§ 30-11. Landmark preservation commission designation of contributing properties within districts for preservation.

When there is no period of significance in the designating ordinance for a district for preservation, and the designating ordinance does not specifically state which structures are contributing, the commission may designate structures as contributing. In determining whether a structure meets the definition of a contributing structure, the commission shall utilize the application for designation of the district as well as the ordinance designating the district and the "criteria for designation of structures and districts for preservation" (section 30-3 of this chapter).

(1)

The commission shall not designate as contributing:

a.

Any structure built or constructed less than thirty (30) years prior to the date of the commission's action on designation.

b.

A structure listed as non-contributing in the designating ordinance, except when:

1.

The structure was present during the period of significance, if any;

2.

The structure has been restored so as to meet the criteria for contributing structures; and

3.

The property owner has requested designation as a contributing structure.

c.

A structure in a district that has a period of significance included in the designating ordinance and the structure was not present during the period of significance.

(2)

The commission may designate as contributing a structure that was, due to alterations or deterioration, at one time designated by the commission as noncontributing, if the following conditions are met:

a.

The structure has been restored so as to meet the criteria for contributing structures; and

b.

The property owner requests designation.

(3)

All designations of properties as contributing by the commission shall be by affirmative vote of not fewer than five (5) commissioners.

(Ord. No. 419-01, § 6, 5-21-01)