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1138.01 DEFINITIONS. (REPEALED)
   (EDITOR’S NOTE: See Definitions in Section 1101.01.)
1138.02 CREATION OF PRESERVATION DISTRICT.
   Council hereby declares as a matter of public policy that distinctive areas of the City where structures tend to be more than fifty (50) years of age exemplify a predominant architectural style, possess historical significance, and/or portray the early development of the City collectively contribute to the economic, cultural, and educational development of the City; further, Council hereby declares as a matter of public policy that the preservation and enhancement of such historic buildings and areas in the City is a public necessity and is required in the interest of the health, safety, and welfare of the people; moreover, Council hereby declares the necessity to identify areas, places, buildings, structures, sites, objects, and works of art based upon historic, architectural, archaeological, or cultural significance related to the historical development of the City for establishment as a preservation district; finally, Council hereby declares the necessity to have a Preservation Commission and shall establish the same along with procedures for the enforcement of historic design review guidelines whereby historic, architectural, archaeological, and cultural resources within a duly designated preservation district are afforded protection from actions that would be detrimental to their preservation, enhancement, and continued use, as well as to prevent inappropriate or incompatible construction within the preservation district. Purely residential structures are expressly exempt from regulation under this chapter.
(Ord. 032-09. Passed 5-21-09.)
1138.03 PURPOSES.
   The purposes of this chapter are:
   (a)   To establish procedures whereby certain specified areas of the City are afforded protection from actions that would be detrimental to preserving established historic and cultural resources in the community, and to pursue the following objectives:
      (1)   Maintain and enhance the distinctive character of historic buildings and historic areas;
      (2)   Safeguard the architectural integrity of historic properties and resources within designated districts;
      (3)   Seek alternatives to demolition or incompatible alterations within designated areas before such acts are performed; and,
      (4)   Encourage development of vacant properties in accordance with the character of the designated districts.
   (b)   To contribute to the economic, cultural and educational development of the City by:
      (1)   Protecting and enhancing the City's attractions to prospective residents, businesses, and visitors;
      (2)   Providing support and stimulus to business and industry;
      (3)   Strengthening the economy of the City by stabilizing and improving property values; and,
      (4)   Facilitating reinvestment in and revitalization of certain older districts and neighborhoods.
         (Ord. 032-09. Passed 5-21-09.)
1138.04 ESTABLISHMENT OF DISTRICT IN ZONE MAP.
   The preservation district shall be established on the official zoning map as an overlay district encompassing all commercial buildings in the downtown of the City. As an overlay district, the requirements of both the preservation district and the underlying zoning district shall apply. (Ord. 032-09. Passed 5-21-09.)
1138.05 CERTIFICATE OF APPROPRIATENESS REQUIRED.
   (a)   Within the boundaries of any preservation district established, a certificate of appropriateness shall be required from the Preservation Commission, regardless of any other rule, regulation or law governing the same or similar matter before any owner of property used for commercial purposes may receive a zoning permit or commence work for any proposed construction, reconstruction, alteration, replacement, repair, modification, or demolition of a structure, exterior wall, or exterior architectural feature of any building or structure, including installation or visible changes to fences, signs, or other visible exterior improvements.
   (b)   Exclusions.
      (1)   Normal maintenance and repair. Now or hereafter in the preservation district, nothing in this section shall be construed to prevent any normal maintenance or repair of a structure or architectural feature which does not involve a change in material, architectural design, arrangement, or texture. At this time, no review of color is required.
      (2)   Demolition after substantial damage. Any structure that has been burned or damaged by an event not within the landowner's control and where more than fifty (50%) percent of the structure is substantially "affected," may be demolished, regardless of the building's significance.
      (3)   Emergency orders. Nothing in this section shall be construed as to prevent the alteration, change, construction, reconstruction, or demolition of any structure or architectural feature which any governmental authority designates as being unsafe or presents a dangerous condition as may be required for the public safety pursuant to any applicable City code.
         (Ord. 032-09. Passed 5-21-09.)
1138.06 HISTORIC DISTRICT GUIDELINES.
   This section provides design review standards for buildings and structures within the preservation district which have been designated as a historic resource by Council or where such designation has been recommended by the Preservation Commission and is pending Council approval, as well as standards for new or existing buildings and structures which do not qualify as a historic resource. These standards are designed to promote redevelopment of historic structures and compatible new development within the preservation district.
   (a)   Standards for Historic Resources. In reviewing proposed alterations or changes to property, the Preservation Commission shall use as evaluative criteria the most recent update of the "United States Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings" by Morton, Hume, Weeks, and Jandl (U.S. National Park Service, Preservation Assistance Division, 1991, as reprinted in 1997). These standards and guidelines are referenced and made a part of this planning and zoning code. The ten (10) standards are restated herein:
      (1)   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
      (2)   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
      (3)   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historic development, such as architectural elements from other buildings, shall not be undertaken.
      (4)   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
      (5)   Distinctive features, finishes, and construction techniques or examples of skilled craftsmanship that characterize a historic property shall be preserved.
      (6)   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing architectural features shall be substantiated by documentary, physical, or pictorial evidence.
      (7)   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
      (8)   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
      (9)   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
      (10)   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
   (b)   Standards for Properties Not Designated as Historic Resources. For property, except purely residential structures, which is not a designated or recommended historic resource, the Preservation Commission shall determine appropriateness by whether the proposed activity will have a negative effect on the historic character and visual integrity of the preservation district. Building architecture, materials, and height should be designed to complement and coordinate with historic resources in the preservation district. If new materials are to be used for buildings that are architecturally undistinguished, they should be selected to coordinate with neighboring structures and to complement the design of the structure. Color selection shall not be subject to review.
   (c)   New Construction Design Standards. Any proposed new construction in the preservation district shall not be limited to any one historical period or architectural style, but shall seek to be evocative of the general architectural styles, historic character, and preserve the architectural integrity of existing historic resources in the district. For example, new buildings should maintain the repetitive storefront widths along established block facades to create a unified street wall. On traditional storefront buildings, recessed entrances are encouraged.
   (d)   Vacant Structure Maintenance Required. The owner of an historic structure or any structure within preservation district, if such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
   (e)   Demolition Applications. Subject to Section 1138.05(b), and subject to an administrative review before the Preservation Commission, demolition of a structure in the preservation district shall only be approved when the structure contains no features of architectural or historic significance, where the structure does not contribute to maintaining the character of the preservation district, and where the applicant allows for reasonable salvage of significant architectural features prior to the issuance of the demolition permit. Factors for consideration may include: the building's historic, architectural, and urban design significance; whether the building is one of the last remaining examples of its kind in the neighborhood, the City, or the region; whether the structure has historic events or persons associated with it; and the building's condition. If the building is not properly secured and is lost during this period due to fire or other causes, then the action is treated as an unlawful demolition.
(Ord. 032-09. Passed 5-21-09.)
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