(A)

Designation of Historic Landmarks.

(1)

Procedures For Designation.

(a)

Any person, group, group of persons, association, commission or the city council may institute a request for a historic landmark designation for any structure or site in the city which may have historic significance. All designations of landmarks in the city are subject to review by city council.

(b)

Notification for such public hearings before the planning and zoning commission shall provide due notice to the owner(s) of the property, and an opportunity to be heard at the public hearing.

(c)

Planning and zoning commission shall recommend to city council to approve or deny the designation of a historic landmark based upon criteria in subsection (A)(2) of this section.

(d)

City council shall make a determination on the designation based upon criteria in subsection (A)(2) of this section. Designation of a historic landmark shall not be made if the designation is opposed by the property owner(s).

(2)

Designation Criteria. In making its findings for the designation of a landmark structure and/or site, the city council shall consider the following criteria concerning the such structure and/or site:

(a)

Its character, interest, or value as part of the development, heritage, or cultural characteristics of the city, county, state, or the United States;

(b)

Its location as a site of a significant historic event;

(c)

Its identification with a person or persons who significantly contributed to the culture or development of the city, county, state, or the United States;

(d)

Its exemplification of the cultural, economic, social, or historic heritage of the city, county, state, or the United States;

(e)

Its portrayal of the environment of a group in an era of history characterized by the distinctive architectural style;

(f)

Its embodiment of distinguishing characteristics of an architectural type;

(g)

Its identification as the work of an architect or master builder whose individual work has influenced the development of the city, county, state, or the United States;

(h)

Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation;

(i)

Its relationship to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural, or architectural motif;

(j)

Its unique location or singular physical characteristic representing an established or familiar visual feature of a neighborhood, community, or the city or county;

(k)

Its archaeological significance to the community, city, county, state, and the United States;

(l)

Its vernacular culture (utilitarian purpose without consideration of aesthetic value); or

(m)

Its economic and functional potential.

(B)

Regulation of Construction, Rehabilitation, Demolition, and Removal; Historic Landmarks.

(1)

It shall be unlawful for any person to construct, move, alter, change, makes addition to, make any improvement to, add structures or buildings on a lot or tract with a designated historical landmark, demolish or remove the exterior or any aspect of the exterior of any designated historic landmark, unless the city has previously authorized such work. Prior approval shall not be required for ordinary repair and maintenance, in which there is no exterior change in appearance or materials or changes in color. It shall be unlawful to change the color of the exterior of a designated historic landmark.

(2)

Plans for the alteration of the exterior of a designated historic landmark or new construction to a designated historic landmark on a lot with a designated historic landmark shall be processed in the same manner as subsection 150.12 of the zoning code.

(a)

In addition to the findings of fact set forth in Section 150.12, in reviewing the proposed plans, the planning and zoning board shall provide findings of fact in making its recommendation to city council as follows:

(i)

Whether the proposed work will highlight or positively enhance any exterior architectural feature of the improvement upon which said work is to be done.

(ii)

Whether the proposed work will detract from those characteristics and qualities which deem the structure or site a landmark.

(iii)

Whether the proposed work will have a positive effect on the use of the landmark.

(iv)

Whether the proposed work is consistent with the Secretary of the Interior's standards for rehabilitation.

(3)

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark which does not involve a change in design, material, color, or the outward appearance thereof; nor to prevent any alteration or demolition which the city administrator, or its designee, shall certify is required for the public safety due to an unsafe or dangerous condition.

(Ord. 22-10-18-01, passed 10-18-22)