(A) City Council’s power to protect historic properties. The City Council is empowered to provide, by regulations, special conditions or restrictions, for the protection, enhancement, preservation and use of designated historic properties. Such regulations, special conditions or restrictions may include appropriate and reasonable control of the use and/or appearance of adjacent or associated private property within the public view, or both.
(B) Acquisition of historic easements. The city may acquire by purchase, donation or condemnation, historic easements to any structure or site within the city, having first determined that such acquisition will be in the public interest. For the purpose of this chapter, HISTORIC EASEMENT is defined as any easement, restriction, covenant or condition running with the land designated to preserve, maintain or enhance all or part of existing places of historical, architectural, archaeological or cultural significance.
(C) Transfer of development rights. The city may establish procedures permitting the owners of designated historic properties to transfer the development rights in such amounts and subject to such conditions as the governing body may establish. For the purposes of this chapter, DEVELOPMENT RIGHTS is defined as those rights granted under the city’s zoning ordinance that regulate the permissible bulk and size of improvements erected upon the designated historic site.
(D) Appropriations for acquisition, management and operating expenses. The governing body of the city is empowered to make appropriations to the Historic Preservation Commission in any amount that it may determine necessary for the expenses of the operation of the Historic Preservation Commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation and management of historic properties. Said additional monies may be secured by the city through the levy of annual special purpose taxes and/or the issuance of revenue bonds. Said taxes and/or bonds shall have first been approved by the qualified voters of the city.
(E) Title to property acquired. All lands, buildings, structures, sites, areas or objects acquired in the name of the city may be maintained by or under the supervision and control of the city.
(F) Exemption of historic properties; health and building codes. The City Council, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt a historic property from the application of such standards contained in the city or state health or building codes, or both, as the City Council, upon recommendation of the Historic Preservation Commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property.
(Prior Code, § 29-3) (Ord. 1243, passed 11-21-2022)