1169.03 DESIGNATION AND STANDARDS.
   Establishment of Historic Districts and Landmark/Sites. Landmark/sites includes individual properties. Historic district and landmark/sites must be designated or expanded in accordance with the zoning amendment procedures of Chapter 1159: Zoning Text and Map Amendments, except as expressly modified by the provisions of this Section.
   (a)    Initiating an Historic District Landmark/Site/Nomination. A recommendation for establishing an historic district; landmark/site may be initiated from either of the following two (2) sources:
      (1)    Based on its survey, the Architectural Review Board may prepare and submit in accordance with this Chapter, historic district; landmark/sites nominations for Council approval. Such nominations shall first be submitted to the Planning Commission for its review and comment. For the purpose of this Chapter, no building/site may be nominated for inclusion in a district or as a historic site unless the owner of that building/site has been notified and given opportunity to review and comment on said nomination. Any owner objecting to an individual site nomination will submit such by certified letter to the Board. Any objection to designation as a Historic District must include objections by fifty-one percent (51%) of all owners affected in said district with a certified letter outlining the objections sent by the owners to the Board.
      (2)    Owners of property in fee simple wishing to establishing an historic district; landmark/site which includes their property may petition the Board to consider designating said property to be processed as in subsection (a)(1) above.
   (b)    Preparation of Local Historic District; Landmark/Sites Nominations. In order to establish a local historic district, landmark/site, the Board shall prepare or order to have prepared by the individual(s) petitioning the Board as in subsection (a)(2) above a nomination describing said district or landmark/site and shall consist of two (2) parts:
      (1)    Physical description; and
      (2)    A description of historic significance.
   (c)    Approval of Nominations of Local Historic Districts, Landmark/Sites. Before a local historic district, landmark/site is established and the building classifications take effect, the nomination setting forth its boundaries and building classifications must be submitted to, and approved in an ordinance by the Council. The procedure for doing so shall be as follows:
      (1)    In accordance with subsection (b) hereof, the Board must take official action deciding whether or not to submit a nomination to Council for its approval.
      (2)    Prior to taking action at a meeting, the Board shall hold a public hearing to allow public comment. A public hearing may be held separately or in conjunction with the meeting where action on the district is to occur.
      (3)    A public hearing held by the Board for the purpose of allowing comment on a proposed historic district, landmark/site designation shall be preceded by public notice printed twenty (20) days prior to the hearing.
      (4)    After taking action at a meeting the Board shall submit the nomination to Council.
      (5)    Council Resolution to Initiate a Zoning Amendment. Council may adopt a resolution on the submitted nomination to initiate a zoning amendment to establish or expand a historic district or a landmark/site, with referral to the Plan Commission and the Architectural Review Board for review and recommendation in accordance with Chapter 1159: Zoning Text and Map Amendments.
      (6)    After a decision by Council, the Clerk of Council shall notify the Board and the Zoning Inspector.
   (d)    Local Historic District, Landmark/Site Criteria. A local historic district, landmark/site shall not be established unless the proposed nomination includes groups of buildings, structures, sites, monuments, streetscapes, or neighborhoods which meet at least one of the following criteria:
      (1)    Historic:
         A.    Has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the City, State, Nation; or is associated with the life of a person significant in the past; or,
         B.    Is the site of a historic event with a significant effect upon society; or,
         C.    Exemplifies the cultural, political, economic, social, or historic heritage of the community; or,
         D.    Has significant archaeological value as part of the community’s heritage.
      (2)    Architecturally worthy:
         A.    Portrays the environment in an era of history characterized by a distinctive architectural style; or,
         B.    Embodies those distinguishing characteristics of an architectural or engineering type; or,
         C.    Is the work of a designer whose individual work has significantly influenced the development of the community; or,
         D.    Is the work of a designer of such prominence that such work gains its value from the designer’s reputation; or,
         E.    Contains elements of design detail, materials, or craftsmanship which represent a significant innovation; or,
         F.    Contains any architectural style, detail, or other element in danger of becoming extinct; or,
         G.    Owing to its unique location or physical characteristics, represents an established and familiar visual feature of a neighborhood or the City.
   (e)    National Register Nomination. In the event of a National Register nomination in Fremont initiated by a private individual, the Board will review the documentation and submit a recommendation on the eligibility of the proposed property(s) for the National Register to the State Historical Preservation Office within thirty (30) days.
   (f)    Effect of Designation. The historic overlay zoning classification may be applied to historic districts or individual landmarks/sites. Once historic overlay zoning is approved, the Zoning Inspector must cause the historic district designation to be shown upon the Official Zoning Map as an overlay without changing the base zoning district or districts.
      (Ord. 2020-4053. Passed 1-7-21.)