(a) Before any certificate of appropriateness may be issued in any of the circumstances hereinafter enumerated, the Historic Preservation Review Commission shall submit a proposal to the City of Fairmont Planning Commission for the establishment of design review in an historic district, or any part thereof, which district has been established in accordance with the provisions of Section 178.04 of this Article, which proposal shall be in form similar to a request for a zoning map amendment. The Planning Commission shall hold a public hearing on the proposal to establish design review in such historic district or part thereof and any proposed regulations and requirements applicable thereto. Notice of the hearing shall be published at least two (2) times in the principal newspaper of general circulation within the municipality in which the properties to be designated are located; and written notice of the hearing shall be mailed by certified mail with signed return receipt required to the owners and occupants of such properties. All the notices shall be published or mailed not less than ten (10) nor more than (20) days prior to the date set for the public hearing. Following the public hearing, unless fifty percent of the ownership interests in the territory to be subject to design review object to the establishment of design review or the regulations and requirements within thirty days following the public hearing, the Planning Commission may recommend to Council for the City of Fairmont the establishment of design review for the historic district or such part thereof as may have been proposed, and may recommend the approval, amendment or rejection of the proposed regulations or requirements.
(b) If design review is proposed for more than one historic district, a separate proposal and public hearing shall be held for each historic district.
(c) Council may, as in the case of an amendment to the zoning map, act upon said recommendations.
(d) If Council, by ordinance, adopts the recommendations of the Planning Commission regarding said proposal to establish design review in an historic district or any portion thereof, the boundaries of the district subject to design review shall be indicated on the Official Zoning Map for the City of Fairmont.
(e) Within thirty days following the adoption of the aforementioned ordinance, the owners and occupants of each property subject to design review shall be given written notification of the establishment of design review by the Council for the City of Fairmont, which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness from the Historic Preservation Review Commission prior to undertaking any material change within an historic district or so much thereof as has been subject to design review.
(Ord. 1280. Passed 8-24-04.)
(Ord. 1280. Passed 8-24-04.)