(A) Generally. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. This section shall be known as the “Historic Preservation Commission Act of the City of North Platte”. The purpose of this act is to:
(1) Effect and accomplish the protection, enhancement and perpetuation of such improvements, which represent or reflect elements of the city’s cultural, social, economic, political, engineering and architectural history;
(2) Safeguard the city’s historic and cultural heritage, as embodied and reflected in such historic properties and sites;
(3) Stabilize and improve property values;
(4) Foster civic pride in the beauty and noble accomplishments of the past;
(5) Protect and enhance the city’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;
(6) Strengthen the economy of the city; and
(7) Promote the use of historic properties and sites for the education, pleasure and welfare of the people of the city.
(B) Definitions. Unless the context clearly requires otherwise the following shall be the controlling definitions.
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION. The certificate issued by the Commission approving the demolition of an historic structure, historic site or demolition of any structure or improvement in an historic district. Denial by the Commission of a certificate of appropriateness for demolition results in a certificate for demolition delay by the Commission.
COMMISSION. The Historic Preservation Commission created under this section.
HISTORIC DISTRICT. An area that contains a significant portion of buildings, sites, structures or other improvements which, considered as a whole, possesses integrity of location, design, setting, materials, workmanship, feeling and association, and embodies the distinctive characteristics of a type, period, or method of construction or is associated with events that have made significant contributions to the broad patterns of our local, state or national history.
HISTORIC PROPERTY. Any building, site, structure, object or improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a historic property pursuant to the provisions of this section.
IMPROVEMENT. Any building, structure, or place constituting a physical betterment of real property, or any part of such betterment that has historic significance, exclusive of interior renovation or remodeling.
IMPROVEMENT PARCEL. The unit of property that includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes. Provided, however, that the term IMPROVEMENT PARCEL shall also include an unimproved area of land which is treated as a single entity for tax purposes.
(C) Historic Preservation Commission composition.
(1) The Historic Preservation Commission is hereby created, consisting of 7 members, all of whom shall be residents of the city. Of the membership, 1 shall be an historian, 1 shall be an attorney, 1 shall be a Council member, 1 shall be an architect trained in historical architecture and 3 interested members of the community. The Mayor shall appoint the Commission subject to the confirmation by the Council. The Commission may recommend to the Mayor members to be appointed to the Commission. Membership in the Commission shall be for a term of 3 years with the exception of the Council member of the Commission, who shall be a member of the Commission so long as he or she serves as a Council member and except that 2 members of the first Commission shall serve for terms of 1 year, 2 for terms of 2 years and 2 for terms of 3 years. No salary or compensation shall be paid to any member of the Commission for his or her services.
(2) In the event of a vacancy occurring in the membership of the Commission for any reason, an appointment shall be made to fill the vacancy in the same manner as the original appointments for the unexpired term.
(3) The Commission shall meet quarterly at a designated time and place. Additional meetings may be convened at the request of the Chairperson of the Commission. The City Clerk shall provide 7 days public notice of the meeting prior to such meeting. Official minutes shall be kept for each meeting. A simple majority of the total number of appointed commission members shall constitute a quorum for the transaction of business. If a member has 3 consecutive unexcused absences, the position will become vacant and the Mayor, with the consent of the City Council, shall fill the vacancy.
(4) The Commission shall elect 4 officers, each to serve for the full duration of his or her term of appointment to the Commission; a Chair, a Vice-Chair, a Secretary and a Treasurer. The duties of the Chair shall be to preside at meetings, to assign projects to members, to call special meetings, to issue public statements for the Commission, and in general to assume the duties of directing the activities of the Commission. The duties of the Vice-Chair shall be to act in the place of the Chair in the event of the latter's absence or inability to act. The duties of the Secretary shall be to keep complete and accurate minutes of each meeting. The Secretary shall arrange for a suitable place for each meeting upon instruction from the Vice-Chair. The duties of the Treasurer shall be to work in conjunction with the City Clerk/Treasurer to keep complete and accurate records and accounting for all funds, income and expenditures of every nature of the Commission. All funds of the Commission shall be placed with the City of North Platte in a specially designated city account. The Treasurer shall also prepare a written statement of recommended expenditures and reasons therefore, to be submitted to the City Council for approval, such statements to be subject to the approval of the Commission's Chair and the Commission membership.
(5) Four members of the Commission shall constitute a quorum for the transaction of business.
(6) Except as otherwise provided herein, a majority of affirmative votes from members in attendance shall be required for final action on any matter acted upon by the Commission.
(7) The Commission shall adopt design guidelines based on the Secretary of the Interior's Guidelines for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and other appropriate sources. In doing so, the ordinances recommended by the Commission shall provide for the consideration of economic factors and provide for the recognition of weighing potential economic detriments against preservationist objectives and shall strive to effect a fair balance in all instances.
(8) All plans, projects, proposals, evaluations, specifications, and sketches and other information necessary for the review of the Commission, or colors, building materials, signs or other features subject to public view, shall be made available to the Commission by the applicant or appropriate department of the City of North Platte, along with a copy of the application for the building or demolition permit.
(9) The city Development Department Director or his/her designee shall be the Director of the Commission, without the right to vote, he/she or members of staff shall be the custodian of records, conduct official correspondence and generally to supervise the clerical and technical work of the Commission as required to administer this section. In addition, the Director, for and on behalf of the Commission and with approval and direction of the Commission, shall:
(a) Carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;
(b) Consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historical preservation;
(c) Inspect and investigate structures, sites and areas which are believed worthy of preservation;
(d) Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation and encourage and advise property owners in the protection, enhancement, perpetuation and use of property of historical interest; and
(e) Make recommendations and do such other acts pursuant to this section as the Commission shall direct.
(D) Annual report. The Commission shall make an annual report to the City Council with respect to its activities for the preceding year. The annual report shall be filed with the City Council on or before October 1 of each year.
(E) Historic properties and sites designation criteria. For purposes of this section, a historic property or historic site designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural or cultural significance such as historic properties or sites which:
(1) Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or
(2) Are identified with historic personages or with important events in national, state or local history; or
(3) Embody the distinguishing characteristics of an architectural type or specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or
(4) Is representative of the noble work of a master builder, designer or architect whose individual genius influenced an age; or
(5) Is part of or related to a city center, park or other distinctive area, which should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood, community or the City of North Platte; or
(6) Its archeological importance has yielded or is likely to yield information important regarding the history of the area prior to the establishment of the City of North Platte.
(F) Powers and duties.
(1) Designation. The Commission shall have the power, subject hereto, to designate historic properties and historic sites and to recommend designation of historic districts within city limits. The designation shall be made based on criteria herein. Historic districts shall be approved by the City Council. Once designated, the historic properties, sites, improvements and districts shall be subject to all provisions of the code.
(2) Certificate of appropriateness for demolition.
(a) No permit to demolish all or part of the exterior of a historic property or object or a contributing property in a historic district shall be granted to demolish the property without first receiving a certificate of appropriateness for demolition from the Commission.
(b) At the time that the person applies for a permit to demolish, the application shall be filed with the Commission. The Commission may decide to grant the certificate of appropriateness for demolition or to issue a certificate for demolition delay. If the Commission fails to act on the application for certificate of appropriateness for demolition within 45 days of the application date, it will be deemed as issuance of a certificate of appropriateness for demolition. During the period, the applicant and the Commission shall cooperate in attempting to avoid demolition of the property. If the Commission issues a certificate of demolition delay, the applicant must wait a period of 60 days before proceeding with demolition of the property, during which period the applicant will work with the Commission and other interested parties to achieve viable alternatives to demolition. If at the end of 60 days a viable alternative to demolition has not been determined, the demolition permit will be granted to the applicant.
(c) In determining whether to issue a certificate of appropriateness for demolition, the Commission shall consider and may give weight to any or all of the following:
1. Whether the property or site is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the city and the state;
2. Whether the property or site, although not itself a designated historic structure, contributes to the distinctive architectural or historic character of the district as a whole and therefore should be preserved for the benefit of the city and state;
3. Whether the property or site is of an old and unusual or uncommon design, texture, and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense;
4. Whether the property or site is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided, however, any hardship or difficulty claimed by the owner which is self-created or which is the result of inexcusable neglect to maintain the property in good repair shall not qualify as a basis for the issuance of a certificate of appropriateness;
5. Whether the delay of the permit would result in the loss of all reasonable and beneficial use of or return from the property.
(3) Other duties. In addition to those duties already specified in this section, the Commission shall:
(a) Work for the continued education of the citizens about the historical heritage of North Platte and the historic property designations under the provision of this section;
(b) Cooperate with the State of Nebraska Historical Preservation Office and the Nebraska Historic Preservation Review Board in attempting to include such properties hereunder designated as historic structures or historic sites, or historic districts in the National Register of Historic Places;
(c) As it deems advisable, receive and solicit funds for the purpose of historic preservation in the city. The funds shall be placed in a special city account for such purposes.
(G) Procedures.
(1) Designation of historic properties and sites. The Commission may, after notice and public hearing, establish historic properties, improvements and sites or rescind the designations or recommendation, after application of the criteria herein. At least 30 days prior to the hearing, the Commission shall notify, in writing, the owners of record, as listed in the County Register of Deeds office. The notice shall be by personal delivery of certified mail. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of the hearing shall also be published in the local newspaper at least 10 days prior to the hearing. The Commission shall also notify the Mayor, City Council and City Administrator. Each such department may respond to the Commission within 10 days of notification with its comments on the proposed designation or rescission. The Commission shall then conduct the public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena the witnesses and records as it deems necessary. The Commission may conduct an investigation into the proposed designation or rescission. After the close of the public hearing, the Commission may designate the property as either a historic building, structure, site or object, or may rescind the designation. After the designation or rescission has been made, notification shall also be given to the City Clerk.
(2) Interim control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition or removal of any property or structure which has been nominated for historic sites status from the date of the meeting of the Historic Preservation Commission at which time a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission or the City Council unless the alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than 60 days.
(3) Voluntary restrictive covenants. The owner of any historic property or site may, at any time following the designation of his or her property, enter into a restrictive covenant on the subject property after negotiation with the Commission. The Commission may assist the owner in preparing the covenant in the interest of preserving the historic property. The owner shall record the covenant in the County Register of Deeds office.
(4) Appeal. An appeal from any decision of the Commission of any kind including designation of historical properties or sites may be taken to the City Council. The appeal may be initiated by filing a petition to appeal specifying the grounds therefor, with the City Clerk within 30 days of the date of the decision of the Commission that is being appealed. The City Council shall hold a public hearing on the appeal and may by majority vote of its members reverse or modify any decision of the Commission.
(H) Historic Zoning Overlay District.
(1) Designation of historic districts.
(a) This Historic Preservation Commission may, after notice and public hearing, recommend historic districts. At least 10 days prior to such hearing, the Commission shall notify the owners of records, as listed in the County Register of Deeds office, who are owners of property in the proposed district, the owners of the property immediately adjacent extending 100 feet therefrom, and the owners of property directly opposite thereto extending 100 feet from the street frontage of the opposite property. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of the hearing shall be published at least 20 days prior to the public hearing, the Commission shall also notify the following: Mayor, City Administrator and City Council members. Each may respond to the Commission with its comments on the proposed designation or recission at or prior to the hearing.
(b) The Commission shall then conduct the public hearing and, in addition to the notified persons, may hear expert witnesses and receive records and documentation as it deems necessary. Within 60 days after the close of the public hearing, the Commission may recommend creation or amendment of a historic district. The Commission shall cause the recommendation or recision to be submitted to the City Council for referral to the city’s Planning Commission and approval by the City Council.
(c) All historic districts shall be subject to prior review and recommendation of the Historic Preservation Commission, Planning Commission and subject to final approval by the City Council in accordance with applicable state and city zoning procedure.
(d) Historic districts may also be initiated by a petition of property owners wishing to be included in a historic district. At least 4 property owners within the area to be considered for designation of a historic district shall file such a request with the Historic Preservation Commission. The Commission shall follow the notice and public hearing procedure as outlined herein.
(2) Zoning of historic properties. The historic zoning overlay district designation shall constitute a change in zoning for historic preservation purposes and shall be included as such on the official land use or zoning map. The historic zoning shall be in addition to the existing underlying land use zoning.
(3) Interim control. No building permit shall be issued by the Building Department for alteration, construction, demolition or removal of any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which time a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission and the City Council, unless such alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than 60 days.
(I) Conditions dangerous to life, health or property. Nothing contained in this section shall prohibit the demolition of any historic property, or any improvement on a historic site pursuant to order of any governmental agency or pursuant to any court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health, or property as determined by the Health Department. In such cases, no approval from the Commission shall be required. The Health Department shall promptly notify the Commission of the action being taken. When the emergency conditions do not require demolition, the Health Department shall make every effort to carry out the intent of this section and to use the design guidelines of the Commission when remedying the emergency.
(Ord. 3679, § 1, passed 2-6-2007; Am. Ord. 3685, § 1, 4-3-2007; Am. Ord. 3757, § 1, passed 5-5-2009)