§ 34-144. Recommendation and designation of historic districts and properties

(a) Preliminary research.

(1) Compilation and collection of information and surveys. The commission shall compile and collect information and conduct surveys of historic resources within the county.

(2) Power to recommend districts and properties. The commission shall present to the county commissioner recommendations for historic districts and properties.

(3) Designation report. Prior to the commission's recommendation of an historic district or historic property to the county commissioner for designation, the commission shall prepare a designation report consisting of:

a. A physical description;

b. A statement of the historical, cultural, architectural and/or aesthetic significance;

c. A map showing district boundaries and classification (i.e., contributing, or non-contributing) of individual properties therein, or showing boundaries of individual historic properties; and

d. Representative photographs.

(b) Historic district designation.

(1) Criteria for selection. An historic district is a geographically definable area which contains buildings, structures, sites, objects and landscape features, or a combination thereof, which:

a. Has special character or special historic/aesthetic value or interest;

b. Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the county, the state or the region; and

c. Causes such area, by reason of such factors, to constitute a visibly perceptible section of the county.

(2) Boundaries. Boundaries of historic districts shall be included in the separate ordinances designating such districts and shall be shown on the official zoning maps of the county.

(3) Property classifications. Individual properties within historic districts shall be classified as:

a. Contributing (contributes to the district);

b. Non-contributing (does not contribute to the district, as provided for in subsection (b)(1) of this section).

(c) Historic property designation. An historic property is a building, structure, site or object, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the nation, the state or the county for one of the following reasons:

(1) It is an outstanding example and representative of its era;

(2) It is one of the few remaining examples of a past architectural style or type;

(3) It is associated with an event or person(s) of historic or cultural significance to the county, the state or the region; or

(4) It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the county, the state or the region.

(d) Ordinance adoption requirements.

(1) Applications. Designations may be proposed by the county commissioner, the commission, or:

a. Historic districts. An historical society, neighborhood association or group of property owners may apply to the commission for designation;

b. Historic properties. An historical society, neighborhood association or property owner may apply to the commission for designation.

(2) Required contents. Any ordinance designating any property or district as historic shall:

a. List each property in a proposed historic district or describe the proposed individual historic property;

b. Set forth the name(s) of the owner(s) of the designated property or properties;

c. Require that a certificate of appropriateness be obtained from the commission prior to any material change in appearance of the designated property; and

d. Require that the property or district be shown on the official zoning maps of the county and kept as a public record to provide notice of such designation.

(3) Public hearing. The commission and the county commissioner shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues in the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last known owner of the property shown on the county tax digest and a notice sent via attention of the occupant shall constitute legal notification to the owner and occupant under this section.

(4) Historic preservation division notification. No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the commission must submit the report required in subsection (a)(3) of this section to the historic preservation division of the department of natural resources.

(5) Recommendations. A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the commission within 15 days following the public hearing and shall be in the form of a resolution to the county commissioner.

(6) Action of commissioner. Following receipt of the commission's recommendation, the county commissioner may adopt the ordinance as proposed, may adopt the ordinance with any amendments deemed necessary, or may reject the ordinance.

(7) Adoption notification. Within 30 days following the adoption of the ordinance for designation by the county commissioner, the owner(s) and occupant(s) of each designated historic property and each individual property located within a designated historic district shall be given written notification of such designation by the county commissioner. This notice shall inform said owner(s) and occupant(s) of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last known owner of the property shown on the county tax digest and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this article.

(8) Notification of other agencies. The commission shall notify all necessary agencies within the county of the ordinance for designation.

(9) Moratorium. If an ordinance for designation is being considered, the commission shall have the power to freeze the status of the involved property.

(Ord. of 8-21-2002, § IV)