This article is intended to promote the education, cultural, economic and general welfare of the public, through the protection, enhancement, perpetuation, and use of structures and areas of historic, architectural or cultural significance. In order to maintain the character and beauty of such structures and areas, restrictive requirements are provided governing both the use of land and the erection, moving, demolition, rehabilitation, reconstruction, restoration or alteration of structures thereon. In addition, provisions are made for the appointment by the City Council of a Historic Preservation Commission to advise this body in matters pertaining to this article.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Appointment for member qualification. The Historic Preservation Commission shall consist of a maximum of nine (9) members and no less than five (5) members, which shall to be appointed by the Mayor and approved by the City Council. All members shall have a demonstrated interest in historic preservation and knowledge of the history of the city. The Director of Planning or his/her designee shall serve as an ex officio nonvoting member. Whenever possible, at least two (2) members should be professionals in the fields of law, history, architecture and archaeology.

B.

Compensation. All Historic Preservation Commission members shall serve without compensation.

C.

Term of membership. The terms of members shall be for three (3) years. The terms shall be staggered so that no more than three (3) members shall be appointed in any one year.

D.

Filling of vacancies. Vacancies occurring on the Historic Preservation Commission shall be filled within sixty (60) days by persons appointed by the Mayor and approved by the City Council.

E.

Removal of members. Members may be removed from the Historic Preservation Commission in the same manner they were appointed.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The Historic Preservation Commission shall meet at least four (4) times per year, in public and open meetings, with written minutes kept.

B.

The Historic Preservation Commission shall adopt rules in accordance with the provisions of this article.

C.

The Historic Preservation Commission shall elect a chairperson from its membership and such person shall serve for one year and shall be eligible for reelection.

D.

Three (3) Historic Preservation Commission members shall constitute a quorum, and action taken at any meeting shall require a majority vote of those members present.

E.

Failure to attend three (3) consecutive meetings of the board without valid reasons as determined solely by the other members of the board shall constitute neglect of duty and the board may request the City Council declare the position vacant and appoint a replacement to fill the unexpired term.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Historic Preservation Commission shall have the following duties and powers:

A.

To designate a structure, site, object, area or district as a historic property or historic district;

B.

To issue or deny a certificate of appropriateness for a request for a building permit, demolition permit or moving permit for a historic property or for any structure within a Historic Preservation District;

C.

To conduct surveys of structures and areas for the purpose of determining those of historical, architectural and/or cultural significance;

D.

To maintain and periodically revise a comprehensive inventory and description of structures, sites, markers, objects, areas and/or districts having historical, architectural, archaeological and/or cultural significance, as to period or field of interest;

E.

To advise owners or residents of significant structures, area or sites of any problems and techniques of and resources for historic preservation;

F.

To make recommendations concerning the preparation and publication of maps, brochure and descriptive materials about structures, sites, markers, objects, areas or districts of historical, cultural, architectural and/or archaeological significance and to make recommendations concerning the establishment of an appropriate system of markers for each place;

G.

To assist and encourage any organization or persons who desire to protect, enhance or perpetuate the use of structures, sites, markers, objects, areas or districts of historical, architectural, archaeological and/or cultural significance;

H.

To encourage and assist in the establishment of educational and cultural programs, tours and events to advance the foregoing purposes;

I.

To promote a public interest in the foregoing purposes by carrying on a public relations program from time to time.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Historic Preservation Commission may designate any site, structure, object or area as a historic property or historic district.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

To be designated a historic property or historic district, the Historic Preservation Commission shall find that the property or area satisfies at least one of the following criteria:

A.

Exemplifies or reflects the board, cultural, political, economic or social history of the nation, state or community;

B.

Is identified with historic persons or with important events in national, state or local history;

C.

Embodies the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style or method of construction or of indigenous materials or craftsmanship;

D.

Is representative of the notable work of a master builder, designer or architect whose work influenced his age or development in the nation, state, region or local area; or

E.

Has yielded, or is likely to yield, information important in history or prehistory.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Historic Preservation Commission shall notify in writing all property owners within the area of the proposed historic district or property owners of the proposed historic property, in order to inform them of the subject area, time, date and place of the public hearing at which historic designation will be considered; the notice shall be mailed not less than fifteen (15) days prior to the meeting. At least fifteen (15) days prior to the public hearing, the notice shall be published in the legal notice section of a newspaper of general circulation in the area.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A certificate of appropriateness shall be granted by the Historic Preservation Commission prior to the issuance of a building permit for construction that affects the exterior architectural appearance, a demolition permit or a moving permit for any property designated as a historic property, or located within a historic district, or listed on the National Register of Historic Places. It shall be a violation for any person to commence construction, alteration or modification of any property which has been either designated as historic property or included in a district without first obtaining a certificate of appropriateness.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Historic Preservation Commission shall utilize the Secretary of Interior's Standards for Rehabilitation as the review guidelines for a certificate of appropriateness.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The applicant shall submit to the Planning Department for a review any sketches, plans, drawings, photos or other information which will clearly show the Historic Preservation Commission what changes will be made.

B.

In the case of a demolition permit the applicant is strongly encouraged to, in addition to those items required under Subsection A above, submit to the Planning Department the following documentary evidence:

1.

A report from an architect or other professional trained in historic preservation and protection which tends to establish the criteria of Subsection 90-21-11.A;

2.

A report from an engineer which tends to establish the criteria of Subsection 90-21-11.B; or

3.

An affidavit from the owner which tends to establish the criteria of Subsection 90-21-11.C. Said affidavit shall include:

a.

A written description of all efforts to consider options for renovation, adaptive reuse and redevelopment of the property;

b.

A report from an engineer or architect relating to costs to implement the elements in Subsection 3.a above; and

c.

An appraisal of the property.

C.

The Historic Preservation Commission shall meet within ten (10) business days from the date of submission of a completed application for a certificate of authenticity to review and take action.

D.

The Historic Preservation Commission shall approve, approve with conditions or deny the request at their meeting.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014; Ord. No. 4210-A, § 1, 10-23-2023)

In rare instances, physical deterioration of a historic structure may be so great as to render a structure historically non-significant for loss of integrity. Recognizing that demolition or removal of a historic structure constitutes an irreplaceable loss to the quality and character of the City, a certificate of appropriateness for a demolition permit shall only be granted if one of the following occurs:

A.

The structure is noncontributing to the historic integrity of the historic district and the demolition will not adversely affect the historic character of the property or district.

B.

The structure poses an imminent threat to public health or safety and the demolition of said structure is required to alleviate said threat.

C.

There is no viable economic use of the structure. For purposes of this subparagraph, the term "no viable economic use" shall mean:

1.

The structure is incapable of earning a reasonable economic return;

2.

The structure cannot reasonably be adapted for any other use which would result in a reasonable economic return; and

3.

The owner, using due diligence, has been unable to find a developer, financier, purchaser or tenant that would enable the owner to realize a reasonable economic return.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Any person aggrieved by a decision of the Historic Preservation Commission or this article, shall have the right of appeal to the City Council. An appeal shall be in writing stating the grounds for the appeal and submitted to the Planning Department within five (5) days of the Historic Preservation Commission's decision. The appeal shall be heard by the City Council at their next available meeting.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Any person violating any provision of this article shall be subject to revocation of their certificate of appropriateness by the Historic Preservation Commission with approval of the City Council.

B.

Violation of any provision of this article is an offense and shall be punished according to a schedule of fines, as shall be modified from time to time by the City Council, and made available for public viewing in the office of the City Clerk, as provided in Section 1-14.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)