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§ 33.84 CRITERIA AND PROCEDURE FOR HISTORIC DISTRICT DESIGNATION.
   (A)   Criteria for historic district designation.
      (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 following criteria shall be utilized by the Troy Historic Commission in determining the designation of historic districts:
         (a)   The historic district contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located in such District;
         (b)   A significant number of structures meeting any of the standards of § 33.83 (A)(2) under Landmark Designation Criteria;
         (c)   Establishing a sense of time and place unique to the city, and/or;
         (d)   Exemplifying or reflecting the cultural, social, economic, political or architectural history of the nation, the state or the city.
      (3)   A preliminary determination as to whether a district or an area meets one or more of the foregoing criteria shall be made within 60 days of the filing of a nomination with the Commission.
   (B)   Historic district designation procedure.
      (1)   Any person, group of persons, or association, including but not limited to the Troy Historic Commission, may present to the Commission a petition requesting that a defined geographic area be designated as an historic district. The Planning Department shall supply, upon request, the application forms. Completed forms shall be submitted to the Building and Zoning Department which shall forward them to the Commission for their consideration.
      (2)   The petition shall contain the names of no less than 51 % of the property owners. If lease holders, with a five year or longer leasehold interest, are signatories to the petition then the petition shall contain no less than 51% of the property owners and/or leaseholders.
      (3)   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 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 § 33.84(A)(2) under Criteria for Historic Designation.
      (4)   Upon receipt of the application, the Secretary of the Commission shall schedule a public hearing to be held within 30 days from after preliminary approval of application.
      (5)   During the public hearing the Commission shall review and evaluate the application according to the criteria established by ordinance.
      (6)   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 regular scheduled meeting.
      (7)   A decision shall be made within 30 days following the date of the closing of the public hearing.
      (8)   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.
      (9)   If the Commission decides that the proposed historic district should be designated, it shall do so by a resolution passed by a majority of the Commission.
      (10)   The owner(s) of record shall be notified promptly by a letter containing information of the Commission's decision.
      (11)   A simple majority vote by the City Council is necessary for approval of a historic preservation 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 that the area has been designated as such and that buildings located within the boundaries of the historic district shall be subject to issuance of certificate of appropriateness. If the City Council denies the petition, no petitioner can file for 90 days to the Secretary of the Commission.
(Ord. 2013-06, passed 6-17-2013)