§ 98-197. The Americans with Disabilities Act (ADA).

The ADA extends comprehensive civil rights to individuals with disabilities. Historic properties, including buildings, sites and landscapes, are not exempt from the ADA and must comply with its regulations. Historic properties often can be made accessible while preserving their architectural character through careful planning and sensitive design.

(1)

A three-step approach is recommended to identify and implement accessibility modifications that will protect the integrity and historic character of historic properties:

a.

Review the historical significance of the property and identify character-defining features. Thoroughly inspect and evaluate the character defining features, materials and spaces of a property before upgrading it for handicap accessibility. Significant materials, the form and style of the property, the principal elevations, major architectural and landscape features and the principal public spaces should be the items identified for preservation.

b.

Assess the property's existing and required level of accessibility. While inspecting a property, features, materials, and spaces of less significance to the historic character of the property should also be identified. Nonsignificant spaces, secondary pathways, additions, previous altered areas, utilitarian spaces, and service areas can usually be modified without threatening or destroying a property's historical significance.

c.

Evaluate accessibility options within a preservation context. Modifications for handicap accessibility should be compatible with the property. Modification should be in scale with the property, visually compatible in terms of their design and materials, but be differentiated from the original. They should be reversible so that if removed in the future, the essential form and integrity of the property would be unimpaired.

(2)

Congress recognized the national interest in preserving historic properties when it enacted the ADA. Congress established alternative minimum requirements for qualified historic properties that cannot physically be made accessible without threatening or destroying their significance. Modifications for handicap accessibility should be compatible with the property and reversible. They should be in scale with the property, visually compatible in terms of their design and materials, but be differentiated from the original. They should be reversible so that, if removed in the future, the essential form and integrity of the property would be unimpaired.

(3)

Properties listed in or eligible for listing in the National Register of Historic Places and those designated under state or local law are qualified historic properties. Owners of qualified historic properties must first consult with the state historic preservation officer (SHPO) before using the alternative minimum requirements. If the SHPO determines that compliance with the full accessibility requirements would threaten or destroy the significance of a building or facility, the following alternative minimum requirements may be used:

a.

One accessible route must be provided from a site access point to an accessible entrance. Using a ramp with a 1:6 slope is permissible for a run of up to two feet.

b.

One accessible entrance must be provided. If it is not possible to make the public entrance accessible, then an alternative, unlocked entrance is acceptable. Directional signage at the primary entrance and a notification system at the accessible entrance must be provided.

c.

If toilets are provided, only one restroom must be accessible and may be designated unisex.

d.

Public spaces on the same level as the accessible entrance must be accessible, and other public levels should be accessible whenever practical.

e.

Displays and written information should be located where a seated person can see them.

f.

Horizontal signage should be no higher than 44 inches above the floor.

(4)

In limited circumstances, if it is determined in consultation with the SHPO that compliance with the alternative minimum requirements would also threaten or destroy the significance of a historic building, alternative methods of access may be used. The alternative methods of accessibility that may be used to make a buildings program and activities accessible include:

a.

Using audio-visual materials and devices to show inaccessible areas of a historic property.

b.

Assigning persons to guide individuals with disabilities into or through inaccessible areas of a historic property.

c.

Adopting other innovation methods.

(Ord. No. 10-05, § 2(Exh. 1), 1-14-10)