§ 38-48. Designation of significant historic structures, historic sites and historic districts.

(a)

City register of historic places. There is hereby established a city register of historic places, which shall include:

(1)

All historic structures and historic sites designated as significant pursuant to this section.

(2)

All historic districts designated as significant pursuant to this section.

(b)

Nomination of historic structures, historic sites and historic districts. Nomination of an historic structure or historic site for placement on the city register of historic places shall be made to the historic preservation board on a form created by the board and may be submitted by a member of the historic preservation board; owner(s) of record of the nominated property; the board of city commissioners; or any other person or organization. Nomination of a historic district for designation in the city register of historic places shall be made to the historic preservation board on a form created by the board and may be submitted by a member of the historic preservation board; the owners of record of 51 percent or more of the area in the proposed historic district; the board of city commissioners; or any other person or organization.

(c)

Certification of owner consent for designation. The city staff liaison shall, within ten working days of receipt of a nomination for designation of an historic structure, historic site or historic district, certify that the nomination provides adequate evidence that the owner(s) of record of the nominated property or historic district have provided the required consent for designation as set forth in this section.

(d)

Public hearing and consideration of nominations by the historic preservation board.

(1)

Hearings. The historic preservation board shall hold at least one public hearing on each nomination considered for designation as a significant historic structure, historic site or historic district at a reasonable time and place established by the board. The hearing shall be held no later than 60 days following receipt of a completed application. The hearing may be held during a regular meeting of the board or during a special meeting of the board called in part for that purpose.

(2)

Notice of hearing. At least 20 days in advance of the public hearing on the proposed designation, notice of same shall be published in the official city newspaper. The notice shall state the date, time, and place of the hearing and contain the street address and legal description of the nominated property. The board shall also send by regular mail a written notice of the public hearing, containing the same information as the published notice, to the owners of record of all properties proposed for designation at least 20 days prior to the hearing. In addition, the applicant shall place a sign on the property proposed for designation informing the general public that a public hearing will be held on a specific date concerning the proposed designation. The applicant shall file an affidavit with the city clerk on the day of the public hearing verifying that the sign has been maintained and posted as required by this section. The sign may be removed at the conclusion of the public hearing and must be removed by the applicant at the end of all proceedings on the nomination or upon withdrawal of the nomination. Failure to post the sign in accordance with these procedures, or failure to submit the affidavit prior to the hearing may result in a delay of the public hearing.

(3)

Conduct of hearing. Any person or party may be present and heard at the meeting in person, by agent or by attorney.

(e)

Findings/criteria for designation. The historic preservation board shall, based upon evidence submitted at the hearing, make a recommendation to the board of city commissioners as to whether or not a nominated structure, site or district should be designated historic. In order for the historic preservation board to make a recommendation that a nominated structure, site or district should be designated as historic, the board shall make findings that such structure, site or district has sufficient integrity of location, design, materials, workmanship, or association to make it worthy of preservation or restoration; and possesses significant historical, archeological and/or architectural qualities, and thus qualifies for designation pursuant to one or more of the following criteria:

(1)

Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country;

(2)

Its location as a site of a significant local, county, state, or national event;

(3)

Its identification with a person or persons who significantly contributed to the community, county, state, or country;

(4)

Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of materials;

(5)

Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, state, or country;

(6)

Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;

(7)

Its embodiment of design elements that make it structurally or architecturally innovative;

(8)

Its unique location or singular physical characteristics that make it an established or familiar visual feature;

(9)

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; and/or

(10)

It has yielded or is likely to yield important historical or pre-historical information.

(f)

Recommendations. Within 30 days after the close of the public hearing, if the board finds that the evidence submitted at the hearing meets the criteria for designation, it shall submit a recommendation to the board of city commissioners that the nominated historic structure, historic site or historic district meets the criteria for designation identified in this section. The recommendation shall be accompanied by the following information:

(1)

Explanation of the integrity of the nominated historic structure, historic site or historic district as it relates to the criteria for designation identified in this article;

(2)

Explanation of the significance of the nominated historic structure, historic site or historic district as it relates to the criteria for designation identified in this article;

(3)

The board shall also set forth the following:

a.

The significant architectural features of the nominated historic structure, historic site or historic district that should be protected;

b.

The types of construction, alteration, demolition, and removal that should be reviewed for appropriateness pursuant to the provisions of this section;

c.

Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic structure, historic site or historic district;

d.

The relationship of the nominated historic structure, historic site or historic district to the ongoing effort of the historic preservation board to identify and designate historic structures, historic sites and historic districts that meet the criteria for designation;

e.

Recommendations as to appropriate height and area regulations, setbacks, minimum dwelling size, floor area, sign regulations, and parking regulations necessary or appropriate to the preservation of the nominated historic structure, historic site or historic district; and

f.

A map showing the location of the nominated landmark and the boundaries of the nominated historic district.

(4)

Evidence of owner's consent for designation. For structures and sites, all owners of record must provide consent. For districts, a majority of owners of record within the district must provide consent (with each owner within the district entitled to one vote).

(g)

Consideration of nominations by the board of city commissioners. The board of city commissioners shall, after receiving the recommendation from the board, either designate the historic structure, historic site or historic district or reject the recommendation. If the board of city commissioners makes the designation, it shall do so by ordinance. The board of city commissioners shall not designate any structure, site or district unless the designation meets the public purpose of this article. If the board of city commissioners chooses to reject the recommendation, it shall respond to the board with reasons for rejection of the nomination. The city clerk shall provide a copy of the designation ordinance by regular mail to the owner of record of the historic structure or historic site, or to the owners of record of all property within a nominated historic district. The failure of the city clerk to provide a copy of the designation ordinance to the owners of record does not nullify the designation ordinance.

(h)

The designation ordinance. The designation ordinance shall prescribe the significant architectural features; the types appropriateness; height and area regulations; setbacks; minimum dwelling size; floor of construction, alteration, demolition, and removal that shall be reviewed for appropriateness; the design guidelines for applying the criteria for review of area; sign regulation; and parking regulation. After the designation ordinance is effective, the city clerk shall file a notice with the register of deeds of the county in which the structure, site or district is located, setting forth the description of the real estate upon which the same is located, the fact that same has been designated historic and the nature and extent of the designation.

(i)

Interim control. No building permit shall be issued by the city for alteration, construction, demolition, or removal of a nominated historic structure, historic site or any property within a nominated historic district from the date the complete nomination form is first presented to the city until the final disposition of the nomination by the board of city commissioners unless such alteration, removal, or demolition is authorized by formal resolution of the board of city commissioners. Notwithstanding the foregoing, any application for permit that complies with other ordinances will not be denied if more than 180 days have passed since a complete nomination form is presented to the city.

(j)

Denial of designation. A determination by the historic preservation board that the nominated structure, site or district does not meet the criteria for designation shall be a final administrative decision that may be appealed to the board of city commissioners. Rejection of a recommendation for designation by the board of city commissioners shall be a final administrative decision. Nominations for structures, sites and districts which have been denied designation within the prior 12-month period will not be considered by the board.

(k)

Amendment and rescission of designation. Designation may be amended or rescinded upon petition to the historic preservation board and compliance with the same procedure and according to the same criteria set forth herein for designation, except that designation cannot be amended or rescinded because of a change in owner's consent.

(Prior Code(2), § 2.52.040; Ord. No. 2012-02-4293, § 1, 2-21-2012)