(A) The Board shall recommend to the Board of Commissioners the designation of individual landmarks and historic districts, and the Board of Commissioners shall make these designations by the enactment of ordinances. Each designation of a landmark shall include its entire lot including related buildings and structures and the land that provides the grounds, the premises and the setting for the landmark.
(B) Consideration of the designation of a landmark or a historic district may be originated by the Board or by the filing of an application for designation by a property owner, any resident of the city or any organization in the city. A person or an organization proposing a designation shall give the Board the names and addresses of the owners of the affected property and the owners of all adjoining property as listed on the tax rolls of the city.
(C) The Board shall assemble information about a property or district being considered for designation and shall schedule a public hearing on the proposed designation. Advertised notice of the hearing shall be given, including conspicuous posting on the property or in the proposed district. At least fifteen (15) days prior to the public hearing, written notice shall be given by registered mail to the owners of property under consideration and the owners of all adjoining property. Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the city.
(D) Before its public hearing on the first designation in the city, the Board shall adopt general guidelines that will apply to the city’s landmarks and historic districts and will assist owners in the preservation and rehabilitation of their property. The general guidelines shall include to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and other guidelines that will apply to all designated property in the city. Before each public hearing on a designation, the Board may adopt additional guidelines that will supplement the general guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style, but shall seek to preserve the character and, integrity of the landmark or the historic district. The guidelines shall suggest changes that would be appropriate for landmarks or for property in historic districts. After a designation, the Board may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes and submits the proposed changes to the Board of Commissioners for its comments.
(E) Owners and any interested parties may present testimony and evidence at the public hearing on the designation. The record on the designation may also include letters received by the Board.
(F) A landmark or historic district shall qualify for designation when it meets one (1) or more of the following criteria which shall be discussed in a Board report making its recommendations to the Board of Commissioners:
(1) Its value as a visible remainder of the cultural heritage of the city, state or nation;
(2) Its location as a site of a significant local, state or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the city, state or nation;
(4) Its identification as the work of a builder, designer or architect whose work has influenced the development of the city, state or nation;
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance;
(6) Its value as a building with distinguishing characteristics of an architectural style that are significant for the study of a period, method of construction or use of materials;
(7) Its character as a geographically definable area possessing a significant concentration of buildings that are well designed and other structures all of which are united by past events or by a plan or physical development; or
(8) Its character as an established and geographically definable neighborhood, united by culture, architectural styles or physical development.
(G) After evaluating the testimony and evidence at its public hearing, and all letters, survey information and other material it has assembled, the Board shall make its recommendation to the Board of Commissioners with a written report on the property or area under consideration.
(H) The Joint Planning Commission shall then report on the relationship between the proposed designation and existing and future plans for the development of the city. If the Joint Planning Commission approves of the proposed designation; it shall amend the comprehensive plan to include the proposed designation and shall recommend a change in the zoning map to show the proposed historic designation. The Joint Planning Commission shall forward its comments, the Comprehensive Plan amendment, and the zoning map change to the Board of Commissioners. If the Joint Planning Commission does not approve the proposed designation, it shall forward its comments to the Board of Commissioners.
(I) The Board of Commissioners shall approve, modify or disapprove the proposed designation within sixty (60) days after receiving the recommendation of the Board and the material from the Joint Planning Commission. If the Board of Commissioners decides to make a designation and no comprehensive plan amendment has been adopted and no zoning map change has been recommended, the Board of Commissioners shall request the Joint Planning Commission to reconsider its earlier decision and shall provide that the designation shall take effect after these preliminary steps have been approved.
(J) A historic district shall be an overlay zoning district as provided in the Zoning Code and shall be subject to the use and development regulations and other rules of its underlying zoning district. A landmark shall be subject to the use and development regulations and other rules of its zoning district. When there is a conflict between this chapter and the use and development regulations and other rules of the zoning district, the provisions of this chapter shall be applied.
(K) The Board shall notify each owner of the decision relating to his property and shall arrange that the designation of a property as a landmark or as a part of a historic district be recorded in the land records of the county. The Board shall ask that fees be waived for the city documents recording the designations, the Board shall also give notice of the decision to the government offices in the city and county which shall retain them for future reference.
(L) The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(Ord. 0-90-028, passed 8-27-90)