§ 32A-5. Historic landmarks—Designation.

(a)

The city commission may designate certain buildings, land, areas and districts in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the city commission has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in the comprehensive zoning ordinance. All zoning district maps shall reflect the designation of an historic landmark subdistrict by the letter "H" as a suffix.

(b)

No permit shall be issued for alteration, construction, removal, or demolition of a nominated landmark or of any property or structure within a nominated historic district from the date of application until the final disposition of the nomination by the city commission unless such alteration, construction, removal, or demolition is authorized by formal resolution of the city commission as necessary for public health, welfare or safety. In no event shall the delay be for more than ninety (90) days.

A structure or district is considered to be nominated if:

(1)

A completed application form signed by the owner or owner's authorized agent has been submitted to the planning department, or

(2)

The landmarking process has been initiated by the board and action to recommend designation of a district or structure as provided for in subsection (c) has been listed on a properly posted agenda for consideration by the board.

(c)

The historic landmark preservation board shall recommend to the city planning and zoning commission that certain buildings, land, areas and districts in the city be designated as historic landmarks. Each recommendation shall include:

(1)

Those premises, lots or tracts to be designated;

(2)

Any additional uses to be permitted in the specific "H" subdistrict;

(3)

Specific criteria for the required preservation of the exteriors of the premises within the designated subdistrict.

(d)

The city planning and zoning commission shall hold public hearings as provided in the comprehensive zoning ordinance of the city to consider any historical landmark subdistrict designation recommended by the board.

(e)

At the conclusion of a hearing the city planning and zoning commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision and shall transmit such recommendation to the city commission.

(f)

After notice and public hearing as required by law in a zoning case under the comprehensive zoning ordinance, the city commission may by ordinance designate an historic landmark subdistrict.

(g)

Upon passage by the city commission of an historic landmark subdistrict designation ordinance, the city secretary shall file a copy of the ordinance with the Harrison County Clerk and the Harrison County Tax Assessor, together with a notice briefly stating the fact of the designation and shall send a copy of such notice by certified mail to the owner or owners of affected property.

(h)

Use classifications as to all property which may be included in an historic landmark subdistrict shall continue to be governed by the comprehensive zoning ordinance of the city and the ordinance establishing the "H" subdistrict.

(i)

The designation of an historic landmark subdistrict may be amended or removed using the same procedure as provided in this chapter for the original designation.

(Ord. No. O-02-36, 12-12-2002)