A. When a petition for the creation of a character conservation district is initiated in accordance with this chapter, the planning director shall determine the eligibility of the area for character conservation district classification in accordance with this section.
B. The planning director's determination of eligibility must be based on a consideration of the standards in this subsection. The boundaries or designated area for a character conservation district shall satisfy all of the following criteria:
1. The area must contain at least one "block face" (as defined in this title) for all character conservation districts proposed in residential zoning districts.
2. Commercial areas should contain one block face when feasible and must contain all properties located at the intersecting corners of streets that are proposed to be included in the character conservation district boundary.
3. The area must be either "stable" or "stabilizing" as those terms are defined in this title.
4. The area must contain significant "character defining features" as defined in this title.
5. The area must have a distinctive atmosphere or character which can be identified and conserved by protecting or enhancing its character defining features.
C. If the planning director upon the advice of the historic landmark commission determines that the area is not eligible for character conservation district classification, the planning director shall notify the applicant of this fact in writing. Notice shall be mailed to the address shown on the application. The decision of the planning director that an area is not eligible for character conservation district classification may be appealed in accordance with chapter 21A.16 of this title.
D. An appeal under this chapter is made in accordance with chapter 21A.16 of this title. The request must be filed within ten (10) days of the date written notice is given to the applicant of the planning director's decision. In considering the appeal, the sole issue shall be whether or not the planning director erred in their determination of eligibility, and, in this connection, the commission shall consider the same standards that were required to be considered by the planning director in making their determination.
E. If it is determined by the final appeal authority that the area is not eligible for character conservation district classification, no further applications for character conservation district classification may be considered for the area of request for one year from the date of its decision.
F. If the planning director determines that the area is eligible for character conservation district classification, the planning director shall submit a report based on the following considerations to the city council:
1. The estimated financial cost of creating the character conservation district standards;
2. Evaluation to determine if there is sufficient funding and staff resources available to allow the planning division to develop standards, complete the public process and provide ongoing administration of the new character conservation district if approved by the city council. If sufficient funding is not available, the report shall include a proposed budget. (Ord. 73-12, 2012)