1134.01 Purpose.
1134.02 Definitions.
1134.03 Procedures for identification, review, and designation of an HPD or HP or landmarks.
1134.04 Location of an HPD or HP.
1134.05 Permitted accessory uses.
1134.06 Procedures for the review of proposed alterations, demolition and new construction and for issuance of approval to proceed with work (Certificate of Appropriateness).
1134.07 Hardship; application filed after denial of a certificate of appropriateness.
1134.08 Demolition or removal of structures in an HPD or an HP.
1134.09 Rescission of a designation or determination.
1134.10 Exclusions.
1134.11 Fees.
1134.12 Affirmative maintenance.
1134.13
Severability.
1134.99 Penalty.
CROSS REFERENCES
Publication of legal notices - see ADM. Ch. 107
Single-Family Residential Districts - see P.& Z. Ch. 1121
Single- and Two-Family Residential Districts - see P.& Z. Ch. 1123
Lagoon District - see P.& Z. Ch. 1125
Multiple Family Residential Districts - see P.& Z. Ch. 1127
Commercial Districts - see P.& Z. Ch. 1129
Additional district regulations - see P.& Z. Ch. 1133
Administrative powers and duties - see P.& Z. Ch. 1171
Procedures - see P.& Z. Ch. 1173
(a) The purpose of this chapter is to promote the health, safety and welfare of the citizens of the City by providing for the identification, protection, enhancement, perpetuation and use of areas, places, buildings, public interior portions of buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value, so that the following objectives are reached:
(1) To maintain and enhance the distinctive and/or aesthetic character, diversity and interest of the City.
(2) To safeguard the architectural integrity of the City's designated historic preservation districts (HPD) and historic properties (HP).
(3) To safeguard the heritage of the City by preserving places, sites, buildings and structures, which reflect elements of the City's cultural, social, economic, political, architectural or archaeological heritage.
(4) To seek alternatives to demolition or incompatible alterations in the HPD and to HPs before such acts are performed.
(5) To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.
(b) The purpose of the HPD or HP nomination and designation provided for in this chapter is to contribute to the economic, recreational, cultural and educational development of the City by:
(1) Fostering a sense of community identification and civic pride by preserving areas, places, buildings, public interior portions of buildings, structures, works of art and other objects which reflect periods, events in history, notable accomplishments of the past and significant persons of the community and its region;
(2) Protecting and enhancing the City's attributes for residents, prospective residents, visitors and tourists;
(3) Strengthening the economy of the City;
(4) Stabilizing and improving property values;
(5) Facilitating the reinvestment in and revitalization of certain districts and neighborhoods;
(6) Promoting use and preservation of historic sites and structures for the education and general welfare of residents of the City.
(Ord. 15-14. Passed 3-17-2014.)
(a) ALTER or ALTERATION, for the purposes of this chapter, shall include the following actions made with respect to the designated portions of an HP or HPD: (1) a change in design, material color, texture, material, interior architectural feature, or exterior architectural feature; (2) any additions to existing areas, places, buildings, structures, works of art or other objects; and (3) material change to a part of a public interior portion of a building. The correction of any deterioration or damage to an area, place, building, structure, work of art or other object and restoration to its condition prior to such deterioration or damage is excluded from the definition of alteration, provided such work does not involve a change in design, material color, texture material or exterior architectural feature.
(b) CERTIFICATE OF APPROPRIATENESS means a certificate issued by the Architectural Board of Review indicating that proposed design plans for alteration or demolition of a property within the HPD or the HP are in accordance with the provisions of this chapter.
(c) DEMOLISH or DEMOLITION means the razing or removal, in whole or in part, of any area, place, building, public interior portion of a building, structure, work of art or other object.
(d) DESIGNATION means the decision by the Commission, pursuant to the provisions of this chapter, to declare a nominated district or property as historic.
(e) EXTERIOR ARCHITECTURAL FEATURE(S) means the architectural style, general design and general arrangement of the exterior of a building or structure including, but not limited to, windows, doors, porches, cornices, exterior wall materials, decorative trim, chimneys, roof structure and roof materials, and other fixtures appurtenant to the exterior of the building or structure.
(f) HISTORIC PROPERTY or HP is any area, place, building, public interior portion of a building, structure, work of art or other object that has been designated historic pursuant to this chapter.
(g) HISTORIC PRESERVATION DISTRICT or HPD is a district containing any area, place, building, public interior portion of a building, structure, work of art or other object, which district has been des-ignated historic pursuant to this chapter.
(h) INTERIOR ARCHITECTURAL FEATURE(S) means the architectural style, design, general arrangement and components of an interior, including but not limited to the kind, color and texture of a building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such interior.
(i) MATERIAL COLOR means the color inherent to a material such as brick or stone. It shall not be construed to refer to exterior painting.
(j) NOMINATION means the initial identification by the Commission of appropriate districts and properties as eligible for historic designation pursuant to this chapter.
(k) PRESERVATION means the act or process of applying measures to sustain the existing form, integrity and material of an area, place, building, public interior portion of a building, structure, work of art or other object.
(l) PUBLIC INTERIOR PORTION means the interior portion of a building or structure together with its interior architectural features, that is, or was, designed to be customarily open or accessible to the public, including by invitation. Public interior portion does not include an interior portion of a building or structure that was customarily open or accessible to the public if the interior portion has been significantly altered such that a substantial portion of the features reflecting design for public use no longer remain. Terminating the use of an interior portion of a building by the public shall not in and of itself constitute the conversion of the design of such interior portion. Public interior portion does not include the interior portions of a building, which portions were designed to be, and are still, used exclusively as non-public spaces.
(m) SECRETARY OF THE INTERIOR'S STANDARDS FOR RE-HABILITATION means the United States Secretary of the Interior's Standards For Rehabilitation codified at 36 CFR 67 of the Code of Federal Regulations, as the same may be amended from time to time, and associated guidelines established by the Commission, that form the criteria used by the Architectural Board of Review when considering an application for a certificate of appropriateness in an HPD or for an HP.
(n) SUBSTANTIAL HARDSHIP STATEMENT means a statement attested to by an owner or other authorized agent owning and/or using an area, place, building, public interior portion of a building, structure, work of art or other object that is subject to approval of a certificate of appropriateness, that denial of a Certificate of Appropriateness by the City would impose a substantial hardship or burden.
(o) UNIQUE HISTORIC GUIDELINES means any specific guidelines adopted by the Commission, either at the time of nomination or designation of an HPD or HP, or upon subsequent revision and review, to govern any such designated HPD or HP.
(Ord. 15-14. Passed 3-17-2014.)
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