§ 157.004 DESIGNATION AFTER EFFECTIVE DATE; CHANGE IN STATUS.

(A) A property shall cease to be a designated property, following written application by the owner of record or initiation by the Commission, and determination of the following:

(1) That for a designated property which is not a district property, that a change has occurred since the effective date so that on balance the property does not possess sufficient historic or architectural attributes to qualify as a designated property;

(2) That for a district property, that a change has occurred since the effective date so that on balance the property does not possess sufficient historical or architectural attributes to contribute significantly to the character of the Preservation District which includes the property;

(3) That for any designated district or property, that a taking would result unless the status of the property is changed; or (4) That significant error was made during the designation process. A significant error means: (i) that the property was listed in error because at the time it was listed it did not possess sufficient historical or architectural attributes to qualify for listing; or (ii) that the city failed to provide notice as required by Ordinance 607-C.S. passed 3-19-96; or (iii) the city failed to remove the property after receiving an election for exclusions pursuant to Ordinance 607-C.S.

(5) Any application for a change in status shall be heard by the Commission, and may be appealed to the City Council. Notice of appeal and the conduct of all appeals shall follow the procedures set forth in § 155.287 of the Eureka Municipal Code.

(B) No property shall cease to be a designated property under divisions (A)(1) or (2) of this section if that property has applied for and received economic benefits or regulatory relief from the city by virtue of its status as a designated property unless the property change rendering it nonhistorical or architecturally significant was a natural disaster.

(C) A property which is not a designated property may become a designated property upon application by any person, or initiation by the Commission, if each of the following conditions is satisfied:

(1) If the application is not by the owner of record, the owner of record consents in writing to the designation; and

(2) The property proposed for designation meets guidelines as in effect at the time the designation is considered. Except to the extent modified by the City Council after the effective date, the guidelines shall be those which would apply to eligibility of the property for listing on the National Register of Historic Places.

(D) A district which is not a preservation district may be made a preservation district upon application by any person, or initiation by the Commission, if all of the following conditions are satisfied:

(1) The Commission determines that the district meets guidelines as in effect at the time the designation is considered. Except to the extent modified by the City Council after the effective date, the guidelines shall be those which would apply to eligibility of the district as a historic district on the National Register of Historic Places; and

(2) The Director shall provide, by certified U.S. mail, return receipt requested, a notice and ballot to each owner of record for each property within the proposed district. Each such notice shall clearly inform the recipient of the effect of district designation if approved, specify the status of the recipient’s property in the proposed district (i.e., “contributing” or “non-contributing”), and instruct the recipient as to the location and deadline for submitting ballots to approve or disapprove the district designation; and (3) The Commission has jurisdiction over contributing properties in the Historic Preservation District but does not have jurisdiction over existing noncontributing structures; and.

(4) Sixty percent of the votes cast in the proposed district must support creation of the district for it to become a district. Votes shall be allotted one vote per owner of record of property within the district.

(E) All lots within such a preservation district cannot opt out of the district once designated under this section.

(F) Eligible properties that were voluntarily not included on the Local Register of Historic Places as a result of the initial designation, opt-out process, or were not given notice and opportunity to opt off, under Ordinance 607-C.S. passed 3-19-96, shall not be subject to involuntary inclusion within a Historic District.

(Ord. 607-C.S., passed 3-19-96; Am. Ord. 715-C.S., passed 11-27-07; Am. Ord. 791-C.S., passed 12-4-12) Penalty, see § 150.999