Unified Development Ordinance

Sec. 10.2.16. Historic Landmark Designation

  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. Application
      The application form for historic landmark designation and associated designation report shall be submitted in accordance with 10.2.1.B.
    2. Designation Reports

      The application form shall be accompanied by an investigation and report on the historic, prehistorical, educational, architectural, and/or cultural significance of each building, structure, site, area or object proposed for designation. Requirements for a designation report are found on the application form.

    3. Interior Spaces
      1. Owner consent is required for the designation of interior spaces.
      2. The application must specify the interior features to be included in the designation.
  3. 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 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.
  4. Approval Process Ordinances designating Historic Landmarks shall be adopted and amended and rescinded according to the following procedure.
    1. Planning Director Action
      1. The Planning Director shall review the application for landmark designation for conformance to the application requirements against the applicable requirements of this UDO and the designation report requirements of the City.
      2. Following review, the Planning Director shall prepare a report and forward to the Historic Development Commission.
      3. During the period of Department of Natural and Cultural Resources review, the Planning Director shall draft a designation ordinance for review by the Historic Development Commission and City Council.
    2. Department of Natural and Cultural Resources Review
      The Commission shall review the application and forward the designation report to the State Department of Natural and Cultural Resources, Office of Archives and History. The Department of Natural and 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 on any proposed designation within 30 days from receipt of the investigation and report, the Commission and the City Council shall be relieved of any responsibility to consider the comments.
    3. Historic Development Commission Action
      1. The Historic Development Commission shall hold a legislative hearing on the designation report and proposed ordinance.
      2. The legislative hearing shall be noticed in accordance with the provisions of Sec. 10.1.8. and Sec. 10.2.1.C.
      3. Written notice of the hearing shall also be mailed to all owners and occupants of the subject property(ies) whose identity and current mailing address can be ascertained by the exercise of reasonable diligence.
      4. Taking into consideration the criteria for designation, written comments of the Department of Natural and Cultural Resources, and information received during the legislative hearing, if any, the Commission shall make a recommendation to City Council.
    4. City Council Action
      1. The City Council shall hold a legislative hearing on the designation report and proposed ordinance.
      2. The legislative hearing shall be noticed in accordance with the provisions of Sec. 10.1.8. and Sec. 10.2.1.C.
      3. Following the legislative hearing, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the ordinance. It may also choose to refer the proposed ordinance to the Commission for additional review and recommendation.
  5. Action Following City Council Decision
    1. Upon adoption of the ordinance or any amendments, the Commission shall give written notification of the designation to the owners and occupants of each designated historic property within a reasonable time.
    2. One copy of the ordinance and each amendment shall be filed 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.
    3. 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.
    4. A third copy of the ordinance and each amendment shall be given to the local government building inspector.
    5. Upon adoption of the ordinance or any amendments, the 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. 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.
  6. 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 historic, prehistorical, architectural, educational and/or cultural importance and to possess integrity of design, setting, workmanship, materials, feeling and/or 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 landmark designation ordinance shall specify the interior features to be reviewed and the specific nature of the commission's jurisdiction over those interior features.
TC Number
TC-3-24
Ordinance Number
828 TC 494