§ 10.5-4. Recommendation and designation of historic districts and properties.

(a)

Preliminary research by commission.

(1)

Commission's mandate to conduct a survey of local historical resources. The commission shall compile and collect information and conduct surveys of historic resources within the city.

(2)

Commission's power to recommend districts and buildings to the city council for designation. The commission shall present to the city council recommendations for historic districts and properties.

(3)

Commission's documentation of proposed designation. Prior to the commission's recommendation of a historic district or historic property to the city council for designation, the commission shall prepare a 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. historic, nonhistoric) of individual properties therein, or showing boundaries of individual historic properties;

d.

A statement justifying district or individual property boundaries;

e.

Representative photographs.

(b)

Designation of a historic district.

(1)

Criteria for selection of historic districts. A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which:

a.

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

b.

Represents a significant aspect of the cultural, political, economic, military or social history of the locality, region, state or nation;

c.

Has had a significant relationship with the life of a historic person or event, representing a major aspect of the history of the locality, region, state or nation;

d.

Is a part of the historic, architectural, archaeological or aesthetic heritage of the locality, region, state or nation;

e.

Contains vernacular structures which contribute to an overall character and sense of place which is representative of the (jurisdiction).

(2)

Boundaries of a historic district. Boundaries of a historic district shall be shown on the official zoning map of the city.

(3)

Evaluation of properties with historic districts. Individual properties within historic districts shall be classified as:

a.

Contributing (contributes to the district);

b.

Noncontributing (does not contribute to the district).

(c)

Designation of a historic property.

(1)

Criteria for selection of historic properties. A historic property is a building, structure, site, object, work of art; including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the city for one of the following reasons:

a.

It is an outstanding example of a structure representative of its era;

b.

It is one of the few remaining examples of past architectural style;

c.

It is a place or structure associated with an event or persons of historic or cultural significance to the city, State of Alabama, or the region;

d.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region; or

e.

The building or structure is an example of an architectural style, or combination of architectural styles, which is representative of the city or which is unique to the city.

(2)

Boundary description. Boundaries shall be shown on the official zoning map of the city.

(d)

Requirements for adopting an ordinance for the designation of historic districts and historic properties.

(1)

Application for designation of historic districts or property. Designations may be proposed by the city council, the commission, or:

a.

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

b.

For historic properties, a historical society, neighborhood association or property owner may apply to the commission for designation.

(2)

Required components of a designation ordinance. 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 map of the city.

(3)

Required public hearings. The commission 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 the 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 United States Mail to the last-known owner of the property shown on the Marshall County tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant under this ordinance.

(4)

Recommendations on proposed designations. 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 city council.

(5)

City council action on commission recommendation. Following receipt of the commission's recommendation, the city council may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance.

(6)

Notification of adoption of ordinance for designation. Within 30 days following the adoption of the ordinance for designation by the city council, the owners and occupants of each designated historic property, and the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the city council which notice shall apprise said owners and occupants 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 Marshall County tax roll 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 ordinance.

(7)

Notification of other agencies regarding designation. The commission shall notify all municipal agencies within the city of the ordinance for designation.

(8)

Moratorium on applications for alteration or demolition while ordinance for designation is pending. If an ordinance for designation is being considered, the commission shall have the power to freeze the status of the involved property.

(Ord. No. 2013-1, 1-8-13)