1. Purpose. An historic overlay zone is established for the purpose of the protection of the historical resources of the city. Any development within such zone shall comply with the provisions of this chapter.
2. Boundaries. The boundaries of the historic overlay zone are indicated on the zoning map and follow the boundaries of the federally designated Deadwood National Historic Landmark District and its environs.
3. Planning Units.
   1. The historic overlay zone is comprised of a series of planning units, indicated on the zoning map.
      
      The planning units are based on historical development patterns. The historic preservation commission provided for herein, shall initiate a thorough investigation of each planning unit, and may develop design review guidelines specific to each unit. Such guidelines may be consistent with local, state and federal guidelines and regulations, including, but not limited to, building safety and fire codes and the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation;
   2. Except in planning unit 4 where a certificate of appropriateness is required, no person shall commence any undertaking or project, as defined in Section 17.08.010 of this title, affecting any building, structure or historic resource without approval of such undertaking or project by the historic preservation commission, except when the commission or its staff has determined that the undertaking or project will not encroach upon, damage or destroy any historic property. Such determination shall be based upon the guidelines adopted by the Deadwood historic preservation and district commission(s);
   3. Within planning unit 4, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement or other appurtenant features) nor above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the historic district commission created by Ordinance No. 777. A certificate of appropriateness shall be required whether or not a building permit is required.

(Ord. 952 (part), 1999; Ord. 900 (part), 1995; Ord. 831 § 7.1, 1992)

1. Purpose. By virtue of SDCL 1-19B-2, the city is authorized to establish a historic preservation commission to preserve, promote and develop the historical resources of the city, and to perform such other functions as may be provided by law. Pursuant to Resolution No. 1987-10, such a commission was established. That commission is recognized, and shall consist of its current members until their successors are appointed as provided by this section.
2. Membership. The Deadwood historic preservation commission shall consist of not less than five (5) nor more than ten (10) members, who shall be appointed by the city commission with due regard to proper representation of such fields as history, architecture, urban planning, archeology, paleontology and law. All members of the historic preservation commission shall reside within the city and shall serve for terms not to exceed three (3) years, being eligible for reappointment.
3. Powers of the Historic Preservation Commission. In order to preserve, promote and develop the historical resources of the city, the historic preservation commission shall have the following powers:
   1. To employ such qualified staff personnel, as it deems necessary;
   2. To conduct a survey of local historic properties;
   3. To enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;
   4. To participate in the conduct of land-use, urban renewal and other planning processes undertaken by the city;
   5. To cooperate with the federal, state and local governments in the pursuance of the objectives of historic preservation;
   6. To contract, with the approval of the city, with the state or the federal government, or any agency of either, or with any other organization;
   7. To acquire fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest or donation;
   8. To preserve, restore, maintain and operate historic properties under the ownership or control of the commission;
   9. To sell, lease and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property;
   10. To promote and conduct an educational and interpretive program on historic properties within the city;
   11. In addition to any review by the city's planning and zoning commission and/or building official, the historic preservation commission shall review any undertaking, whether publicly or privately funded, which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places; the issuance of a permit is required before any undertaking which will encroach upon, damage, or destroy historic property may proceed; the decision to approve or deny a permit shall be based on the standards for historic preservation, restoration, and rehabilitation projects adopted by rules promulgated pursuant to SDCL 1-19A-29; properties owned by the State of South Dakota are exempt from local review; and, as appropriate, the historic preservation commission shall also consider criteria contained in Section 17.68.050;
   12. To recommend ordinances and otherwise provide information for the purposes of historic preservation to the city commission;
   13. To investigate and report on the historical, architectural, archeological or cultural significance of any properties proposed to be included in a locally-designated historic district pursuant to SDCL 1-19B-20.

(Ord. 1160, 2011: Ord. 952 (part), 1999: Ord. 900 (part), 1995: Ord. 831 § 7.2, 1992)

1. Purpose. By virtue of SDCL 1-19B-38, the city is authorized to establish a locally designated historic district, and a historic district commission. Pursuant to Ordinance No. 777, such a district and commission were established. That district and commission are recognized by this section.
2. Membership. The historic district commission shall consist of not less than three nor more than seven members appointed by the city commission with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology and law. Where possible, the members shall be selected from residents of the district.
   
   The appointments to membership on the commission shall be so arranged that the term of at least one member will expire each year, and their successors shall be appointed in like manner for terms of three years.
3. Powers of the Historic District Commission. In order to preserve, promote and develop the historical resources of the historic district established by Ordinance No. 777, the historic district commission shall have the following powers:
   1. To study any proposed amendments to Ordinance No. 777 and report thereon;
   2. To adopt rules and regulations;
   3. To employ clerical and technical assistants or consultants;
   4. To accept gifts of money and expend the same for the performance of their purpose;
   5. To issue or deny the issuance of certificates of appropriateness in accordance with Section 17.68.010(C)(3) of this chapter.

(Ord. 831 § 7.3, 1992)

To fulfill the purposes of this chapter:

1. A majority of the members of the historic preservation or historic district commission must vote in agreement to constitute any valid action of that commission.
2. Each commission annually shall elect from its membership a chairperson and vice-chairperson. It shall select a secretary from its membership or its staff. If neither the chairperson nor the vice-chairperson attend a particular meeting, the remaining members shall select an acting chairperson from the members in attendance at such meeting.
3. Each commission shall keep minutes and records of all meetings and proceedings, which shall be a matter of public record.
4. Each commission shall establish its own regular meeting time, which shall be scheduled at least once every month. The chairperson or any two members may call a special meeting to consider an urgent matter.
5. Certificates of appropriateness issued by the historic district commission and project approvals issued by the historic preservation commission shall expire twelve (12) months after issuance. When a certificate or an approval have expired, an applicant may seek a new certificate or approval.
6. Should any voting member of either commission miss three consecutive meetings without adequate excuse, or twenty-five (25) percent of the meetings in any one calendar year, the voting members of that commission shall have the authority to recommend to the city commission that such member be removed from the commission.

(Ord. 900 (part), 1995; Ord. 831 § 7.4, 1992)

The historic district and historic preservation commissions shall use the following criteria and established design review guidelines in granting or denying certificates of appropriateness and project approvals:

1. General Factors.
   1. Architectural design of the resource and proposed alteration;
   2. Historical significance of the resource;
   3. General appearance of the resource;
   4. Condition of the resource;
   5. Materials composing the resource;
   6. Size of the resource;
   7. The relationship of the above factors to, and their effect upon the immediate surroundings and upon the district as a whole and its architectural and historical character and integrity; and
   8. The location and visibility of the alteration and resource.
2. New Construction.
   1. In advance of new construction, steps shall be taken to insure evaluation of possible archaeological resources, as set forth in SDCL 1-20.
   2. The following aspects of new construction shall be visually compatible with the buildings and environment with which the new construction is visually related, including but not limited to: the height, the gross volume, the proportion between width and height of the facade(s), the proportions and relationship between doors and windows, the rhythm of solids to voids created by openings in the facade, the materials, the textures, the colors, the patterns, the trims and the design of the roof.
   3. Existing rhythm created by existing building masses and spaces between them shall be preserved.
   4. The landscape plan shall be compatible with the resource, and it shall be visually compatible with the environment with which it is visually related. Landscaping shall also not prove detrimental to the fabric of a resource, or adjacent public or private improvements like sidewalks and walls.
   5. No specific architectural style shall be required.
   6. With respect to these new construction criteria, the commission shall also consider the zoning classification and historic integrity of visually related buildings.
3. Exterior Alteration.
   1. All exterior alterations to a building, structure, object, site or landscape feature shall be compatible with the resource itself and other resources with which it is related. The original design of a building, structure, object or landscape feature shall be considered in applying these standards.
   2. Exterior alterations shall not affect the architectural character or historic quality of a resource and shall not destroy the significance of resource sites.
4. Demolition.
   1. The individual architectural, cultural and/or historical significance of the resource.
   2. The importance or contribution of the resource to the architectural character of the district and, where appropriate, the damaging impact of the resource on the architectural character of the district.
   3. The importance or contribution of the resource to neighboring property values and, where appropriate, the damaging impact of the resource on neighboring property values.
   4. The commission shall consider the difficulty or impossibility of reproducing such a resource because of its texture, design, material or detail.
   5. An applicant for demolition must receive a certificate of appropriateness or project approval for demolition before receiving a demolition permit, which must be received prior to demolition. In order to receive such certificate of appropriateness or project approval, the applicant must submit plans for the property. In planning unit number 4, such plans must include or contemplate new construction, and the applicant shall provide the historic district commission with plans for this purpose which shall include, but shall not be restricted to, project concept, primary elevations, site plans, completed working drawings for at least the foundation plan which will enable the applicant to receive a permit for foundation construction and a construction or project schedule including satisfactory assurances of compliance with such construction or project schedule. Other than in planning unit number 4, such plans do not have to include new construction.
   6. Applicants that have received a certificate of appropriateness or project approval for demolition shall be permitted to receive such demolition permit without additional commission action, provided that such certificate of appropriateness includes approval of construction plans if the demolition is located within planning unit number 4. Permits for demolition and construction shall be issued simultaneously if the requirements of this section are met, and the applicant has provided financial proof of his or her ability to complete the project.
   7. When the commission recommends approval of demolition of a resource, a permit shall not be issued until all plans for the site have received approval from all appropriate city boards, commissions, departments and agencies.

(Ord. 952 (part), 1999; Ord. 926 (part), 1997; Ord. 831 § 7.5, 1992)

1. Whenever any application for a certificate of appropriateness or project approval is filed with the historic district or historic preservation commission, the commission shall immediately notify the city building official that the application has been filed.
   
   Similarly, whenever the city building official becomes aware that an application has been filed for a permit affecting a property under the jurisdiction of the historic district or historic preservation commission, the city building official shall immediately notify the commission chairperson or vice-chairperson, if the chairperson is unavailable, that such an application has been filed.
2. The commissions and/or their staff shall have the authority to determine when a filed application is complete and contains all required information. An application deemed incomplete by the commissions shall not be considered to have been filed for the purposes of this chapter. The commissions shall develop standard application forms and its written guidelines shall specify what information an applicant shall attach to each form.
3. The chairperson or vice-chairperson of each commission shall establish a regular schedule for the hearings of that commission. At least one hearing shall be scheduled for each month.
4. The applicant shall, upon request, have the right to a preliminary conference with a member of the commission or of the commission staff for the purpose of learning whether changes or adjustments to the application could make it more consistent with the commission’s standards.
5. At the scheduled hearing, the applicant for a certificate of appropriateness or project approval has the right to present any relevant information pertaining to the application. Likewise, the city, the commission and its staff and members of the public shall have the right to present any additional relevant information pertaining to the application.
6. The commissions shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the commission.
7. The issuance of a certificate of appropriateness or project approval shall not relieve an applicant of the need for a companion building permit, conditional use permit, variance or other authorization from compliance with any other requirement or provision of the laws of the city concerning zoning, construction, repair or demolition. In all such cases, applicants are encouraged to apply first for a certificate of appropriateness or project approval as other city agencies will be advised by the historic preservation or historic district commissions in making their subsequent decisions. No building permit which affects a resource shall be issued by the city official prior to the issuance of a certificate of appropriateness or project approval by the historic district or historic preservation commission.

(Ord. 831 § 7.6, 1992)

1. When a claim of unreasonable economic hardship is made due to the effect of this chapter, the owner of record must present evidence sufficient to prove that as a result of the historic district or historic preservation commission’s action he or she is unable to obtain a reasonable return or a reasonable beneficial use. The owner of record shall submit by affidavit to the commission for its review information which shall include, but not be limited to, the following:
   1. Date the property was acquired by its current owner;
   2. Price paid for the property (if acquired by purchase) and the relationship (if any) between the buyer and the seller of the property;
   3. Mortgage history of the property, including current mortgage;
   4. Current market value of the property;
   5. Equity in the property;
   6. Past and current income and expense statements for a two-year period;
   7. Past capital expenditures during ownership of current owner;
   8. Appraisals of the property obtained within the previous two years; and
   9. Income and property tax factors affecting the property.
2. The commission may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.
3. The commission may receive and consider studies and economic analyses from other city agencies and from private organizations relating to the property in question.
4. Should the commission determine that the owner’s present return is not reasonable, it must consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes.
5. Should the applicant satisfy the commission that he or she would suffer an unreasonable economic hardship if a certificate of appropriateness or project approval were not issued, such certificate must be approved.

(Ord. 831 § 7.7, 1992)

The applicant who desires to appeal a decision by the historic district or historic preservation commission shall file an appeal with the circuit court of Lawrence County within thirty (30) days after the determination of the issue by the commission in the manner provided by law.

(Ord. 831 § 7.8, 1992)

In order to insure the protective maintenance of resources, the exterior features of such properties shall be maintained to meet the requirements of the city's property maintenance code and the city's building code under Chapter 15.01 of this code. The building official shall consult with the zoning administrator, director of public work and the historic preservation officer about any suspected violations of said codes.

(Ord. 1250, 2016; Ord. 831 § 7.9, 1992)

The historic preservation commission shall prepare and follow written procedures to identify and protect resources from potential demolition resulting from the deliberate, intentional or inadvertent neglect of the owner or owners.

1. Purpose. The owner or other person having such legal possession, custody, and control of any resource as defined in Chapter 17.08 of this title within an historic district or historic overlay zone shall not allow the potential demolition resulting from the deliberate, intentional or inadvertent neglect.
2. Investigation and Inspection. During the investigation and inspection of any resource under Section 17.68.090 is found that the condition of the resource is suspected of being destroyed, damaged, or lost through or by neglect or intentional neglect of the owner of the resource, the building official shall consult with the zoning administrator, director of public work and the historic preservation officer about any suspected deficiencies or defects.
3. Findings. Upon determination by mutual agreement of the official’s reference in Subsection B. above that demolition or intentional neglect is occurring, the building official shall prepare, within fifteen (15) days of the completion of his investigation and inspection, a written report of his findings on the condition of the resource.
4. Notice of Report. A copy of any report shall be sent by certified mail, return receipt requested, to the owner of the resource and a copy provided to the public work director, zoning administrator, historic preservation officer and the historic preservation commission and may include any recommendations including a time frame to conduct the remedial work or other work necessary to stop the demolition by neglect, stabilize the resource, vacate the property, or demolish the resource.
5. Hearing and Notice of Hearing. Upon receipt of any written report in which the building official has found that there is demolition by neglect, or the resource can or should be demolished, the historic preservation officer shall cause to be scheduled a hearing before the historic preservation commission to review and take action based on the report from the building official. The owner of the resource shall be served with written notice of the time and date of the hearing not less than ten (10) days prior to the hearing.
6. Legal Notice Requirement. Any notice required herein shall be considered delivered if sent by certified mail, return receipt requested and mailed to the last known address of the record owner or owners as listed on the city and/or county tax rolls or by other methods allowed by law.
7. Hearing on Report. At the hearing the historic preservation commission shall receive evidence on the issue of whether the subject resource should be repaired, vacated, stabilized, or can be demolished. At the hearing, the historic preservation commission shall require the owner to present a preliminary plan including a timetable to the historic preservation commission within thirty (30) days generally identifying the work necessary to abate the demolition by neglect. The owner or owners or their agents shall submit an application for a certificate of appropriateness and/or project approval for all proposed work. The historic preservation commission must review and act on all applications before issuance of a building permit. All work shall be completed within ninety (90) days of the approval from the historic preservation commission. The historic preservation commission may grant up to two (2) extensions of ninety (90) days each due to inclement weather or other unforeseen difficulties. Should the historic preservation commission find that the owner or owners have not pursued the necessary repairs with reasonable diligence, the historic preservation commission may pursue civil and/or criminal penalties under Section 17.68.120 and/or request that the city cause the required work to be completed with any costs associated thereto attached to the property as a tax lien.
8. Notice of Commission Action. The historic preservation officer shall notify the owner in writing of the determination of the historic preservation commission and the action required of the owner within ten (10) days of the hearing. Such notice shall identify and provide clear instructions to the owner as to the remedial work required by the historic preservation commission.
9. Remedial Work and Compliance. Upon the completion of any remedial work, recordation work, or other work required by the historic preservation commission, the owner shall notify the historic preservation officer of the completed work. The building official along with the historic preservation officer and any other professional deemed necessary by the building official and/or historic preservation officer shall inspect, within fifteen (15) days of notification, the completed work and shall cause, within fifteen (15) days of the inspection, the issuance of a written report to be submitted to the owner and the historic preservation commission to determine if the work completed is in compliance with city codes and ordinances and meets the requirements of the historic preservation commission. The historic preservation commission must review and act upon all such reports. All remedial work required by the historic preservation commission must be completed in compliance with such plans approved by the historic preservation commission.
10. Intentional Neglect. Intentional neglect shall be defined as willful actions perpetrated by the owner or owners or their agents that result in damage to a resource. Such actions may include, but are not limited to, intentional running of water taps, hoses, or other man-made water devices resulting in flooding, erosion, or other water damage to the resource; intentional exposure of the resource to natural elements of wind, rain, snow, or other precipitation through the opening of windows, doors, skylights, or other moveable features of a resource; intentional drilling, boring, or cutting of holes in the roof, exterior walls or supporting members of a resource.

(Ord. 1250, 2016; Ord. 1081 (part), 2007; Ord. 1007, 2003; Ord. 831 § 7.10, 1992)

In the event any resource shall be damaged by flood, fire, or other catastrophe or unforeseen event that results in damage or possible loss of a resource, and the building official, with the concurrence of the city planner and the historic preservation officer, deems the resource to present an immediate threat to public safety, the historic preservation officer shall call an emergency meeting before the historic preservation commission, which shall take place within seventy-two (72) hours of the event. At such meeting, evidence shall be presented regarding the seriousness of the damage and the threat to public safety and any evidence in rebuttal thereto may also be presented. In the event the danger to public safety is imminent, the owner or owners shall stabilize and protect the resource pending consideration by the historic preservation commission. The historic preservation commission shall, based on the evidence presented, determine the course of action to be taken.

(Ord. 1081 (part), 2007; Ord. 831 § 7.11, 1992)

The following civil and criminal penalties may be imposed upon those persons, firms, or corporations found to have violated requirements or prohibitions contained within this chapter.

1. Civil Penalty.
   1. Any person who constructs, alters, relocates, or demolishes any building or resource in violation of this chapter or causes any building or resource to be constructed, altered, relocated, or demolished in violation of this chapter may be required to restore the building or resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the city. Any civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
   2. If demolition of a building or resource occurs without a certificate of appropriateness, or project approval, then any permits on the subject property, with the exception of a permit to restore the building or resource as set forth above, may be denied for a period of ten (10) years. In addition, the applicant may not be entitled to have issued to the applicant, by any city office, a permit allowing any curb cuts on the subject property for a period of ten (10) years from and after the date of such demolition.
   3. If any other undertaking or project other than the demolition of a building or resource occurs without a required certificate of appropriateness or project approval, then any permits on the subject property, with the exception of a permit to restore the building or resources as set forth above, may be denied for a period of five (5) years. In addition, the applicant may not be entitled to have issued to the applicant, by any city office, a permit allowing any curb cuts on the subject property for a period of five (5) years from and after the date of such undertaking or project.
   4. If any resource found to be in a state of demolition by neglect as outlined in 17.68.100 should be allowed by the owner or owners to remain in a state of demolition by neglect, then any permits for any property issued to the owner or owners, with the exception of those permits expressly for the necessary repairs to restore the resource to a safe and sound condition, may be denied for a period of ten (10) years or until such time as the resource has been returned to a safe and sound condition, whichever is shorter. In addition, the owner or owners may not be entitled to have issued to them, by any city office, a permit allowing any curb cuts on any property for a period of ten (10) years, or until such time as the resource has been returned to a safe and sound condition, whichever is shorter.
2. Criminal Penalty. Any person or legal entity who constructs, alters, relocates, demolishes, or intentionally allows demolition by neglect of any building or resource in violation of this chapter or who causes any building or resource to be constructed, altered, relocated, or demolished in violation of this chapter, shall be guilty of a Class 2 misdemeanor punishable by the maximum sentence as set forth in SDCL 22-6-2. Each day the violation continues to exist shall be punishable as a separate offense.

(Ord. 1204, 2014; Ord. 1081 (part), 2007; Ord. 851 (part), 1993; Ord. 831 § 7.12, 1992)

The city is authorized to make appropriations to the commission necessary for the expenses of the operation of the commission and may make additional amounts available as necessary for the acquisition, restoration, preservation, operation and management of historic properties.

(Ord. 831 § 7.13, 1992)

All property acquired by funds appropriated by the city shall be acquired in the name of the city unless otherwise provided by the city.

(Ord. 831 § 7.14, 1992)

Projects requiring review pursuant to this chapter, after approval by the historic district commission or historic preservation commission, will be submitted to the South Dakota Historical Preservation Center for review as required by SDCL 1-19A-11.1 or any written agreements between the city and the state of South Dakota. The requested certificate of appropriateness or project approval shall be issued or denied by the city after the review process described by SDCL 1-19A-11.1 and its supporting rules or any written agreements between the city and the state of South Dakota has been implemented.

(Ord. 961, 2000: Ord. 831 § 7.15, 1992)