(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Historic Preservation Board of the City of Cozad, Nebraska.
CITY COUNCIL. The elected members of the Council of the City of Cozad, Nebraska.
COMMISSION. The Planning Commission of the City of Cozad, Nebraska.
CUMULATIVE EFFECT. This section shall be cumulative to all other provisions of adopted codes and including codified ordinances relating to building, electricity, plumbing or any other technical requirements or provisions; and once work has been approved on a landmark or in a historical district, all other appropriate permits and inspections shall be obtained, and fees therefor shall be paid in accordance with Chapter 150 of the Codified Ordinances of the City of Cozad.
DESIGN GUIDELINES. Design criteria for new construction, alterations and renovations of properties designated as landmarks and in historic districts. All design criteria shall comply with the Secretary of Interior’s “Standards for Rehabilitation.”
HISTORIC DISTRICT. An area or section of the city containing a significant number of buildings, sites, structures, objects, or improvements which, considered as a whole, possess historical or cultural significance to the city, state or nation pursuant to the provisions of this section.
LANDMARK. An individual structure, or an integrated group of structures on a single lot or site, or a site having a special character or special historical, cultural, educational, architectural, engineering or geographic interest or value.
OWNER. A real estate owner or owner’s authorized agent, officer of a corporation which owns real estate, partner of a partnership owning real estate, or member of an LLC or other similar organizations owning real estate.
PRIVATE. All bodies, groups, organizations, associations, corporations, clubs and individuals of whatever nature which are not included in the definition of PUBLIC.
PUBLIC. The state, or any agency thereof; a municipality; a county or any board appointed by or acting for same; a township; a commission or other authority established by law; any district, or other political subdivision of the state or public body recognized by law.
SECRETARY OF THE INTERIOR’S “STANDARDS FOR REHABILITATION”. Ten standards promulgated by the U.S. Department of the Interior to guide alterations to a landmark or property within a historic district.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground.
WORK. Work shall mean and include any alteration, demolition, construction, reconstruction, restoration, remodeling or other material change in the external appearance of the structure.
(B) (1) Findings. The City Council finds that the protection, enhancement, perpetuation and use of structures, districts and elements of historical, cultural, educational, architectural, engineering or geographic significance, located within the city, contribute to the prosperity, civic pride and general welfare of the people; and further finds that the economic, cultural and aesthetic interests of the city cannot be maintained or enhanced by disregarding the heritage of the city and that people of the city have an interest in the maintenance, preservation, demolition or other action regarding such cultural assets.
(2) Purpose.
(a) To designate, preserve, protect, enhance and perpetuate those structures and districts which reflect significant elements of the city heritage;
(b) To foster civic pride in the beauty and accomplishments of the past;
(c) To stabilize or improve the aesthetic and economic vitality and values of such structures and districts;
(d) To protect and enhance the city’s attraction to tourists and visitors;
(e) To promote the use of historic structures or districts for education; and
(f) To promote and encourage continued private ownership and utilization of such buildings and other structures now owned and used, to the extent that the objectives listed above can be promoted.
(C) Establishment and membership.
(1) There is hereby created the Historic Preservation Board of the City of Cozad, Nebraska. The Board shall be composed of five members; all members shall be residents of the city and shall have a demonstrated interest or professional expertise in historic preservation. A majority shall be professionals in the fields of archeology, historic archeology, architectural history, architecture, and history. All such appointments are to the extent that these professionals are available in the city. The five members shall consist of two citizens who are interested in preservation, architecture, engineering, historical or cultural matters, and three owners of real estate (as defined in division (A)(1) above) designated as historic or within a historic district or proposed district.
(2) Employees of the city or elected or appointed members of the City Council or other city boards or commissions shall not be eligible to be members of the Board.
(3) The members of the Board shall be appointed by the Mayor, subject to confirmation by the City Council.
(4) Initially, two members of the Board shall be appointed for a one year term, two members shall be appointed for a two year term and one member shall be appointed for a three year term. There may be a limit set to the number of terms.
(5) In the event of a vacancy occurring in the membership of the Board for any reason, an appointment shall be made to fill the vacancy in the same manner as the original appointments for the unexpired term.
(6) The members of the Board shall serve without compensation; however, they shall be entitled to reimbursement for expenses incurred during the course of conducting the business of the Board.
(7) The Board shall elect its chairperson from among its members.
(8) The Board shall establish its own rules of procedure.
(9) Three members of the Board shall constitute a quorum for the transaction of business.
(10) Except as otherwise provided herein, three affirmative votes shall be required for final action on any matter acted upon by the Board.
(11) The Board shall meet at least quarterly at such times and in such places as it may determine, or upon the call of the chairperson.
(12) The Board shall elect four officers, each to serve for the full duration of his or her term of appointment to the Board: Chair, Vice-Chair, Secretary, and Treasurer. The Chair shall preside at meetings, call special meetings, issue public statements for the Board, and in general assume the duties of directing the activities of the Board. The Vice-Chair shall act in the place of the Chair in the event of the latter’s absence. The Secretary shall keep a complete and current agenda, minutes of each meeting, and be responsible for publication and distribution of minutes, proceedings, and reports. The Treasurer shall be responsible for financial reports.
(13) The Board shall, in conjunction with Cozad Developmental Corporation, Inc. (CDC), adopt design guidelines and such standards and procedures not inconsistent with the provisions of this section as it may deem necessary to further the purpose herein stated.
(14) Designated historic districts and individual landmarks shall be determined by the Board and approved by City Council.
(D) Submission of plans, projects and proposals. All plans, projects, proposals, evaluations, specifications, sketches and other information necessary for the review of the Board, or colors, building materials, signs or other features subject to public view, shall be made available to the Board by the applicant or appropriate department of the city, along with a copy of the application for the building or demolition permit.
(E) Director; duties. The Mayor shall assign a city staff member as the Director of the Board, without the right to vote. The Director shall be the custodian of records, conduct official correspondence and generally supervise the clerical and technical work of the Board as required to administer this section. In addition, the Director, for and on behalf of the Board and with the approval and direction of the Board, shall:
(1) Work in conjunction with other city officials to keep complete and accurate records and accounting for all funds, grants, income and expenditures of every nature of the Board. All funds shall be placed with the City of Cozad in a specially designated account;
(2) Prepare annual reports and other such reports that may be required;
(3) Assure that public notices are posted and advertised, agendas are kept current and available for public inspection and open meetings are conducted;
(4) Provide for 10 days public notice of a meeting prior to such meeting;
(5) Submit to the City Council for public hearing and approval, actions by the Board; and
(6) Make recommendations and do such other acts pursuant to this section as the Board may require.
(F) Board; powers and duties. The Board shall establish and provide for the following duties:
(1) Hold public hearings and review applications for alterations to landmarks or properties within historic districts;
(2) Adopt the Secretary of the Interior’s “Standards for Rehabilitation” and any design guidelines for the review of landmarks or properties within historic districts that are consistent with the “Standards for Rehabilitation;”
(3) Review proposed zoning amendments, applications for special use permits, or variances that affect proposed or designated landmarks and historic districts;
(4) Periodically review the city’s zoning ordinances and recommend to the Planning Commission and the City Council any of the same that are appropriate for the protection and preservation of landmarks or historic districts;
(5) Cooperate with the Nebraska State Historical Society in matters of proposed certification of this section and related duties and requirements;
(6) Comment on properties nominated to the National Register of Historic Places and cause to be processed nominations of properties potentially eligible for listing in the National Registry;
(7) Carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;
(8) Consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historic preservation;
(9) Inspect and investigate structures, sites and areas which are believed worthy of preservation;
(10) Submit to the City Council for public hearing and approval, and subsequently maintain (and resubmit as required) a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts and take appropriate measures of recognition, and maintain a documentary inventory;
(11) Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation and encourage and advise property owners in protection, enhancement, perpetuation and use of property of historical interest;
(12) Consider methods other than those provided for in this section for encouraging and achieving historic preservation and make appropriate recommendations to the City Council and other bodies and agencies, both public and private.
(13) Make recommendations and do such other acts pursuant to this section as the Board shall order;
(14) Make an initial inventory of all sites, structures and districts presently designated or eligible for designation as landmarks. All sites, structures and districts within the city limits cited in the Nebraska State Historical Society’s inventories of Dawson County shall be included initially on the inventory. All sites, structures and districts cited in the foregoing inventories of the Nebraska State Historical Society shall be reviewed by the Board and, if deserving, recommended for designation by ordinance as historic landmarks, sites, structures or districts. The recommendations which the Board makes as to these sites, structures and districts shall be within 12 months of the first meeting of the Board, or as soon thereafter as may be done. Such inventory shall be updated annually as the Board directs.
(G) Designation of landmarks, historic districts.
(1) All landmarks and property within a historic district shall be subject to the controls, standards and procedures set forth in this section.
(2) A site, structure or area may be designated for preservation as a landmark or historic district if it has:
(a) Historical importance or cultural significance, interest or value as part of the development, history, heritage or culture of the city, state or nation; or is associated with the life of a person significant in the past; or is the site of an historic event, or exemplifies the cultural, political, economic, educational, social or historic heritage of the community;
(b) Architectural and engineering importance, portraying the historical setting or environment of a distinctive characteristic of an architectural or engineering type, period, style, or method of construction; or is the work of a resident, builder or designer whose individual work is significant in the development of the city; or contains elements of design, detail, materials or craftsmanship of distinctive quality, or which represents a significant innovation;
(c) Geographic importance, by being a part of or related to a city center, park or other distinctive area, which should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood, community, or the city;
(d) Archeological importance which has yielded or is likely to yield information regarding the history of the area prior to the establishment of the city. A landmark or historic district shall possess integrity of design, location, setting, feeling, association, materials and workmanship. In the case of a historic district, provisions shall be made to define an accurate boundary, identify properties that contribute to the historical significance of the district, and those because of age or integrity do not contribute. A property shall be eligible if it is 50 years of age or older, unless exceptional significance can be demonstrated.
(3) A landmark may be proposed by the City Council or the Board with the owner’s written approval; or upon petition of the owner. Any such proposal shall be filed with the Director upon forms prescribed by him or her and shall include all data required by the Board.
(4) A historic district may be proposed by the City Council or the Board. Any such proposal shall be filed with the Director upon forms prescribed by him or her and shall include all data required by the Board.
(5) Each proposal of a landmark or historic district shall first be considered by the Board at a public hearing.
(6) Notice of the time, place and purpose of the public hearing to be held upon the proposal of a landmark or historic district shall be given by the Board in the official newspaper of the City not less than ten days prior to the date of the hearing and by mail to the owners of all property included in the proposed designation, as identified by the names and addresses of the last known owners as shown by the county real property tax records. Failure to send notice by mail to any such property owner where the address of the owner is not so recorded shall not invalidate any proceedings in connection with the proposed designation. The Board may also give such other notice as may be deemed reasonable and practicable.
(7) A record of the pertinent information presented at the hearing upon the proposal of a proposed landmark or historic district shall be made and maintained as a permanent public record.
(8) The Board may approve, disapprove or modify the proposal of a landmark or historic district and shall notify the applicant of the action taken within 30 days of the referral thereof to the Board.
(9) The recommendation of the Board for approval of a proposal for a proposed landmark or historic district shall state the standards for such designation, as set out in this section, which are applied in each designation.
(10) Designation of a landmark shall not be proposed over the objection of an owner. Designation of a historic district shall not be proposed if the owners of 51% of the front footage of the real property in the proposed historic district object, not to include any public right-of-way located in such district. To object, owners shall follow the procedures outlined in divisions (J)(4) and (J)(5) below.
(H) Overlay district; zoning of historic districts. A landmark or historic district shall constitute a zoning overlay district for historic preservation purposes and shall be included as such on the official land use or zoning map. This zoning shall be in addition to the existing underlying land use zoning. Zoning amendments, applications for special use permits, or variances shall be considered to assist in the preservation, use or rehabilitation of designated properties.
(I) Transmittal to, action by City Council. The Board shall transmit the proposal for the designation of a landmark or historic district to the City Council within 30 days after consideration. The Board shall consider the degree of conformity or nonconformity with the comprehensive development plan of the city, and may, if the Board deems it necessary, consult with and obtain a recommendation with regards to such proposal from the Planning Commission.
(J) Consideration by Council.
(1) When a proposal for the designation of a landmark or historic district is presented to the City Council, it shall take into consideration the recommendation of the Board and shall further give consideration to the economic consequences to the city and the affected property owners.
(2) Objection by the owner or owners of a proposed landmark shall require three affirmative votes by City Council for approval of such district.
(3) Objection by the owner or owners of a proposed landmark shall require three affirmative votes for approval of such landmark.
(4) Objections to a historic district designation must be acknowledged on a form available in the office of the Director and any such objections must be filed with the City Clerk no later than the first reading of the proposed designation ordinance.
(5) In order for the owners of a parcel of land to validly object to the designation, such objection shall be executed by any owner who is otherwise required to execute a valid conveyance of a fee simple interest in such parcel and whose name(s) appear in the records of the Register of Deeds.
(6) Pursuant to the provisions of this section, and the procedures set forth herein, the City Council may, by ordinance, designate a “landmark”, or a “historic district.”
(7) Each ordinance designating a landmark or historic district shall include a description and statement of the significance of the real property or district to justify its designation as such and a description of the features that should be preserved and shall include the legal description of the landmark or historic district.
(8) Within ten days after final adoption of the ordinance designating property as a landmark or historic district, the Director shall send a copy of such ordinance and a letter outlining the basis of such designation and the obligations and restrictions which result from such designation to the owner of record of each property so designated or each property within the designated district by registered or certified mail.
(K) Amendment; rescission. The City Council may, by ordinance, amend or rescind the designation of landmark or historic district at any time pursuant to the same procedures set forth in this section for the original designation.
(L) Application to public property.
(1) All properties owned by government entities and/or public agencies shall be subject to the provisions of this section in the same manner as private persons.
(2) All visible modifications or additions to public areas within a landmark or historic district, including street furniture, lighting fixtures and paving materials shall be subject to review by the Board.
(M) Economic impact. The Board shall, in the administration and enforcement of the provisions of this section, take into account all economic factors presented to it. The Board shall recognize the necessity of weighing potential economic detriments against preservationist objectives and shall strive to effect a fair balance in all instances.
(N) Certificate of approval required.
(1) No person shall carry out or cause to be carried out any work on a landmark or structure in a historic district without a certificate of approval first being issued by the Board. For the purposes of this section, any alteration, construction, restoration, remodeling or other changes shall be deemed to require a certificate of approval where such work affects any of the characteristics of the landmark or historic district which were deemed to be significant and intended to be preserved as recited in the ordinance designating such landmark or district.
(2) The Board’s decision to approve or deny an application for a certificate of approval shall include the following criteria:
(a) Any alteration of an existing landmark shall be compatible with its historic character and meet the Secretary of the Interior’s “Standards for Rehabilitation” or other such design guidelines as may have been adopted;
(b) Any alteration of a property within a historic district shall be compatible with its historic character and that of such district and meet the Secretary of the Interior’s “Standards for Rehabilitation” or other such design guidelines as may have been adopted; or
(c) New construction shall be compatible with the historic district in which it is located.
(O) Permits required. Building permits must be obtained prior to any work being done. A Board-approved certificate of approval must be presented to the Building Official prior to any building permit being issued.
(P) Certificate of approval applications forwarded to Director.
(1) All applications for a certificate of approval will be made on forms available at Cozad City Building and shall be forwarded immediately to the Board.
(2) Notwithstanding any other provision of law, the Director shall not permit any work except as pursuant to a certificate of approval issued by the Board as authorized by the City Council.
(3) The Board shall hold a public hearing on applications to it for a certificate of approval.
(4) The determination by the Board on an application for a certificate of approval, or report of any action taken, shall be forwarded to the Director for appropriate action not later than 30 days after receipt of the application by the Board.
(5) The Board’s decision must be accompanied by written findings of fact.
(6) The Board, in considering the appropriateness of any work, shall consider, among other things, the purposes of this section, the historical and architectural value and significance of the landmark or historical district, the texture, material and color of the building or structure in question or its appurtenant fixtures, including signs and the relationship of such features to similar features of other buildings within a historic district and the position of such building or structure in relation to the street or public way, as well as, other buildings and structures.
(7) If, after considering the application for a certificate of approval required by this section, the Board determines that the proposed changes are consistent with the criteria for historic preservation established by this section, the Board shall recommend the issuance of the certificate of approval.
(8) If no certificate is approved, the applicant and the Board shall enter into negotiations to develop a plan whereby modifications in the application would enable the Board to issue a certificate of approval under the criteria listed above and compatible with the guidelines for preservation in the designated ordinance. If the proposed work involves demolition of all or a significant portion of a landmark or property within a historic district or involves construction upon open areas of a landmark or within a historic district and no acceptable plan is negotiated and approved between the applicant and the Board within 30 days of the Board’s decision not to issue a certificate of approval, the city may proceed with eminent domain proceedings to acquire the landmark or the affected property within the historic district, but if the city does not initiate proceedings within 30 days of the Board’s final negotiations with the applicant, the Director shall issue a certificate of approval, permitting the applicant to proceed with the work requested in the application.
(9) No change shall be made in the application for a building or demolition permit after issuance of a certificate by the Board without being resubmitted to the Board and approval in the same manner as provided above.
(Q) Council review of Board recommendations. The Council shall review all Board recommendations and the Board shall submit for approval a record of all its activities to the City Council upon City Council request.
(R) City projects; undertakings. The Board may hold public hearings on city projects and undertakings affecting landmark sites, structures or historic districts and make recommendations to the City Council concerning same.
(S) Advice; guidance to owners. The Board may, upon request of the property owner, render advice and guidance with respect to any proposed work on a landmark or historic district.
(Ord. 1486, passed 3-18-2019) Penalty, see § 31.99