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HomeMy WebLinkAboutO-1864 - An Ordinance to Amend Ord. No. 1797 to provide for Process for Designation of Historic Properties and Historic Districts for CLG statusORDINANCE NO. 1864 AN ORDINANCE TO AMEND ORDINANCE NO. 1797, CODIFIED AS CHAPTER 2, ARTICLE III, DIVISION 8 OF THE FAIRHOPE CODE OF ORDINANCES, TO PROVIDE FOR THE PROCESS FOR DESIGNATION OF HISTORIC PROPERTIES AND HISTORIC DISTRICTS BY THE FAIRHOPE HISTORIC PRESERVATION COMMISSION WHEREAS, the City Council of Fairhope , Alabama enacted Ordinance No . 1797 and established the Fairhope Historic Preservation Commission (the "Commi ss ion ") pursuant to Alabama Code § 11-68-1 et seq.; and WHEREAS, the City of Fairhope , Alabama applied to become a Certified Local Government ("CLG ") with the Alabama Historical Commission and the State, Tribal , Local , Plans & Grants Division of the National Park Service purs uant to the National Hi storic Preservation Act ; and WHEREAS, the City of Fairhope , Alabama was advised that Ordinance 179 7 must be amended to establish the process of designation of Historic Districts and Historic Properties in accordance with Federal and State law to attain CLG status ; and WHEREAS, the City Council desires to amend Ordinance No . 1797 to establi sh the process for designation of Historic Districts and Historic Properties to enable the City of Fairhope to attain CLG status. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section ID of Fairhope Ordinance No. 1797 ( codified as Section 2-190 of the Fairhope Code of Ordinances) is hereby repealed and replaced with Section ID as follows, and further that Fairhope Ordinance No. 1797 is amended to add Section IV as follows: Section ID: Recommendation and Designation of Historic Districts and Properties A . Preliminary Research by Commission 1. The Commission shall compile and collect information and conduct surveys of historic resources within the City of Fairhope in accordance with the rule s and regulations of the Alabama Historical Commission. 2 . The Commission shall present to the City Council recommendations for Historic Districts and Historic Properties. 3 . Prior to the Commission's recommendation of a Historic Di strict or Hi storic Property to the City Council for designation , the Commission shall prep are a report consisting of: a . a physical description ; b. a statement of the historical , cultural , architectural , and/or ae sthetic significance ; c . a map showing district boundaries and classification (i .e ., historic , non­ historic) of individual properties therein , or showing boundaries of individual Historic Properties ; d. a statement justifying district or individual property boundaries ; e. representative photograph s . B. Designation of a Historic District 1. A Historic District is a geographically definable area, which contain s buildin gs, structures , sites , objects , landscape features and works of art or a combination thereof, which : Ordinance No. 1864 Page -2- a. represents one or more periods , styles, or types of architecture typical of one or more eras in the history of the municipality, county, state , or region ; b. represents a significant aspect of the cultural, political , economic , military, or social history of the locality, region , state, or nation ; c. has had a significant relationship with the life of a historic person or event, representing a major aspect of the history of the locality , region , state, or nation; d. is a part of the historic, architectural, archaeological , or aesthetic heritage of the locality , region , state , or nation; e. contains vernacular structures which contribute to an overall character and sense of place which is representative of the City of Fairhope . 2 . Boundaries of a Historic District designated by City Council shall be shown on the Official Zoning Map or other designated map kept as a public record to provide notice of such designation . 3 . Evaluation of properties within Historic Districts : Individual propertie s within Historic Districts shall be classified as: a . contributing (contributes to the district); b. non-contributing ( does not contribute to the district). C. Designation of a Historic Property 1. A Historic Property is a building, structure, or site deemed worthy of preservation by reason of value to the City of Fairhope for one of the following reasons : a . it is an outstanding example of a structure representative of its era; b. it is one of the few remaining examples of past architectural style ; c. it is a place or structure associated with an event of persons of historic or cultural significance to the City of Fairhope , State of Alabama, or the region ; d. it is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality , county , state or region ; or e. the building or structure is an example of an architectural style , or combination of architectural styles, which is representative of the City of Fairhope, or which is unique to the City of Fairhope. 2 . A Historic Property designated by City Council shall be shown on the Official Zoning Map or other designated map kept as a public record to provide notice of such designation. D. Requirements for Adopting an Ordinance for the Designation of Historic Districts and Historic Properties 1. Application for Designation of Historic Districts or Property : Designations may be proposed by the City Council , the Commission , or: a. for Historic Districts - a historical society , neighborhood association or group of property Owners may apply to the Commission for designation ; b. for Historic Properties - a historical society , neighborhood association or property Owner may apply to the Commission for designation . 2. Required Components of a Designation Ordinance: Any ordinance designating any property or district as historic shall: a. list each property in a proposed Historic District or describe the proposed individual Historic Property; Ordinance No. 1864 Page -3- b. set forth the name(s) of the Owner(s) of the designated property or properties ; and c . require that a Certificate of Appropriateness be obtained from the Commission prior to any Material Change in appearance of the designated property. 3. Required Public Hearings: The Commission shall hold a public hearing on any proposed · ordinance for the designation of any Historic District or Hi storic Property. Notice of the hearing shall be published in accordance with the notice requirements of the City of Fairhope and Alabama law. A notice of such hearing shall be sent via United States Mail to the last-known Owner of the property shown on the Baldwin County tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant under this ordinance . 4. Recommendations on Proposed Designations: A recommendation in support, or with proposed revisions , or in opposition to the proposed Designation Ordinance shall be made by the Commission in the form of a recommendation to the City Council. 5. City Council Action on Commission Recommendation: Following receipt of the Commission's recommendation , the City Council may adopt the Designation Ordinance as proposed, may adopt the Designation Ordinance with an y amendments it deems necessary, may return the Designation Ordinance to the Commission for further evaluation , or reject the ordinance. 6 . Notification of Adoption of Ordinance for Designation : Within thirty (30) days following the adoption of the Designation Ordinance by the City Council , the Commission shall give written notification to the Owners and occupants of each designated Historic Property , and the Owners and occupants of each building, structure or site within a designated Historic District, which notice shall apprise said Owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to undertaking any Material Change in appearance of the Historic Property designated or within the Historic District designated . A notice sent via the United States Mail to the last-known Owner of the property shown on the Baldwin County tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant shall constitute legal notification to the Owner and occupant under this ordinance. The Commission shall also notify all agencies of the City of Fairhope of the Designation Ordinance following adoption by City Council. Section IV: Application to Historic Preservation Commission for Certificate of Appropriateness A. Approval of Alterations, Demolitions, or New Construction in Historic Districts or Involving Historic Properties 1. After the designation by Ordinance of a Historic Property or of a Historic District, no Historic Property may be demolished , no building or structure in a Historic District may be erected or demolished and no Material Change shall be made to the exterior appearance of such Historic Property , or of a structure , or site within such Historic District, unless or until the application for a Certificate of Appropriateness has been approved by the Commission , except that no Certificate of Appropriateness shall be required by the City for the demolition of all or part of a structure , building or other property deemed to be a public nuisance and ordered to be demolished by the City Council. 2 . "Material Change " is defined as:-a change in appearance that will affect either the exterior architectural features of a Historic Property or any building , structure , site , of a property within a local Historic District, or designated by the City Council as a Historic Property including, but not limited to: (1) Reconstruction or alteration of the size , shape , facade or elevation of a Historic Property , including , but not limited to, relocation or replacement of any doors or windows removal or alteration of any architectural features , fayade details or elements ; Ordinance No. 1864 Page -4- (2) Demolition or relocation of a Historic Property; (3) Commencement of excavation for construction purposes ; or (4) Any exterior work that must be permitted by the City. B. Approval of New Construction within Historic Districts 1. The Commission shall issue Certificates of Appropriateness (COA) to new structures constructed within designated Bistoric Districts if these structures conform in design , scale, building materials , setback and landscaping to the character of the district specified in the design criteria developed by the Commission. C. Approval of Signs Within Historic Districts 1. Signs shall be considered as structures and no sign on a Historic Property or in a Historic District shall be changed , erected or demolished unless and until a Certificate of Appropriateness is approved by the Commission . D. Demolition Within Historic Districts 1. The Commission shall not grant Certificates of Appropriateness for the demolition or relocation of a Historic Property or any property within a Historic District unless the Commission finds that the removal or relocation of such building and/or structure will not be detrimental to the historical or architectural character of the district. In making this determination, the Commission shall consider: a. The historic or architectural significance of the structure in or of itself or as part of the district ; b. The importance of the structure to the integrity of the Historic District, the immediate vicinity, area, or relationships to other structures ; c. The difficulty or the impossibility of reproducing the structure because of its design , texture , material , detail , or unique location; d. Whether the structure is one of the last remaining examples of its kind in the neighborhood , the county , or the region or is a good example of its type , or is part of an ensemble of historic buildings creating a neighborhood ; e . Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what effect such plans will have on the architectural , cultural , historical, archaeological , social , or aesthetic nature of the district. 2 . Content of Applications. All applications to demolish or relocate a structure in a Historic District shall contain the following minimum information: a. The date the Owner acquired the property, purchase price , and condition on date of acquisition ; b. Replacement construction plans for the property in question and future use ; c. Financial proof of the ability to complete the replacement project, which may include but not be limited to a performance bond , a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution ; and d. Such other information as may be reasonably required by the Commission . 3 . In no event shall the Commission entertain any application for the demolition or relocation of any Historic Property unless the applicant also presents at the same time the post-demolition or post relocation plans for the site. E. Approval of Alterations or Demolitions of Public Property Within Historic Districts or Public Property Which Has Been Designated as a Historic Property Ordinance No. 1864 Page -5- 1. The requirement of a Certificate of Appropriateness shall apply to public property which has been designated as a Historic Property or which is contained in a Historic District as set forth in this Ordinance, and shall apply to all actions by public authorities which involve Historic Properties and properties within Historic Districts. F. Interior Alternations 1. In its review of applications for Certificates of Appropriateness , the Commission shall not consider interior arrangement or use having no effect on Exterior Architectural Features. G. Failure to Maintain a Historic Property 1. Demolition by neglect and the failure to maintain a Historic Property or a structure in a Historic District shall constitute a change for which a Certificate of Appropriateness is necessary. H. Guidelines and Criteria for Certificates of Appropriateness 1. The Historic Preservation Commission shall approve an application and issue a Certificate of Appropriateness if it finds that the proposed change , erection , or demolition conforms to the general design standards established by the Commission , is compatible with the character of the Historic Property or Historic District and does not detract from the value of the Historic Property or Hi storic District. 2. The Commission shall adopt rules and regulations setting forth the procedure for submission and consideration of applications for Certificates of Appropriateness . The Commission shall also adopt general design standards modeled on those established by the Alabama Historic Commission which shall appl y in considering the approval or denial of Certificates of Appropriateness. I. Submission of Plans to Commission 1. An application for a Certificate of Appropriateness shall be submitted at least thirty (30) days before the next regularly scheduled Commis s ion meeting and shall be accompanied by such drawings , photographs , plans or other documentation as may be required by the Commission , Staff, or other representatives of the City of Fairhope. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site . J . Response to Applications for Certificate of Appropriateness 1. The Commission shall approve the application and issue a Certificate of Appropriateness if it finds that the proposed Material Change( s) in the appearance would not have a substantial adverse effect on the aesthetic, historic , or architectural significance and value of the Historic Property or the Historic District. In making this determination , the Commission shall consider, in addition to any other pertinent factors , the historical and architectural value and significance, architectural style , general design arrangement, texture and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of the other structures in the immediate neighborhood . 2 . The Commission shall deny a Certificate of Appropriateness if it finds that the proposed Material Change(s) in appearance would have substantial adverse effects on the aesthetic , historic , or architectural significance and value of the Historic Property or the Historic District. K . Public Meetings and Hearings on Applications for Certificates of Appropriateness 1. Applications for Certificates of Appropriateness shall be considered by the Commission at public meetings , held at the regularly scheduled Commission monthly meeting. Ordinance No. 1864 Page -6- At least seven (7) days prior to review of a Certificate of Appropriatene ss, the Commission shall take such action as may be reasonably required to inform the Owners of any property likely to be affected by reason of the application , and shall give applicant and such Owners notice of the opportunity to be heard at the public hearing. E . Approval or Rejection of Application for Certificate of Appropriateness 1. The Commission shall approve or reject an application for a Certificate of Appropriateness at a public meeting within sixty (60) days from the submission of a completed application , including all necessary supporting documentation , by the Owner or occupant of a Historic Property, or of a historic building, structure , or site, located within a Historic District. Evidence of approval shall be by a Certificate of Appropriateness issued by the Commission. Notice of the issuance or denial of a Certificate of Appropriateness shall be sent by United States Mail to the applicant and all other persons who have requested such notice in writing filed with the Commission. Failure of the Commission to act within sixty (60) days shall constitute approval and no other evidence of approval shall be needed. An applicant requesting a delay or a Commission-adopted motion to holdover an application shall relieve the Commission of the 60-day deadline. F . Necessary Actions to be Taken by Commission upon Rejection of Application for Certificate of Appropriateness 1. In the event the Commission rejects an application , it shall state its reasons for doing so, and shall transmit a record of such actions and reasons , in writing , to the applicant, and the City Clerk. The Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted . The applicant, if he or she so desires , may make modifications to the plans and may resubmit the application at any time after making any modifications. 2. In cases where the application covers a Material Change in the exterior appearance of a Historic Property or designated building , structure , or site within a Historic District which would require the issuance of a building permit, the rejection of the application for a Certificate of Appropriateness by the Commission shall be binding upon the Building Department or other relevant Departments of the City charged with issuing permits or approvals and, in such cases , no building permit shall be issued . G. Appeals I. Any person having a request for a Certificate of Appropriateness denied by the Commission as hereinafter provided , may appeal such denial to the Circuit Court of Baldwin County, Alabama within thirty (30) days of the Commission 's decision. 2 . Standard of Review. The appeal shall be determined solely on the question of whether the Commission , in rendering its decision , acted beyond the limits of its powers or abused its discretion . H. Certificate of Economic Hardship 1. If the Commission denies an application for a Certificate of Appropriateness , a property Owner may apply for a Certificate of Economic Hardship. The purpose of the Certificate of Economic Hardship is to provide relief where the application of this Ordinance would otherwise impose a Substantial Economic Hardship . 2. Burden of Proof. The burden of proof rests on the applicant to show that the denial of the Certificate of Appropriateness will result in a Substantial Economic Hardship. 3. Applications. The applicant shall provide such information as may be reasonably required by the Commission to establish the Owner 's claim of Substantial Economic Hardship. The data provided by the applicant must be substantiated by proof. The Commission may request additional information from the applicant as necessary to make informed decisions. Certificates of Economic Hardship are granted only to the applicant and are not transferable. Ordinance No. 1864 Page -7- 2. Standards for Consideration. In making its determination , the Commission may consider, but is not limited to, the following described factors , evidence , and testimony: a. Date property was acquired and status of the property under this Ordinance at the time of acquisition , e .g., whether property was protected by this Ordinance, condition at the time of acquisition, etc. b . The structural soundness of the building, or any structures on the property and their suitability for rehabilitation. c. The current level of economic return on the property. d. The economic feasibility ofrehabilitation or reuse of the existing property. e. Comments and/or reports from any community organizations, preservation groups, other associations and private citizens that wish to comment on a submission made under the financial hardship provision ; and f. The extent to which the Owner is responsible for his or her own economic hardship, if any, suc h as the Owner 's failure to: 1. Perform normal maintenance and repairs ; 2 . The Owner 's purchase of the subject property after the enactment of this Ordinance without making said purchase contingent upon the Owner's first obtaining the approvals required by this Ordinance. 3 . Hearing. The Commission shall hold a public hearing as soon as practical but no later than sixty (60) days following receipt of a completed application for a Certificate of Economic Hardship. Notice shall be provided in the same manner the Commission uses for hearings on Certificates of Appropriateness. At the public hearing, the Owner and any other interested parties shall have the right to speak to the Commission and discuss the applicability of the standards set forth above. The Commission shall make its decision at the public hearing. If the Commission fails to timely hold a public hearing the application for a Certificate of Economic Hardship shall be deemed granted. 4. Denial. If the Commission determines to deny the application for a Certificate of Economic Hardship, the applicant shall be notified in writing and shall be provided a copy of the Commission 's final order. 5. Issuance of Certificate. The certificate may be subject to conditions including design guidelines for su bsequent construction not inconsistent with the standards set forth in this Ordinance and the Commission's design guidelines. The Certificate of Economic Hardship sha ll be valid for a period of one hundred twenty (120) days from approval by the Commission. P . Record of Applications for Certificate of Appropriateness and Certificates of Economic Hardship 1. The Commission shall keep a public record of all applications for Certificates of Appropriateness and of all the Commission's proceedings in connection with said application. Q . Certificate of Appropriateness Void if Construction not Commenced 1. A Certificate of Appropriateness shall become void unle ss construction is commenced within twelve (12) months from the date of iss uance. Certificates of Appropriateness are renewable for one (1) additional twelve-month period. R. Requirements of Conformance with Certificate of Appropriateness 1. All work performed pursuant to a Certificate of Appropriateness shall strictly comply with all conditions of s uch certificate. In the event work is not performed in accordance with such Certificate, the City may issue a stop work or cease-and­ desist order . Ordinance No. 1864 Page -8- 2. The City Council shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any Material Change in appearance of a desi gnated Historic Property or Historic Di strict, except those changes made in compliance with the provisions of thi s Ordinance or to preve nt any illegal act or conduct with respect to such Historic Property or Historic District. S. Affirmation of Existing Building and Zoning Codes 1. Nothing in this Ordinance shall be construed as to exempt property owners from complying with existing City building and zoning codes , nor to prevent an y property owner from making any use of hi s property not prohibited by other statutes , ordinances or regulations. The provisions , sections, paragraphs , sentences , clauses, phrases , and parts thereof of this Ordinance are severable , and if any provision , sect ion , paragraph , sentence , clause , phrase , or part thereof of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affect any other provision , section , paragraph , sentence, clause, phrase , or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional or invalid provision , section , paragraph , sentence , clause , phrase , or part thereof. This Ordinance sha ll go into effect upon its passage and publication as provided by law. Adopted and Approved this 23rd day of April , 2026 ATTEST: Adopted and Approved this 23rd day of April , 2026 CERTIFICATE OF CLERK I, Lisa A. Hanks , MMC , City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing copy of Ordinance No. 1864 is a true and correct copy of such Ordinance that was dul y adopted by the City Council of Fairhope , Alabama, on the 23rd day of April , 2026 , as same appears in the official records of sai d City. Posted at City Hall , Public Works Building, and Planning Building on this the J Z ~day of ~.2026. ~frJv 1saA . H ks , City Cler