Historic Preservation Ordinance

ARTICLE II. HISTORIC PRESERVATION COMMISSION*

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*Editor's note: Ord. No. 898-02, § 1, adopted Jan. 8, 2002, repealed the former §§ 62-30--62-37 of art. II and enacted new §§ 62-30--62-39 as set out herein. The former §§ 62-30--62-37 pertained to similar subject matter and derived from Ord. No. 685-95, § 1, adopted Feb. 28, 1995.
Cross references: Administration, ch. 2; planning and zoning commission, § 86-26 et seq.

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Sec. 62-26. Established; purpose; appointment; qualifications.

(a) There is established a historic preservation commission, the purpose of which shall be to effect the protection, enhancement, perpetuation and use of districts, sites, buildings, structures and objects which reflect elements of the city's historic, cultural, aesthetic, archaeological and architectural heritage.

(b) The commission shall endeavor to encourage preservation, restoration and rehabilitation of the city's historic structures, districts and neighborhoods.

(c) The commission shall be appointed by the mayor with the consent of the council and shall consist of six members, residents of the city or county. Not more than two members shall reside outside the city limits. In addition, a member of the council and a member of the planning and zoning commission shall serve as ex officio members, but shall have no vote.

(d) To the extent available in the community, the commission shall include professional members representing such disciplines as architecture, law, real estate and other fields related to historic preservation.
(Code 1980, § 33-21)

Sec. 62-27. Terms of members, removal from office.

(a) The members of the historic preservation commission shall hold office for three-year staggered terms from July 1 following their appointment. The mayor shall before July 1 of each year appoint two members who shall hold office for three years and until their successors are appointed.

(b) Upon the recommendation of the mayor, a member of the historic preservation commission may be removed by a vote of five members of the city council. A member may also be removed by six votes of the city council independently of the mayor's approval or recommendation.
(c) Any member who fails to attend three consecutive regular meetings without being formally excused by the commission shall forfeit membership.
(Code 1980, § 33-22)

Sec. 62-28. Officers.

(a) Within 15 days after their appointment, the historic preservation commission shall meet and elect one of its members as president and one as vice-president. The term of the president and vice-president shall be for one year with eligibility for reelection.

(b) The city clerk or a person designated by the director of administration shall be the recording secretary and keep a record of all actions taken at the meeting. A copy of the minutes of every meeting of the historic preservation commission shall be delivered to the city council and shall be public record.
(Code 1980, § 33-23)

Sec. 62-29. Meetings.

Within 15 days after their appointment, the historic preservation commission shall meet to establish a regular meeting date, and thereafter shall meet at least quarterly. Special meetings may be called at any time as needed.
(Code 1980, § 33-4)

Sec. 62-30. Powers and duties.
The historic preservation commission shall have the following powers and duties:

(1) Adopt its own procedural regulations, provided that such regulations are consistent with this chapter, the charter and state law;

(2) Provide education to the public in historic preservation;

(3) Maintain an inventory of national register documents and to make them accessible to the public;

(4) Review and recommend to the city council the identification of significant historical, architectural and archeological properties, sites, structures or areas as city historic districts or as city historic properties without attaching to those districts or properties any restrictions for receiving this identification;

(5) Review and recommend to the city council the designation of city properties fulfilling the requirements, as stipulated in section 62-31(h), as "A Fulton Preservation Property";

(6) Confer recognition upon the owners of city historic properties or of property or structures within city historic districts by means of letters, certificates, plaques or markers;

(7) Make recommendations for the design and implementation of specific markings of the streets and routes for city historic districts or historic properties;

(8) Advise and assist owners of city historic properties or of property or structures within city historic districts on physical and financial aspects of preservation, restoration, rehabilitation and reuse;

(9) Advise and assist interested parties on procedures for inclusion on the National Register of Historic Places;

(10) Review and comment on any national register nominationssubmitted to the historic preservation commission when requested by the property owner;

(11) Review applications for a permit for construction, alteration, removal or demolition affecting properties designated by the city council as "A Fulton Preservation Property";

(12) Document photographically the historic architectural details of "A Fulton Preservation Property" as soon as the historic preservation commission is notified that changes are being considered;

(13) Hold public hearings as necessary;

(14) Interpret and apply design guidelines contained in this article relating to "A Fulton Preservation Property";

(15) Review proposed amendments, applications for special use permits or applications for zoning variances that affect city historic districts or city historic properties and to make recommendations to the city planning and zoning commission or board of adjustment as appropriate, prior to any action by planning and zoning or the board of adjustment;

(16) Periodically review the zoning ordinance and to recommend to the planning and zoning commission and the city council any amendments appropriate for the protection and continued use of city historic properties or property and structures within the city historic districts;

(17) Testify before the city council, planning and zoning and the board of adjustment on any matter affecting historically, architecturally and archaeologically significant properties, structures and areas;

(18) Periodically make recommendations to the city council and planning and zoning on the upgrade of the historic preservation component of the comprehensive plan;

(19) Make recommendations to the director of administration concerning the application for and use of any federal, state or private grant, grant-in-aid, gift or bequest awarded to the city to further the general purposes of this article;

(20) Request from the director of administration, available city staff members as well as other experts for technical advice;

(21) Promote identification, evaluation and protection of prehistoric and historic archaeological resources within the corporate limits of the city; and

(22) Undertake appropriate action necessary for the implementation of the powers and duties and purpose of this article.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-31. Identification of historic properties; identification of, and addition to, historic districts; and designation of properties earning the title "A Fulton Preservation Property".

(a) Powers of identification and designation. The city council, by formal ordinance and upon the completion of the following process may identify properties as city historic properties and/or for inclusion into an historic district: Identification of city historic districts and historic properties and designation of properties earning the title "A Fulton Preservation Property" does not require either federal or state historic register certification.

(b) "Fulton Historic Property" identification.

(1) Criteria to qualify for identification as an historic property. To qualify for identification as an historic property, each property described in the application must meet at least one of the following criteria:
a. Its value as part of the heritage or culture of the community;
b. Its location as a site of a significant event;
c. Its identification with a person or persons who made a significant contribution to the development of the community, state or nation;
d. Its distinguishing characteristics of an architectural style or method of construction;
e. Its identification as the work of a master builder, designer, architect or landscape architect whose work has influenced the development of the community, state or nation;
f. Its elements of design, detailing, materials or craftsmanship which renders it architecturally significant;
g. Its design elements that make it structurally innovative;
h. Its unique location or physical characteristic that makes it a familiar visual feature of the neighborhood or the community;
i. Its character as a particularly fine or unique example of a utilitarian structure with a high level of integrity or architectural significance; and/or
j. Its suitability for preservation or restoration.

(2) Application procedures for identification as an historic property.
a. Applications for identification as an historic property may be obtained from the city clerk or the president of the historic preservation commission.
b. A completed application for identification as an historic property must be submitted to the city clerk or to the president of the historic preservation commission by the owner(s) of the property for which they seek this identification.

(c) "Fulton Historic District" identification.

(1) Criteria to qualify for identification as an historic district.
a. At least ten properties lying within the proposed district boundaries must be identified as "Fulton Historic Properties."
b. A majority of properties lying within the proposed district boundaries must also be identified as "Fulton Historic Properties."

(2) Application procedures for identification as an historic district.
a. Applications for identification as an historic district may be obtained from the city clerk or the president of the historic preservation commission.
b. A completed application for identification as a historic district must be submitted to the city clerk or to the president of the historic preservation commission by one of the following:

1. A group of ten or more owners whose properties are located in close proximity to each other and who collectively seek the inclusion of their properties into an historic district; or

2. The historic preservation commission.

(d) Inclusion into a pre-existing historic district.

(1) Criteria to qualify for inclusion into a pre-existing historic district. To qualify for inclusion into a pre-existing district, a property must be identified as a "Fulton Historic Property" and must be located in close proximity to a pre-existing historic district.

(2) Application procedures for inclusion into a pre-existing historic district.
a. Applications for inclusion into a pre-existing historic district may be obtained from the city clerk or the president of the historic preservation commission.
b. A completed application for inclusion into a historic district must be submitted to the city clerk or to the president of the historic preservation commission by the owner(s) of a property located in close proximity to an already established historic district and who wish their property to be added to that district.

(e) Restrictions applying to properties receiving identification as an historic property or lying within an historic district. No restrictions, either stated or implied, are attached to properties because of their identification as an historic property or because they lie within an historic district. Sections 62-32 through 62-39 of this article do not apply to properties because of their identification as an historic property or because they lie within an historic district.

(f) Review of application(s) seeking identification as an historic property, as an historic district, or for inclusion into a pre-existing historic district.

(1) The president of the historic preservation commission shall add each completed application to the agenda of the next regular meeting for review, providing each member of the commission shall have at least seven days to review the application before the meeting.

(2) Review of all completed applications will be concluded within the 30 days following the historic preservation commission meeting at which the application was first reviewed unless the commission concludes that additional information will be necessary before it may make an informed decision. Upon receipt of the last requested additional information, the review will be concluded within 30 days.

(3) In its review, the historic preservation commission shall be guided by the criteria set out in section 62-31(b), (c), (d) and (e).

(g) Recommendation of the historic preservation commission relating to identification as a historic property, as a historic district, or for inclusion into a pre-existing historic district. Upon consideration of the completed application, the historic preservation commission shall, by majority vote, decide whether to recommend or not recommend approval of the application to the city council.
If the vote is to recommend approval, the president of the historic preservation commission shall notify the property owner(s) and shall submit to the city council the completed application, plus any additional data considered by the commission, together with the vote and the rationale of the commission. If the vote is not to recommend approval, the president of the historic preservation commission shall meet with the property owner(s) and shall explain the commission's rationale for its decision. If the property owner(s) then wish to ask the city council to reject the recommendation of the commission, they may do so. In such case, the property owner(s) shall formally notify the president of the commission, in writing, of his/her intent to appeal the recommendation of the commission to the city council. Upon receipt of that notification, the president shall submit to the city council the completed application, plus any additional data considered by the historic preservation commission, together with the vote and the rationale of the commission.
The decision of the city council to grant, or to deny, identification as an historic property or as an historic district or for inclusion into an historic district is final.
The decision of the city council to grant these designations will be conveyed to the relevant property owner(s), the planning and zoning commission, the historic preservation commission, and to the city planning and protective administration officer.

(h) "A Fulton Preservation Property".

(1) Criteria to qualify for designation as "A Fulton Preservation Property". This designation is the most prestigious recognition granted in the city to an historic property owner. To qualify for this recognition first require that each property owner(s), following the procedures outlined above, must secure for his/her property designation as an historic property. Each property owner(s) must then voluntarily agree, in writing, to abide by the restrictions described in sections 62-32, 62-33, 62-34, 62-35, 62-36, 62-37, 62-38 and 62-39.

(2) Application for designation as "A Fulton Preservation Property".
a. Applications for designation as "A Fulton Preservation Property", together with a copy of the historic preservation ordinance relating to this designation, may be obtained from the city clerk or the president of the historic preservation commission.
b. A completed application for designation as "A Fulton Preservation Property" must be submitted to the city clerk or to the president of the historic preservation commission by the owner(s) of the property for which they seek this designation.
c. Every owner of a property proposed for this designation must sign the application, which will include the following agreement:
"The undersigned, being the owner(s) of the above described property, hereby request its designation as "A Fulton Preservation Property". I/we have read and understood the Fulton Historic Preservation Ordinance. By signing this application, I/we agree that if my/our property(ies) receive this designation, I/we accept all regulations, restrictions and protections set out in Sections 62-32, 33, 34, 35, 36, 37, 38 and 39 of the ordinance relating to historic properties and districts."

(3) Recommendation of the historic preservation commission relating to property seeking designation as "A Fulton Preservation Property". Upon consideration of the completed application, the historic preservation commission shall, by majority vote, decide whether to recommend or not recommend approval of the application to the city council.
If the vote is to recommend approval, the president of the historic preservation commission shall notify the property owner(s) and shall submit to the city council the completed application, plus any additional data considered by the commission, together with the vote and rationale of the commission.
If the vote is not to recommend approval, the president of the historic preservation commission shall meet with the property owner(s) and shall explain the commission's rationale for its decision. If the property owner(s) then wish to ask the city council to reject the recommendation of the commission, they may do so. In such case, the property owner(s) shall formally notify the president of the commission, in writing, of his/her intent to appeal the recommendation of the commission to the city council. Upon receipt of that notification, the president shall submit to the city council the completed application, plus any additional data considered by the historic preservation commission, together with the vote and the rationale of the commission.

(4) Action by the city council. The decision of the city council to grant, or to deny, an historic property the additional designation as "A Fulton Preservation Property" is final. The decision of the city council to grant this additional designation will be conveyed to the relevant property owner(s), the planning and zoning commission, the historic preservation commission, and to the city planning and protective administration officer.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-32. Restriction on properties designated as "A Fulton Preservation Property".
Property owners who voluntarily seek this designation and who sign the statement/agreement stipulated in section 62-31(h), contractually accept all regulations and protections provided in sections 62-32 through 62-39.
Property owners also acknowledge that these regulations, restrictions and protections will apply to the designated property in the future, regardless of the transfer of ownership. Current property owners also agree that, before transferring their property to a new owner, they will notify that subsequent owner, in writing, with a copy sent to the city clerk, of the property's designation as "A Fulton Preservation Property" and will provide the new owner with a copy of the current historic preservation ordinance, a copy of which may be obtained from the city clerk.
Restrictions on properties designated as "A Fulton Preservation Property" may be removed or modified only by formal action of the city council.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-33. Financial incentive to foster historic preservation.
Should the city council establish financial incentives to foster historic preservation excluding recognition by means of letters, certificates, plaques or markers, only those properties designated as "A Fulton Preservation Property" will be eligible.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-34. Design guidelines.
The following design guidelines shall apply to any alteration, demolition or new construction to properties designated by the city council, following the process outlined in this article, as "A Fulton Preservation Property", so that properties will be compatible with their original style and character as well as to the surrounding historical structures:

(1) Height. The height of any proposed alteration or construction should be compatible.

(2) Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible.

(3) Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(4) Roof shape. The design of the roof should be compatible.

(5) Scale. The scale of the structure after alteration, construction or partial demolition should be compatible.

(6) Directional expression. Facades in city historic districts should blend with other structures with regard to directional expression and orientation to the streetscape. Structures in a city historic district should not be significantly higher or wider than surrounding structures. The directional expression of a structure after alteration, construction or partial demolition should be compatible with its original architectural style and character.

(7) Architectural details.
a. Architectural details and materials should be treated so as to make an historic property compatible with its original design or its predominant architectural style.
b. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.
c. Changes that create a false sense of historic architecture should not be undertaken. Most properties change over time; those changes that have acquired historic significance in their own right may be retained and preserved or the property may be restored to its original period.
d. Deteriorated historic features should be repaired rather than replaced. When replacement is required, the new feature shall match the old design and, where economically feasible, materials.
e. Chemical or physical treatments for surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. Sandblasting is not recommended.

(8) Archaeological resources. Significant archaeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures should be undertaken.

(9) Signage. The character of signs should be in compliance with city ordinances and in keeping with the historic or architectural character of the individual property and the surrounding district. The historic preservation commission shall recommend approval or denial to the planning and protective administration official, prior to any installation.

(10) Minimum maintenance. The minimum maintenance standards shall be those outlined in the BOCA National Property Maintenance Code as adopted and updated by the city council.

(11) Ordinary maintenance. Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior element of any building or structure. Ordinary maintenance shall be defined as work, for which a building permit is not required by this Code, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.

(12) Exclusion. This article shall not be construed to prevent the construction, reconstruction, alteration or demolition of any such elements which the authorized municipal officers shall certify as required by health, safety or community welfare.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-35. Historic property construction permit.
The guidelines for the issuance of an historic property construction permit are:

(1) An historic property construction permit will be required for any construction, structural alteration, removal or demolition effecting the exterior of a structure, in whole or in part, and requiring a city building permit.

(2) In addition to the exterior work outlined in the BOCA Code, an historic property construction permit will be required for other work which includes, but is not limited to, addition, alteration or removal of architectural or decorative details as well as signage.

(3) An historic property construction permit will not be required for ordinary maintenance or repair of any exterior element of any building or structure. Ordinary maintenance is defined in section 62-34(11).

(4) An historic property construction permit will not be required for:
a. Landscaping;
b. Paint color;
c. Mailboxes;
d. Light fixtures;
e. Sculpture;
f. Unenclosed patios;
g. Gazebos under 100 square feet;
h. Arbors;
i. Pergolas.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-36. Application for an historic property construction permit.
When an historic property construction permit is required, the applicant shall:

(1) Contact the planning and protective administration officer to discuss the work and to determine the need for an historic property construction permit and/or building permit.

(2) If an historic property construction permit is needed, application should be made to the planning and protective administration officer. The planning and protective administration officer will forward the completed application, along with a bill, [a] current photograph of the property, to the historic preservation commission. Applicants may also be required to submit plans or other information as may be required for such review. Applicants may also submit information deemed necessary to substantiate any claim, including that regarding economic feasibility.

(3) Make every effort to attend the historic preservation commission meeting during which the application is reviewed. Regular meeting dates and times shall be listed on the application form.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-37. Application review.
When a completed application for historic property construction permit has been submitted to the historic preservation commission, the commission shall:

(1) Add the application to the agenda of the next regular meeting for review. The
commission may call a special meeting to review routine applications when delay to the next regular scheduled meeting would create an unnecessary inconvenience to the applicant.

(2) Review of all applications will be completed within 15 days. If the commission cannot meet the time frame specified, due to lack of a quorum, and the applicant desires a decision, the president or vice president designate of the commission shall have the authority to recommend the approval or denial of the permit.

(3) To review the economic feasibility of restoration, preservation work in all applications for an historic property construction permit so as not to impose an economic hardship on any property owner.

(4) Recommendation for approval or denial of the application may be made upon consideration by the commission or within 15 days if additional information is required.

(5) Upon recommendation of approval by the commission, the planning and protective administration official shall issue the permit.

(6) A recommendation of denial shall be accompanied by a statement of reasons for that recommendation. The historic preservation commission shall also include recommendations which would cause the commission to reconsider its recommendation. The commission, director of administration, and the planning and protective administration officer, shall meet with the applicant, as soon as possible, in an attempt to resolve the differences between the owner and commission. If unable to resolve those differences, the director of administration shall refer the matter to the board of adjustment if the property owner desires to appeal. The applicant may amend the application at any time during the review process or reapply at a later date.

(7) If the historic preservation commission fails to recommend approval or denial of the application within 45 days of its submission, the application will be automatically approved.

(8) Once an historic property construction permit has been issued any minor changes, as determined by the planning and protective administration official, may be approved without the submission of a new application. All major changes must be reviewed by the historic preservation commission.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-38. Stop work order.
When the planning and protective administration officer has reason to believe that an action for which an historic property construction permit is required has been initiated, or is about to be initiated, he/she shall make every effort to contact the property owner, occupant, contractor or subcontractor and inform them of the necessity of submitting an application for an historic property construction permit. If the planning or protective administration official determines it is necessary to issue a stop work order, he/she shall make every attempt to serve the same on the property owner, occupant, contractor or subcontractor in person and by certified mail.
(Ord. No. 898-02, § 1, 1-8-02)

Sec. 62-39. Fees and penalties.
Fees shall coincide with existing permit applications. Penalties shall be those set out under the existing penalty provisions in the this Code, General Provisions, Chapter 1, section 1-20, as adopted by the city council.
(Ord. No. 898-02, § 1, 1-8-02)