Sec. 10.2.16. Historic Landmark Designation

Image

1. Applicability
   1. The City Council shall designate Historic Landmarks.
   2. Designations and amendments shall be made in accordance with the provisions of this section. Removing the designation from a Historic Landmark shall also follow the provisions of this section.
2. Application Requirements
   1. Designation Reports
      The Historic Development Commission shall make, or cause to be made, an investigation and report on the historical, prehistorical, architectural, archaeological and cultural significance of each building, structure, site, area or object proposed for designation. Applications prepared by owners will be judged by the same criteria as those prepared by the commission. Such reports shall contain the following information:
      1. The name of the property to be considered for designation—both common and historic names, if they can be determined;
      2. The name and address of the current property owner;
      3. The location of the property proposed to be designated historic, including the street address and County tax map and parcel numbers or the parcel identification number;
      4. The date of construction and of any later alterations, if any;
      5. An assessment of the significance of the site or structure based on the criteria for designation cited below;
      6. An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features;
      7. A historical discussion of the site or structure within its type, period and locality;
      8. Archival photographs and/or digital images that clearly depict the property proposed to be designated, including views of all facades, pertinent details and siting, as outlined in the supporting information requirements of the current form for Historic Landmark Designation provided by the City; and
      9. A map showing the location of the property, including any outbuildings and appurtenant features.
   2. Elements of Ordinances Designating Historic Landmarks:
      Ordinances designating historic landmarks shall contain the following elements which shall:
      1. Describe each property designated in the ordinance, including the approximate area of the property so designated;
      2. List the name or names of the owner or owners of the property;
      3. Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological and/or cultural significance;
      4. Describe the nature of the commission's jurisdiction over the interior, if any and those interior features of the property to be reviewed for certificates of appropriateness if they are to be changed;
      5. Require, for each building, structure, site, area or object designated as an historic landmark that the waiting period set forth in the general statutes be observed prior to its demolition;
      6. Provide, for each designated historic landmark, a suitable sign or plaque indicating that the property has been so designated. If the owner consents, the sign or plaque shall be placed upon the property; if the owner objects, the sign or plaque shall be placed on a nearby public right-of-way; and
      7. Recite any other information the governing body deems necessary within the authority conferred by the General Statutes.
3. Approval Process
   Ordinances designating Historic Landmarks shall be adopted and amended according to the following procedure.
   1. Planning Director Action
      ​​​​​​​The Planning Director shall review the designation report and ordinance for conformance to the Application Requirements and provide a report to the Historic Development Commission and City Council that the documents are in conformance with this UDO’s requirements.
   2. Historic Development Commission Recommendation
      The Commission shall forward its recommendation on the report to the City Council. The Council shall refer the report to the State Department of Cultural Resources, Office of Archives and History.
   3. Department of Cultural Resources Action
      ​​​​​​​The Department of Cultural Resources, acting through the State Historic Preservation Officer or designee, may make an analysis of and recommendations concerning the report. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 days following a written request for such analysis has been received by the department, the Commission and the City Council shall be relieved of any responsibility to consider such comments.
   4. Historic Development Commission and City Council Joint Public Hearing
      1. The Historic Development Commission and the City Council shall hold a joint public hearing on the report and proposed ordinance.
      2. Notice of the hearing shall be published at least once in a newspaper generally circulated within the City. Written notice of the hearing shall also be mailed by the Historic Development Commission to all owners and occupants of properties whose identity and current mailing address can be ascertained by the exercise of reasonable diligence.
      3. All such notices shall be published or mailed not less than 10 nor more than 25 days prior to the date set for the public hearing.
      4. The mailed notices in this subsection are for the convenience of property owners and occupants and any defect or their omission therein shall not impair the validity of the public hearing or any action following therefrom.
      5. Following the Joint Public Hearing, the City Council shall refer the proposed ordinance to the Commission for final review and recommendation.
   5. Historic Development Commission Action
      1. Taking into consideration the written comments and recommendations of the Department of Cultural Resources and information received during the Public Hearing, if any, the commission shall make a final recommendation to City Council. The commission may recommend any amendments to the report or ordinance.
      2. Upon adoption of the ordinance or any amendments, the commission shall give written notification of such designation to the owners and occupants of each designated historic property, insofar as reasonable diligence permits.
      3. One copy of the ordinance and each amendment shall be filed by the Historic Development Commission in the office of the County Register of Deeds. Each historic property designated as a historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office and the Historic Development Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment shall be kept on file in the City Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment shall be given to the director of the Inspections Department.
      4. Upon adoption of the ordinance or any amendments, the Historic Development Commission shall give notice to the County tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the assessor in appraising it for tax purposes. The fact that a building, structure, site, area or object has been designated a Historic Landmark shall be clearly indicated on all tax maps maintained by the County or City for such period as the designation remains in effect.
   6. City Council Action
      Following the joint public hearing and upon receipt of the Commission’s final recommendation, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary or reject the proposal. If the City Council rejects a designation report, a copy of the minutes of the meeting at which such a decision to reject the report was made shall be mailed to the owner of the property proposed for designation.
4. Considerations for Approval
   1. Criteria for Designation
      ​​​​​​​No building, structure, site, area or object shall be recommended for designation as a historic landmark unless it is deemed and found by the Historic Development Commission to be of special significance in terms of its historical, prehistorical, architectural, archaeological and cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and association.
   2. Limitations on Interior Designation and Review
      Jurisdiction of the commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned historic landmarks and of privately owned historic landmarks for which consent for interior review has been given by the owner. If an owner's consent has been filed in the office of the County Register of Deeds and indexed according to the name of the owner of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The ordinance establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over those features.