§ 16-612. Designation of historic landmarks and historic districts.

(a)

Generally. The county council may designate and list individual historic landmarks or historic districts within the county and such landmarks or districts shall be designated on the official zoning map. Such designation will result in the creation of an overlay district which will impose regulations on the designated property or district in addition to the zoning regulations already in effect in the underlying zones. Designated landmarks and districts may include publicly as well as privately owned property.

(b)

Criteria for designation. Council may authorize the designation of a historic landmark or historic district where the landmark or district proposed for inclusion is found to possess not less than two of the following characteristics; the landmark or district:

(1)

Embodies an architectural style or method of construction dating from one or more significant historic periods;

(2)

Establishes a sense of time and place unique to Los Alamos County;

(3)

Exemplifies or reflects the cultural, social, economic or political history of the nation, state or county;

(4)

Is associated with the lives of significant historical persons or events;

(5)

Has the potential to preserve, display, or yield significant historic or archaeological information; or

(6)

Exists on the registry of the State or National Register of Historic Places.

(c)

Owner consent required. Any person or group may nominate a historic landmark or district for designation; however, written consent of the property owner(s) is required before the nomination of an individual landmark will be considered. A historic district nomination application requires the written consent of the owners of at least 66 percent of the properties within the proposed district.

(d)

Application requirements. Nominating applications shall be submitted to the community development department director and shall contain at a minimum:

(1)

The proper application form as provided by the community development department director;

(2)

Any application fees as established by resolution of the county council;

(3)

A map showing the boundary of the proposed historic landmark or district, including all structures and property lines within the proposed landmark or district;

(4)

Written consent of the owner(s) satisfying the requirement of subsection 16-612(c);

(5)

A statement of justification reviewing the historical or architectural significance of the proposed landmark or district and how it meets the criteria for designation in this article;

(6)

A description of the particular historic or architectural features that should be preserved. The description shall be based on a study prepared by an architectural or qualified authority on historic preservation surveying the proposed landmark or all properties within the proposed district, as applicable. The features deemed to be significant and worthy of preservation shall be specifically listed and illustrated in the study and shall form the basis for proposed preservation regulations within the district.

(e)

Review and public hearing.

(1)

After the community development department director determines the nominating application is complete, the HPAB shall hold a public hearing to solicit comment on the application. At least 15 days prior to the public hearing the community development department shall send notice of the meeting by U.S. mail to all owners of property within the proposed district. At the public meeting, the HPAB shall make a recommendation, with rationale based on the criteria contained in this article, and forward the same to be heard by the planning and zoning commission. The HPAB may nominate or sponsor an application for the designation of an individual landmark or an historic district. In that case, the requirements for owner consent still apply, but the public hearing provisions of this subsection (e)(1) shall not apply and, after the community development department director determines the nominating application is complete, the application shall be heard at a public hearing of the planning and zoning commission as provided below in subsection (e)(2).

(2)

The planning and zoning commission shall hold a public hearing on the application and HPAB's recommendation. Notice of public hearing shall be as set forth in section 16-192. The planning and zoning commission shall make a recommendation to the county council as to whether the proposed historic landmark or district shall be officially designated on the county zoning map as an overlay district in accordance with section 16-452(b).

(3)

As soon as practicable thereafter, the county council shall hold a public hearing. Notice of public hearing shall be as set forth in section 16-192. The county council shall determine whether the proposed historic landmark or district shall be officially designated on the county zoning map as an overlay district in accordance with section 16-452(b).

(4)

The same application and processing procedures shall apply to subsequent amendments to any designated landmark or district.

(Ord. No. 02-234, § 2, 10-29-2013; Ord. No. 02-266, § 1, 5-24-2016; Ord. No. 02-271, § 5, 5-2-2017)