(A) Criteria.
(1) Nominations shall be made to the Historic Preservation Commission on a form provided by the Commission. A filing fee may be required.
(2) The Commission shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure, or area possesses the integrity of design, workmanship, materials, location, setting and feeling and meets one or more of the following criteria:
(a) Significant value as part of the historic, heritage or cultural characteristics of the community, county, state or nation;
(b) Its identification with a person or persons who significantly contributed to the development of the community, county, state or country;
(c) Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials;
(d) Notable work of a master builder, designer, architect, or artist whose individual work has influenced the development of the community, county, state or country;
(e) Its unique location or singular physical characteristics that make it an established or familiar visual feature;
(f) Its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance;
(g) Area that has yielded or may be likely to yield, information important in history or prehistory.
(3) A preliminary determination as to whether a property, structure, or area meets one or more of the foregoing criteria shall be made within 15 days of filing of a nomination with the Commission.
(B) Landmark designation procedures.
(1) The Commission shall schedule a public hearing within 60 days after the filing of an application to the Planning Department.
(a) Any person, group of persons or association, including, but not limited to the Troy Historic Preservation Commission, may request a historic landmark designation for any structure building or site within the boundaries of the city which may have historic or architectural significance as defined by this subchapter. The Building and Zoning Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Building and Zoning Department which shall be forwarded to the Commission for their consideration.
(b) Notice of date, time, place and purpose of the public hearing shall be sent by mail to owner(s) of record and to the nominator(s) as well as to the adjoining property owners, not less than 15 nor more than 30 days prior to the date of the hearing. A public hearing notice also shall be published in a newspaper having general circulation in the city. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in division (A)(2) above, under Criteria for Landmark Designation.
(c) Upon receipt of the application, the secretary of the Commission shall schedule a public hearing, to be held within 45 days after preliminary approval of application.
(d) During the public hearing, the Commission shall review and evaluate the application according to the criteria established by ordinance.
(e) If the Historic Preservation Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.
(f) A certificate of appropriateness shall be required for alteration, construction, removal or demolition of a proposed landmark from the date when the nomination form is presented to the Commission until the final disposition of the request.
(2) A decision shall be made within 30 days following the date of the closing of the public hearing.
(a) Following the public hearing, the Secretary of the Commission shall prepare the Commission's evaluation, recommendation and all available information for submission to the City Council within 30 days.
(b) If the Commission decides that the landmark should be designated, it shall do so by a resolution passed by a majority of the Commission.
(c) The owner(s) of record shall be notified promptly by a letter containing information of the Commission's decision.
(d) A simple majority vote by the City Council is necessary for approval of a landmark designation. If the City Council approves the application for a designation, a notice will be sent to the property owner, the Building and Zoning Department, the Building Inspector, the City Clerk's office, and recorded with the County Recorder of Deeds. If the City Council denies the petition, no petitioner or applicant can file for 90 days to the Secretary of the Commission.
(e) Buildings designated as historic landmarks shall be subject to issuance of certificates of appropriateness.
(Ord. 2013-06, passed 6-17-2013)
Cross-reference:
Historic Landmarks, see TSO II