§ 12.13  DESIGNATION OF LANDMARKS AND HISTORIC PRESERVATION OVERLAY ZONES.
   12.13.01   Applicability.  The Urban Design Review Board must conduct ongoing surveys of structures, areas, or sites within the city to determine whether their historic or architectural merit warrants their designation as a Landmark or Historic Preservation Overlay zone. Persons from any organization or the general public may recommend a structure, area, or site to the Urban Design Review Board for consideration.
   12.13.02   Application.
   (A)   Applications for designation of historic structures, areas, or sites may be submitted by the owner of the subject property or the property owner's authorized agent, by persons from any organization, including the city, by the general public, or by the Urban Design Review Board.
   (B)   Applications must be filed with the Urban Design Review Board's Secretary/Historic Preservation Officer.
   12.13.03   Public Hearing Notice.
   (A)   Published.  Notice of the time and place of all public hearings on the designation of historic structures, areas, and sites must be published at least once in a newspaper of general circulation in the county. The required notice must appear in the newspaper a minimum of 15 calendar days before the public hearing.
   (B)   Mailed.
      (1)   When a party initiates designation of an historic structure, area, or site, written notice must be given at least 15 calendar days in advance of all required public hearings to:
         (a)   The applicant and all owners of property proposed to be designated as an historic structure, site, or area.
         (b)   Owner of every parcel of property adjoining the property for which the historic designation is requested.  Where the property adjoins a street or alley, property abutting the opposite side of such street or alley will be considered adjoining property.
      (2)   Written notice must be sent by first class mail, with certification by the Urban Design Review Board's Secretary or other officer that the notice was mailed.  The applicant must furnish to the Urban Design Review Board the name and address of owners of each parcel of property within the required notification area.
      (3)   Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail must be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator's records as having the same address.
      (4)   When any property in the required notification area for a public hearing on historic designation is located in an adjoining city, county or planning unit, notice of the hearing must be given at least 15 days in advance of the hearing, by first class mail, to the following public officials:
         (a)   If the adjoining property is part of a planning unit, notice must be given to that planning unit's Planning Commission; or
         (b)   If the adjoining property is not part of a planning unit, notice must be given to the mayor of the city in which the property is located or, if the property is in an unincorporated area, notice must be given to the judge/executive of the county in which the property is located.
   (C)   Posted.  Notice of all required public hearings on historic designations must be posted conspicuously on the subject property or in the proposed historic area for at least 15 calendar days prior to the public hearing. The posting must consist of one or more signs, constructed of durable material and clearly depicting the following information:
      (1)   The words “ HISTORIC DESIGNATION” (three-inch high lettering);
      (2)   The date, place, and time of the public hearing (one-inch high lettering); and
      (3)   The address, including telephone number, of the Historic Preservation Officer or other designated officer where additional information regarding the hearing may be obtained.
   12.13.04  Urban Design Review Board Hearing/ Action.
   (A)   The Urban Design Review Board must hold at least one public hearing on all applications for designation of historic structures, areas, or sites.
   (B)   Following the Urban Design Review Board's public hearing, it must recommend, by simple majority vote, approval of the historic designation of the structures, areas, or sites to be designated as either Historic Landmarks or Historic Preservation Overlay zones to the City Commission. The Urban Design Review Board's recommendation must be based on the review and decision-making criteria of § 12.13.07.
   12.13.05   City Commission Action.
   (A)   The structures, areas, and sites selected by the Urban Design Review Board for historic designation under § 12.13.04 must be submitted to the City Commission for final approval and designation as historic structures, areas, and sites. The Urban Design Review Board must notify owners and city departments of any decisions by the City Commission to designate an historic structure, area, or site.
   (B)   When the City Commission creates Historic Landmarks or Historic Preservation Overlay zones , its action must include a declaration that the landmarks, buildings, structures, or sites to be preserved are in fact of historical or of architectural significance requiring protection against destruction and encroachment.
   12.13.06   Historic Designation Report.
   (A)   A study of the structures, areas, or sites proposed to be designated either a Historic Landmark or a Historic Preservation Overlay zone must be compiled in a report ("Historic Designation Report").The report must establish and define the Historic Landmark or Historic Preservation Overlay zone boundaries as well as the historic or architectural significance of the buildings, structures, or sites to be protected, and describe present trends, conditions, and desirable public objectives for preservation. For Historic Preservation Overlay zones, a list of which structures, areas, or sites within the boundaries are determined to be contributing and which are determined to be non-contributing must be included in the report.
   (B)   In addition, such report must include the following elements:
      (1)   A survey of existing structures by period of construction, architectural style, condition, and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to interior of lots, and off-street parking provided. In addition to general analysis, two specific detailed descriptions must be entered:
         (a)   A description of existing contributing structures and premises of substantial public interest, with maps, photographs, and other data indicating the public importance of their preservation and the particular features it is desirable to preserve;
         (b)   A description of existing non-contributing structures, premises, and uses likely to have an adverse effect on the desired character of the zone, including those near and visually related to the zone with maps, photographs, and other data indicating the reasons for such an effect.
      (2)   An analysis of lands not occupied by structures, including lands near and visually related to the zone. For public lands, ownership, use, and location must be indicated. For private lands, assessed valuation must be added as well as existing zoning and planned land use.
      (3)   Recommendations concerning detailed regulations to be applied in the zone, to supplement or modify general regulations set forth herein, may include the following:
         (a)   Permitted and prohibited principal and accessory uses and structures;
         (b)   Minimum lot and setback requirements;
         (c)   Maximum lot coverage by all buildings;
         (d)   Maximum height of structures;
         (e)   Off-street parking and loading requirements;
         (f)   Control of signs and exterior illumination;
         (g)   Control of exterior character of buildings and sites when visible from a public way only, and
         (h)    Recommended zoning amendments, closing of public rights-of-way, creation of pedestrian walkways or common areas and control of additions to or removal of existing buildings where the controls and regulations are only for the express purpose of preventing changes which are architecturally incompatible with the buildings, structures, or sites to be preserved.
   (C)   A review of the survey or study must be completed every five years or earlier if necessary.
   (D)   Once the Historic Designation Report is compiled, the Urban Design Review Board must propose to the City Commission that the findings be printed and a copy be made available to the public library.
   (E)   Historic area boundaries may not be extended beyond 100 feet of the historic area.
   (F)   Historic areas may be defined by specific boundaries. Both sides of the street may be included when desirable.
   12.13.07   Review and Decision-Making Criteria.  To be designated as historic, structure, area, or site must meet one or more of the following criteria:
   (A)   Its value as a reminder of the cultural or archeological heritage of the city, state, or nation;
   (B)   Its location as a site of a significant local, state, or national event;
   (C)   Its identification with a person or persons who significantly contributed to the development of the city, state, or nation;
   (D)   Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation;
   (E)   Its value as a building that is recognized for the quality of its architecture, and that retains sufficient elements showing architectural significance;
   (F)   Its characteristic of an architectural style of a period;
   (G)   Its character as a geographically definable area possessing a significant concentration of sites, buildings, objects or structures united by architectural style, by a plan, or by physical development;
   (H)   Its character as an established and geographically definable neighborhood united by culture or past events.
   12.13.08   Amendments or Rescission.  The amendment or rescission of any historic designation must be made in accordance with the procedure required by this section for the original designation.
(Ord. O-37-06, passed 8-15-06)