Chapter 2.64
COMMISSION ON HISTORIC PRESERVATION

Sections:

2.64.010    Commission established and powers vested.

2.64.020    Membership.

2.64.050    Meetings.

2.64.060    Organization.

2.64.080    Duties.

2.64.090    Nomination of historic sites and districts.

2.64.100    Historic district criteria.

2.64.130    Interim protection of nominated district.

2.64.140    District brochure.

2.64.150    Unauthorized alterations prohibited.

2.64.160    Certificate of appropriateness.

2.64.170    Certificate of economic hardship.

2.64.180    Fees and penalties.

2.64.010 Commission established and powers vested.

There is hereby established the Fairbanks North Star Borough commission on historic preservation. (Ord. 87-053 § 4, 1987; Ord. 86-097 § 2, 1986)

2.64.020 Membership.

The commission shall consist of seven persons.

Members shall be nominated by the borough mayor, the mayor of the city of Fairbanks, and the mayor of the city of North Pole on an alternating basis as follows. For each member nominated by the borough mayor a member shall be nominated for the next vacancy by the mayor of the city of Fairbanks or the mayor of the city of North Pole on an alternating basis. If the mayor of a city shall fail to nominate a member within 30 days of the expiration of the term of office of the departing member, then the borough mayor shall nominate a member without such nomination affecting the borough mayor’s authority to nominate other members.

All members shall be confirmed by the borough assembly. One member shall, if possible, be an architect or an architectural historian. One member shall, if possible, be an archaeologist. One member shall, if possible, be an historian. All remaining members shall be selected from the community at large. (Ord. 91-026 § 2, 1991; Ord. 87-053 § 5, 1987; Ord. 87-019 § 2, 1987; Ord. 86-097 § 2, 1986)

2.64.050 Meetings.

A. The commission shall meet not less than once every three months, but may meet as often as may be necessary.

B. A majority of the authorized members of the commission shall constitute a quorum for the purpose of transacting business.

C. The affirmative votes of the majority of the authorized members shall be necessary to carry a question.

D. Notice of meeting shall be published not less than seven days in advance of the meeting in a newspaper of general circulation in the borough. (Ord. 93-031 § 3, 1993; Ord. 87-019 § 3, 1987; Ord. 86-097 § 2, 1986)

2.64.060 Organization.

A. The members of the commission shall elect a chairperson from among themselves.

B. The commission shall follow such rules of conducting meetings as it shall decide, but in the event no rules are adopted, Robert’s Rules of Order, as revised, shall be the rules of the commission.

C. The Fairbanks North Star Borough attorney shall be the legal counsel to the commission. (Ord. 87-019 § 4, 1987; Ord. 86-097 § 2, 1986)

2.64.080 Duties.

The duties of the commission are as follows:

A. Prepare and maintain an inventory of buildings and sites of historical, cultural, architectural, geographic, and archaeological significance located in the Fairbanks North Star Borough.

B. Develop a local historical preservation plan, including but not limited to provisions for the identification, protection, and interpretation of the area’s significant resources and provisions for the establishment of historic districts. The plan should be compatible with the Alaska State Historic Preservation Plan and produce information about resources that is compatible with the Alaska Heritage Resource Survey.

C. Develop and review nominations to the National Register of Historic Places for properties within the Fairbanks North Star Borough.

D. Review and make recommendations on local projects, including the alteration of existing structures, new construction, demolition permits, and changes in zoning and platting that might affect properties identified in the local inventory and historic or prehistoric resources that have not been discovered yet.

E. Establish priorities and make recommendations for the use of funds available for the preservation and rehabilitation of local historic properties according to the Fairbanks North Star Borough historic preservation plan. Priority shall be given to applicants eligible for or listed on the National Register of Historic Places or within the boundaries of a national or local historic district. The commission may require recipients to demonstrate the viability of the structure, to match grant funds with funds from other sources, to perform construction work in compliance with the Secretary of the Interior’s “Standards for the Treatment of Historic Properties,” and to maintain the property on the National Register for a specified period of time. The commission’s recommendations are subject to approval of the borough assembly by resolution.

F. Develop a plan for the continuing education of residents of the Fairbanks North Star Borough regarding historic preservation and the history of the Fairbanks North Star Borough.

G. Recommend to the borough mayor actions within the powers of the Fairbanks North Star Borough which will support the enforcement of the ordinance codified in this chapter and the Alaska Historic Preservation Act.

H. Report to the borough assembly not less frequently than annually on its activities. Said report shall be forwarded to the city of Fairbanks. (Ord. 98-021 § 1, 1998; Ord. 91-026 § 4, 1991; Ord. 87-053 § 6, 1987; Ord. 87-019 § 6, 1987; Ord. 86-097 § 2, 1986)

2.64.090 Nomination of historic sites and districts.

A. Nominations for historic sites and districts shall be made by written application to the department of community planning stating the legal description of the site or district. Nominations shall be signed by all those record property owners who wish to be included in the proposed site or district.

B. Hearing and Recommendation by the Historic Commission. The commission shall review, hear and recommend whether a nomination should be approved. The commission shall consider all oral and written statements from the applicant(s), the public, the department of community planning, and its own members prior to making its recommendation. The commission shall also consider and adopt findings of fact demonstrating whether or not the proposed nomination conforms to the historic district criteria (FNSBC 2.64.100). Recommendations for approval shall set forth the obligations and duties of property owners in the site or district, including a requirement to obtain a rezoning to historically significant designation.

C. Upon the commission’s recommendation for approval of a nomination, a request for rezoning to historically significant designation pursuant to FNSBC 18.54.010 and 18.54.020 shall be made to the planning commission.

D. Submission to the Borough Assembly. A report of the historic preservation commission’s recommendation shall be submitted to the borough assembly. If the commission recommends approval of the nomination, an ordinance shall be prepared with the participation of the nominators and the commission. The ordinance shall state the historic or architectural features sought to be preserved. It shall include rules regulating and, if appropriate, prohibiting alteration and demolition of structures, and guidelines, standards or rules for new construction.

E. Hearing by Assembly. The borough assembly shall publish notice of the time set for hearing on the nomination ordinance and shall include in the published notice a complete and clear description of the boundaries of the proposed site or district, and short descriptive summary of the nomination. Any person may offer written or oral comments at the hearing. After close of the hearing the borough assembly shall determine whether the proposed site or district meets the criteria of FNSBC 2.64.100.

The assembly may approve or disapprove the nomination or it may postpone the matter pending amendment or perfection of the nomination. The filing of a perfected or amended nomination following such a postponement shall be considered a new filing for the purposes of this section, but the hearings thereon shall be limited to the new matter or the deletions of the petition, unless the assembly orders otherwise. (Ord. 93-031 § 5, 1993)

2.64.100 Historic district criteria.

An historic district shall contain properties or structures which contain at least one of the following characteristics:

A. Are associated with events that have made a significant contribution to the history of the Fairbanks North Star Borough or the city of Fairbanks;

B. Are associated with the lives of persons significant to the history of Fairbanks North Star Borough or the city of Fairbanks;

C. Have yielded or may be likely to yield information important in history or prehistory;

D. Have character, interest or values as part of the development, heritage or cultural characteristics of the state of Alaska, the Fairbanks North Star Borough or the city of Fairbanks;

E. Embody design elements considered structurally or architecturally innovative;

F. Provide familiar exterior architectural features which, through their unique location or singular physical characteristics, render the district worthy of recognition;

G. Have a character that shows a fine or unique example of a utilitarian structure; or

H. Have suitability for preservation or restoration as determined by the commission. (Ord. 87-019 § 7, 1987; Ord. 86-097 § 2, 1986)

2.64.130 Interim protection of nominated district.

From the time of the filing of a completed nomination form with the department of community planning until final action upon the nomination by the borough assembly, no building permit, conditional use permit, variance, rezone, plat, or replat shall be issued for alteration, construction, demolition or removal of any property or structure within the nominated site or district, unless authorized by formal action of the borough assembly. For purposes of this section, final action shall be:

A. Disapproval of a nomination;

B. The effective date of an ordinance to establish a site or district;

C. Failure of an ordinance to establish a site or district after parliamentary means of reconsideration have been exhausted or not exercised; or

D. In the case of a postponement, pending amendment or perfection of a nomination, such action as the borough assembly may define in its postponement decision. (Ord. 93-031 § 6, 1993; Ord. 86-097 § 2,1986)

2.64.140 District brochure.

After designation of an historic district by ordinance, the commission shall, within the limits of available funds and resources, direct the preparation and publication of a brochure setting forth the ordinance, a map or maps of the district and a brief monograph explaining the historic, architectural or archaeological significance of the district. (Ord. 86-097 § 2, 1986)

2.64.150 Unauthorized alterations prohibited.

No person may undertake any construction, alteration, demolition or removal of any property or structure within an historic district established under this chapter which affects the exterior of such property or structure, without first obtaining either a certificate of appropriateness or a certificate of economic hardship from the Fairbanks North Star Borough. (Ord. 86-097 § 2, 1986)

2.64.160 Certificate of appropriateness.

A. A certificate of appropriateness may be sought from the Fairbanks North Star Borough by making a written application to the borough department of community planning stating:

1. The alteration sought to be accomplished;

2. The reasons therefor;

3. Why the action sought is consistent with the historic nature of the site or district;

4. Any other information the department of community planning deems necessary.

B. The commission shall schedule a public hearing on the application and shall recommend whether it should be approved.

C. The borough assembly shall consider such an application and the commission’s recommendation and shall issue the certificate upon approval of the application. (Ord. 93-031 § 7, 1993; Ord. 86-097 § 2, 1986)

2.64.170 Certificate of economic hardship.

A. A certificate of economic hardship may be sought from the Fairbanks North Star Borough by making a written application to the borough department of community planning stating:

1. The proposed alteration;

2. The reasons therefor;

3. Information tending to show that the denial of the certificate will work a clear and unquestionable economic hardship of major proportions upon the applicant and that no other reasonable remedy is available to the applicant;

4. Any other information the department of community planning deems necessary.

B. The commission shall schedule a public hearing on the application and shall recommend whether it should be approved.

C. The borough assembly shall consider such an application and the commission’s recommendation and shall issue the certificate upon approval of the application. (Ord. 93-031 § 8, 1993; Ord. 86-097 § 2, 1986)

2.64.180 Fees and penalties.

A. Any person who acts in violation of FNSBC 2.64.150 or who, without authorization by formal action of the borough assembly, builds a structure or alters the exterior features of a structure in violation of FNSBC 2.64.130, is guilty of a violation and shall be punished by a fine of not more than $1,000. For the purposes of this section each day of a continuing violation shall be considered a separate offense. The offenses and penalties set forth herein are cumulative with any other remedies available to the borough.

B. A fee of $100.00 must accompany an application for the filing of a nomination of an historic district or for a certificate of appropriateness or for a certificate of economic hardship, but the mayor may by formal action waive the fee requirement for good cause shown. (Ord. 93-031 § 9, 1993; Ord. 86-097 § 2, 1986)