Fulton Identification of historic properties; identification of, and addition to, historic districts; and designation of properties earning the title "A Fulton Preservation Property" ordinance (§ 62-31)

(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.