A. Purpose
The City of Centerville recognizes that certain houses, buildings, structures, areas and places throughout the community possess a character, interest or value as part of the development, heritage or cultural characteristics of the City, the State or the United States. The conservation and designation of such houses, buildings, structures, areas or places as landmarks will benefit all citizens of the City. Such landmarks will help preserve the historical, cultural and social environment that is reflective of the quality of life that citizens of the City have enjoyed since 1796.
B. Identification, review, and designation of individual landmarks.
1. The Board of Architectural Review (BAR) is empowered to nominate to the Council any area, place, building or structure within the City as a landmark.
2. In considering the designation of any area, place, building or structure in the City as a landmark, the BAR shall apply the following criteria with respect to such property:
a. Its character, interest or value as part of the development, heritage or cultural characteristics of the City, the State or the United States;
b. Its location as a site of significant historic interest;
c. Its identification with a person who significantly contributed to the culture and development of the City;
d. Its exemplification of the cultural, economic, social or historic heritage of the City;
e. Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
f. Its embodiment of distinguishing characteristics of an architectural type or specimen;
g. Its identification as the work of an architect or builder whose individual work has influenced the development of the City;
h. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation
i. Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or the City.
j. If the landmark designation pertains to a large property, then the landmark designation shall be limited, to the extent possible, to the portion of the property of greatest landmark significance.
3. The BAR shall notify the local historic review agencies of a proposed designation.
4. The BAR shall notify the Planning Commission of the proposed landmark designation. The Planning Commission shall provide a recommendation to the BAR based upon the following:
a. The relationship of the proposed designation to the Comprehensive Development Plan of the City;
b. The effect of the proposed designation upon the surrounding neighborhood; and
c. Any other planning consideration, which may be relevant to the proposed designation.
d. The Planning Commission may recommend approval, approval with modifications, or rejection, of the proposed designation.
5. The BAR shall hold a public hearing on the proposed designation and shall give due consideration to the findings of fact and the recommendation of the Planning Commission. Upon its conclusion, the BAR may recommend to the Council approval, denial, or approval with modifications, of a proposed designation.
6. The Council shall give due consideration to the findings of fact of the BAR and the recommendation of the Planning Commission. The Council shall hold a public hearing and, upon its conclusion, the Council may designate by ordinance the area, place, building or structure as a landmark.
7. The City shall file a recorded affidavit with the County Recorder on the property title and add a designation on the City Zoning Map for each landmark property in an attempt to improve notice to a future purchaser of a landmark designated property. Failure of the City to file the above affidavit or to make a notation on the Zoning Map shall not invalidate any landmark designation by the City.
C. Procedure to designate or rescind landmark status.
1. Any person may apply to the City to designate a landmark in the City or to rescind any landmark status already designated under this chapter.
2. No such application shall become effective unless the application shall first be submitted to the Board of Architectural Review (BAR) in such manner and following the procedures prescribed by the BAR.
3. The BAR shall hold a public hearing in accordance with the public hearing provisions contained in this UDO.
4. The BAR shall, within 65 days after the public hearing, recommend the approval or denial of the application to the Council. The BAR shall submit its recommendation in ordinance form to the Council.
5. Regardless of the decision of the BAR on an application, the Council shall hold a public hearing on said application and render a decision.
6. The Council shall introduce the application in ordinance form at a regular or special Council meeting in accordance with the provisions of the City Charter.
7. During the thirty-day period preceding the public hearing of Council, a copy of the text of the proposed ordinance together with the maps, plans, or reports pertaining to or a part of the ordinance shall be on file for public examination in the office of the Clerk of Council.
8. Notwithstanding any provision of this chapter, the Council may rescind the designation of any area, place, building or structure as a landmark by ordinance in accordance with the procedures set forth in this section.
D. Renovation, Rehabilitation, Remodeling, Addition, Alteration, Development or Construction of Landmarks
1. An area, place, building or structure designated as a landmark property under the provisions of this chapter shall be subject to the regulations and procedures imposed by this chapter.
2. All regulations of the zoning district in which a designated landmark is located, as set forth in the UDO, shall remain in full effect unless specifically modified by this chapter.
3. The renovation, rehabilitation, remodeling, addition, alteration, development or construction of a building or structure designated as a landmark shall be in accordance with the requirements contained in Section 9.53, D, Architectural Preservation District, of this UDO. Specifically those requirements that pertain to the shape, design, dimensions, roof, walls, wall openings and exterior colors of a building or structure.
4. To the extent possible, all architectural features of a historic building or structure shall be preserved.
5. No architectural feature shall be masked, interrupted, covered or concealed in any way.
6. Any architectural feature of a building or structure that is broken, rotted, or otherwise worn-out, shall be repaired or replaced with a similar feature to preserve the architectural integrity of the building or structure.
E. Interior of buildings.
1. The interior of a building designated as a landmark shall not be regulated by any provisions of this chapter.
F. Demolition or moving of a designated landmark.
An application to demolish or move a designated landmark shall be in accordance to the requirements contained in the Architectural Preservation District Section 9.53, D, of the UDO.
1. The Board of Architectural Review shall hold a public hearing on any application to demolish or move a designated landmark.
2. Demolition or moving of a building that is a potential landmark.
a. An application to demolish or move any building in the City shall require a review by the City Planning Department to determine if the building has potential landmark designation status. The decision of the City Planning Department on the potential landmark status of a building is final and not subject to appeal.
b. If the Planning Department determines that the building has potential landmark designation status, then the City shall have a maximum of 120 days from the date of the filing of the application to demolish or move the building to consider the designation of the building as a landmark in accordance with the procedures of this chapter. No permit shall be issued to demolish or move a potential landmark designated building until the City has determined if the building is a landmark or the maximum time period for consideration of landmark status has expired.
G. Donation of Significant Landmark Related Building Materials to City
A property owner may by choice donate and the City may by choice accept the donation of significant landmark related building materials. The City shall store, as long as it deems practical, any such donated materials at City cost.
1. A person may request for a specific use any landmark related materials donated to the City. If the City grants the request, then the materials will be made available at no cost to the person requesting the materials. In reviewing requests for donated materials, the City shall consider the potential of the request for advancing the purposes of this chapter. A person receiving donated material from the City must use that material as specified in his or her request to the City. If the person is unable to use any material donated by the City in the manner specified in his or her request, then the material must be returned at no cost to the City.
H. Maintenance of Landmark Structures
1. The owner of a designated landmark structure, whether occupied, vacant or uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
2. Any provision for maintenance contained in this chapter shall be in addition to all other applicable provisions of the Building and Housing Code and other pertinent codes or ordinances.
3. The Board of Architectural Review, on its own initiative, may file a petition with the Director of Development or his or her appointed designee requesting that the City proceed to take action against any property owner who, in the opinion of the BAR, is in violation of any maintenance requirement of this chapter.
I. Limit on Re-Hearing the Same Application
The Board of Architectural Review or the Council shall not be required to hear or act upon any application which has been the subject of an application within the previous 2 years, unless the application has been modified at the request of the approving authority.