensure
the compatibility of new work constructed in the vicinity. In the
case of the disapproval of plans by the Commission, the Commission
shall state in writing the reasons for such disapproval and may include
suggestions of the Commission in regard to actions the applicant might
take to secure the approval of the Commission.
(6)
With regard to the development of a property containing
a designated archaeological resource, a certificate of appropriateness
shall be required prior to the issuance of the permit for which the
applicant has applied; and further, the following requirements shall
be satisfied:
(a)
Archaeological resources shall be protected
from inappropriate or improper digging by demonstration by the applicant
that the appropriate permits and standards are met for study as set
by the State Historical Society.
(b)
Any discovered materials shall be properly recorded,
reported, stored, or exhibited according to the standards set by the
State Historical Society.
(c)
All development affecting the designated archaeological
resource shall provide for the permanent preservation of the resource
or provide for the completion of the necessary work as recommended
by a qualified archaeologist.
(d)
Prior to the hearing by the Commission for issuance
of the certificate of appropriateness, the applicant or the Commission
shall cause to have presented the comments and recommendations of
a qualified archaeologist with respect to the resource under consideration
and the application which would affect it.
(7)
The Commission may approve certificates of appropriateness
subject to certain conditions, to be stated in writing. Work performed
pursuant to the issuance of a certificate of appropriateness shall
conform to the conditions of such certificate, if any. It shall be
the duty of the Zoning Administrator, or his authorized agent, to
inspect from time to time any work performed pursuant to a certificate
of appropriateness to assure such compliance. In the event that such
work is not in compliance, the Zoning Administrator shall issue a
stop-work order. The Commission may request by resolution that the
Zoning Administrator inspect work at a particular location and, if
in noncompliance, issue a stop-work order.
C.
Review criteria. The Commission shall be guided by
the following criteria in considering certificates of appropriateness:
(1)
The purpose and intent of this article.
(2)
The degree to which the proposed work may destroy
or alter all or part of a resource.
(3)
The degree to which the proposed work would serve
to isolate the resource from its historical or architectural surroundings,
or would introduce visual, audible, vibratory, or polluting elements
that are out of character with the resource and its setting, or that
adversely affect the physical integrity of the resource.
(4)
The compatibility of the building materials with the
aesthetic and structural appearance of the resource, including but
not limited to the consideration of texture, style, color or the components
and their combinations of elements such as brick, stone, concrete,
shingle, wood or stucco.
(5)
The compatibility of the proposed design to the significant
characteristics of the resource, including but not limited to a consideration
of the harmony of materials, details, height, mass, proportion, rhythm,
scale, setback, shape, street accessories, and workmanship.
A.
General provisions.
[Amended 3-4-2008 by Ord. No. 6004]
(1)
No structure or site within any HP Historical Preservation
District shall be demolished and/or removed unless the Commission
shall approve such demolition and a certificate of appropriateness
for such demolition and/or removal shall have been granted.
B.
Procedure and postponement orders.
(1)
The Commission shall hold a public hearing for the
purpose of considering certificates of appropriateness for demolition
or removal. After such hearing, the Commission may approve the certificate
of appropriateness, thereby authorizing the demolition, or may enter
an order postponing demolition for not more than 180 days.
(2)
At the conclusion of such period of postponement as
specified in the Commission's order, the Commission shall within 45
days thereafter hold a second public hearing for the purpose of considering
whether or not the Commission should recommend to the City Council
that additional postponement of demolition be ordered.
(3)
In the event the Commission should make such recommendation
of additional postponement to the City Council, the City Council shall
hold a public hearing for the purpose of considering such additional
postponement of demolition.
(4)
After such public hearing, the City Council may enter
an order approving the demolition or may enter an order postponing
demolition for an additional period not to exceed 120 days from the
date of such order. At the conclusion of this final postponement period,
the City Council shall hold a public hearing and may either approve
the requested demolition or may disapprove such requested demolition.
In the event demolition is not approved, no demolition shall occur.
For purposes of this article, the word "demolition" shall include
"removal."
C.
Criteria for review of demolitions. The Commission
and City Council shall be guided by the following criteria in considering
certificates of appropriateness and authorizations for demolition
of structures or sites within the HP Historical Preservation District:
(1)
The purposes and intent of this article.
(2)
The degree to which the proposed removal of the historical
resource would serve to destroy the integrity and continuity of the
HP Historical Preservation District of which it is a part.
(3)
The nature of the resource as a representative type
of style of architecture, socioeconomic development, historical association
or other element of the original designation criteria applicable to
such structure or site.
(4)
The condition of the resource from the standpoint
of structural integrity and the extent of work necessary to stabilize
the structure.
(5)
The alternatives available to the demolition applicant,
including:
(a)
Donation of the subject structure or site to
a public or benevolent agency.
(b)
Donation of a part of the value of the subject
structure or site to a public or benevolent agency, including the
conveyance of historical easements.
(c)
The possibility of sale of the structure or
site, or any part thereof, to a prospective purchaser capable of preserving
such structure or site.
(d)
The potential of such structure or site for
renovation and its potential for continuing same.
(e)
The potential of the subject structure or site
for rezoning in an effort to render such property more compatible
with the physical potential of the structure.
(6)
The ability of the subject structure or site to produce
a reasonable economic return on investment to its owner; provided,
however, that it is specifically intended that this factor shall not
have exclusive control and effect, but shall be considered along with
all other criteria contained in this article.
A.
Minimum maintenance. Designated landmarks, structures,
buildings, or monuments within the HP Historical Preservation District
shall be maintained to meet the minimum requirements of codes and
ordinances governing the public health, safety and welfare. The Commission,
on its own initiative, may file a resolution with the appropriate
officer(s) requesting said officer(s) to proceed under the appropriate
codes to require correction of defects or initiation of repairs. Any
person in charge of a landmark, structure, building, or monument within
an HP Historical Preservation District shall keep in good repair all
of the exterior portions of such resources, including appropriate
landscaping.
B.
Historical Preservation Commission review. All matters
regarding property or sites situated within the HP Historical Preservation
District shall be reviewed and considered by the Historical Preservation
Commission prior to final action by the Planning Commission, the Board
of Adjustment, or City Council.
C.
Penalties. Any person, firm, or corporation violating
any provision of this article shall be subject to a fine and costs
of not more than $35. Each day of violation shall be deemed a separate
offense.
D.
Appeals. Any person aggrieved by a decision of the
Commission shall have such right of appeal as may be otherwise provided
by law.
E.
Taxes. Nothing in this article shall be construed
as reason for an increased valuation of property for purposes of ad
valorem taxation because of historical designation.
