(A) All recommendations for the establishment of a historic district shall be in the form of a written report and must be based on the criteria outlined in this section. A recommendation for establishing a historic district may be initiated from either of the following two sources:
(1) Based on its survey, the Historic Preservation Commission may draw and submit maps for Common Council approval; and
(2) Owners of property in fee simple wishing to establish a historic district that includes their property may petition the Historic Preservation Commission to consider drawing or submitting a map or maps of said property to the Common Council for its approval. The Historic Preservation Commission may establish in its rules criteria to be met before it considers a petition.
(B) The Historic Preservation Commission may recommend, and the Common Council may provide, that the establishment of a historic district may occur in two phases. During the first phase, which continues for a period of three years from the date the ordinance is adopted, a certificate of appropriateness is required for the following activities: the demolition of any building; the moving of any building; and, the new construction of any principal building or accessory building or structure subject to view from a public way.
(1) At the expiration of the initial three-year period, the first phase of a conservation district continues and the second phase becomes effective unless a majority of the property owners in the district object to the Historic Preservation Commission, in writing, to the requirement of a certificate of appropriateness for the following activities:
(a) A conspicuous change in the exterior appearance of historic buildings by additions, construction, alteration or maintenance involving exterior color changes;
(b) A change in walls or fences or construction of walls or fences, if along public ways; and
(c) A conspicuous change in the exterior appearance of non-historic buildings subject to view from a public way by additions, reconstruction, alteration or maintenance involving exterior color change.
(2) The objections of a majority of the property owners must be received by the Historic Preservation Commission not earlier than 180 days or later than 60 days before the third anniversary of the adoption of the ordinance. The Historic Preservation Commission shall prescribe the method of conducting and/or receiving the objections of the majority of owners in the Commission's rules.
(C) Historic Preservation Commission preparation of historic district maps: in order to establish a historic district, the Historic Preservation Commission shall first prepare a map describing the district in accordance with the following.
(1) The map shall be based on a survey conducted by the Historic Preservation Commission that identifies historic buildings, structures and sites located within the city.
(2) A district may be limited to the boundaries of a property containing a single building, structure or site.
(3) The map may divide the historic district into primary and secondary areas, as follows:
(a) Primary area. The area adjacent to a primary area that has a visual relationship to the primary area and could affect the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with an adjacent primary area.
(b) Secondary area. The area adjacent to a primary area that has a visual relationship to the primary area and could affect the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with an adjacent primary area.
(D) The Historic Preservation Commission shall classify and designate on the map all buildings, structures and sites within each historic district described on the map. Buildings, structures and sites shall be classified as historic or non-historic. Historic buildings, structures and sites must possess identified historic or architectural merit of a degree warranting their preservation. The Historic Preservation Commission shall further classify and designate all buildings and structures within the historic district as follows:
(1) Outstanding: O;
(2) Notable: N;
(3) Contributing: C;
(4) Non-Contributing: NC; and
(5) Non-historic-"Non-Contributing" buildings, structures and sites are those not classified as historic. In lieu of other classifications, the Preservation Commission may devise its own system of further classification of historic buildings, structures and sites.
(E) Common Council approval of historic district maps: before a historic district is established, and the building classifications take effect, the map setting forth the district's boundaries and building classifications must be submitted to, and approved in ordinance by, the New Albany Common Council.
(F) The map establishing the boundaries of a historic district shall be recorded in the office of the Floyd County Recorder.
(Ord. G-99-334, passed 6-28-1999)