Historic Design Overlay

The purpose of the HD-O is to promote the educational, cultural, and economic welfare of the public by engaging in a comprehensive program of historic preservation to promote, preserve, and protect historic buildings, structures, sites, monuments, streets, squares, and neighborhoods that serve as visible reminders of the historical, archeological, architectural, educational, and cultural heritage of the city. It is the further purpose of this Section for the social, economic, and environmental advantages of the city to promote the use and conservation of such property and to encourage new buildings and developments that will be harmonious with the existing historical, archeological, architectural, educational, and cultural buildings, structures, sites, streets, squares, and neighborhoods.

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These provisions apply to all properties in the HD-O district. In the case of properties located in both the HD-O district and a Character Overlay district listed in Section 11-02- 07.1, the provisions of this Section 11-02-07.2.E shall apply.

Criteria for Designation

Historic Districts and Historic Landmarks shall be designated by ordinance as described in Sections 11-05-05.4.E(2), 11-05-05.4.E(3), and 11-05-05.4.I. The buildings, sites, structures, and objects of an Historic District shall meet one of the following three criteria:

Historical or Cultural Importance

i. Has significant character, interest, or value, as part of the development, heritage, or cultural characteristics of the city, state, or nation;
ii. Is associated with the life of a person significant in the past;
iii. Is the site of an historic event with a significant effect upon society;
iv. Exemplifies the cultural, political, economic, social, educational, or historic heritage of the community;
v. By being part of or related to a street, square, park, or other distinctive area, should be developed or preserved according to a plan based on historic, cultural, or architectural motif; or
vi. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community, or city.

Architectural Importance

i. Portrays the environment in an era of history characterized by a distinctive architectural style;
ii. Embodies those distinguishing characteristics of an architectural-type or engineering specimen;
iii. Is the work of a designer, architect, or craftsman whose individual work has significantly influenced the development of the city, state, or nation; or
iv. Contains elements of design, detail, materials, or craftsmanship that represent a significant innovation.

Archeological Importance

i. Has yielded or may be likely to yield, information important in pre-history or history; or
ii. Contains or is likely to contain physical remains, such as fossils, relics, monuments, art, or symbols, of past human life and activities.

State Property

Nothing in this Section 11-02-07.2.E or related to historic preservation or designation shall be construed to allow the designation, regulation conditioning, restriction or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies, or instrumentalities.

Acquisition of Historic Property

All lands, buildings, structures, sites, or areas acquired by funds appropriated by the City shall be acquired in the name of the City unless otherwise provided by the governing board. So long as owned by the City, historic properties may be maintained by or under the supervision and control of the City.

Acquisition of Historic Easements

(a) The City may acquire, by purchase or donation, historic easements in any area within the jurisdiction of the city wherever and to the extent City Council determines that the acquisition will be in the public interest.
(b) The City Council shall seek a recommendation from the Historic Preservation Commission regarding the historic easement and proposed resolution.

Ordinary Repairs - Public Safety

Nothing in this Section 11-02-07.2.E or related to historic preservation or designation shall be construed to prevent the ordinary maintenance or repair of any exterior feature in an Historic District, or of any Historic Landmark that does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature when the Building Official shall certify such is required for the public safety because of an unsafe or dangerous condition.

Maintenance and Repair Required - Demolition by Neglect

(a) Any property located within an Historic District or Residential Historic District or designated as an Historic Landmark shall be preserved by the owner, or such other person or persons as may have the legal custody or control of the property, against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control of the property shall repair such resource if it is found to have one or more of the following defects, or other defects that in the judgment of the Historic Preservation Commission has a detrimental effect on the historical characteristics of the property or district.

i. The deterioration of exterior walls or other vertical supports;
ii. The deterioration of roofs or other horizontal members;
iii. The deterioration of exterior chimneys;
iv. The deterioration or removal of exterior finishes or fenestration;
v. The ineffective waterproofing of exterior walls, roofs and foundations including broken windows or doors; and
vi. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(b) If the Historic Preservation Commission (HPC) makes a preliminary determination that a resource is being demolished by neglect, it shall direct the Building Official to notify the owner(s) of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record 28 days from the date of mailing of such notice to commence work to correct the specific defects as determined by the HPC.
(c) If the owner(s) fail to commence work within the time allotted as evidenced by a Building Permit, the Historic Preservation Commission (HPC) shall notify the owner(s) in writing to appear at a public hearing before the HPC at a date, time, and place to be specified in the notice, which shall be mailed at least 28 days before the hearing. The HPC shall also notify in writing adjacent property owners and the Registered Neighborhood Association of such hearing. The HPC shall receive evidence on the issue of whether the subject resource should be repaired and the owner(s) may present evidence in rebuttal thereto. If, after such hearing, the HPC determines that the resource is being demolished by neglect, it may direct the City Attorney to commence legal action against the owner(s) if the necessary repairs are not completed within 90 days or a time frame as specified by the HPC.

Exemption from Fire or Building Codes

The City Council, in order to promote the preservation and restoration of any Historic Landmark, or property within an Historic District may, upon the recommendation of the Historic Preservation Commission, exempt an Historic Landmark or property within an Historic District from the application of the City Fire or Building Codes upon compliance with the criteria for exemption set forth in the Codes and upon a finding that non- exemption would prevent or seriously hinder the preservation or restoration of the Historic Landmark or property in an Historic District. Upon rescission of an historic designation, any Code exemption herein granted shall be revoked effective the date of rescission.

Notice of City Departments or Other Agencies

In addition to all other transmittals and notices required by this Section 11-02-07.2.E, within seven calendar days after the designation by ordinance of any Historic District or Landmark, the Historic Preservation Commission shall notify all departments of the city and other governmental agencies having a regulatory or legally prescribed duty affecting such District or Landmark. The notice shall state the fact of such designation, identify the boundary of the District, or the address of the Landmark, and shall summarize the effect such designation will have.

Register of Historic Districts and Landmarks

A current register and map of all Historic Districts and Landmarks that have been designated by ordinance shall be made available upon request from the Planning and Development Services Department or on the City’s website. Such register and map shall be made public and available to the City departments, other governmental agencies, and any interested person.

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