(A) The Commission may recommend conservation district designation for a neighborhood or area which has a distinct historic character but does not qualify for local historic district status due to loss of integrity or incompatible new development. To conserve remaining character and ensure compatibility of new construction in a conservation district, a certificate of appropriateness will be required for the following activities: the demolition, construction, or moving of a building, accessory building, or structure, or any addition to an existing building, accessory building, or structure subject to view from a public way.
(B) A recommendation for establishing a conservation district may be initiated from either of the following two sources:
(1) Based on its survey, the Commission may draw and submit conservation district maps for City Council approval.
(2) Owners of property in fee simple wishing to establish a conservation district which includes their property may petition the Commission to consider drawing and submitting a map or maps of said property(ies) to the City Council for its approval. The Commission may establish in its rules criteria to be met before it considers a petition.
(C) Criteria for designation. All recommendations for the establishment of a conservation district shall be in the form of a written report and must be based on the criteria outlined in this section:
(1) The area must possess unifying distinctive elements of either exterior features or built environmental characteristics that create an identifiable setting, character, or association.
(2) The area must lack sufficient historical, architectural, or cultural significance to qualify as a local historic district based on the criteria set forth in § 151.030(D).
(D) City Council approval of conservation districts. Before a conservation district is established, the map setting forth the district's boundaries must be submitted to, and approved in an ordinance by, the City Council. The procedure for doing so shall be as follows:
(1) The Commission shall hold a public hearing to allow public comment. The public hearing may be held separately or in conjunction with the meeting where action on the district is to occur. Such hearing shall be preceded by public notice as set forth in IC 5-3-1.
(2) Upon receiving a favorable recommendation for conservation district designation from the Commission, the map will be submitted to City Council for its approval.
(E) Recording the fact of designation. The map establishing boundaries of a conservation district shall be recorded in the Office of the Allen County Recorder.
(F) Post designation notice. All owners of property receiving conservation district designation shall be notified by mail of the designation within 60 days following approval by City Council.
(G) Location of maps. All designations shall be recorded on a map maintained in the Office of Land Use Management.
(H) Future local historic district designation. Designation as a conservation district does not preclude future designation as a local historic district provided sufficient integrity is restored to meet the criteria for local historic designation.
(Ord. G-06-08, passed 6-10-08)