(A) (1) 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:
(a) Based on its survey, the Commission may draw and submit historic district maps for Common Council approval.
(b) Owners of property in fee simple wishing to establish a historic district which includes their property may petition the Commission to consider drawing and submitting a map or maps of the property to the Common Council for its approval.
(2) The Commission may establish in its rules criteria to be met before it considers a petition.
(B) Conservation districts. The Commission may recommend, and the Common Council may provide that the establishment of a historic district shall 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 any new construction of a 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 does not become effective if a majority of the property owners in the district object to the Commission, in writing, to the requirement that certificates of appropriateness be issued 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 and fences or construction of walls and fences, if along public ways;
(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 Commission not earlier than 180 days or later than 60 days before the third anniversary of the adoption of the ordinance.
(C) Commission preparation of historic district maps. In order to establish a historic district, the 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 Commission which 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 district into primary and secondary areas as follows:
(a) Primary area. The principal area of historic and architectural significance.
(b) Secondary area. An area adjacent to a primary area which has a visual relationship to the primary area and could affect the preservation of the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with an adjacent primary area.
(D) (1) The 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 Commission shall further classify and designate all buildings and structures within a proposed historic district as follows:
(a) Outstanding;
(b) Notable; or
(c) Contributing.
(2) Non-historic buildings, structures, and sites are those not classified on the map as historic. In lieu of other classifications, the Commission may devise its own system of further classification of historic buildings, structures, and sites.
(E) Common Council approval of maps of historic districts. 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 an ordinance by, the Common Council.
(F) Recording the fact of designation. The map establishing boundaries of a historic district may be recorded in the Office of the Miami County Recorder.
(Ord. 2, 2009, passed 2-2-09)