(A) No area shall be designated as part of the Historic District until there shall have been due notice given to persons owning property therein, and a public hearing held on the merits of such designation. The Historic Preservation Commission may, on its own motion or upon petition, conduct a preliminary and informal investigation of areas within the city considered to have buildings, structures, areas, places or other objects having special historical, community or aesthetic interest or value. The Economic Development, Planning & Zoning Department, on behalf of the Commission, shall establish preliminary boundaries for areas considered to have such interest or value, and set a time and place for a public hearing on the merits of designating the defined area as a Historic District. The Economic Development, Planning & Zoning Department, on behalf of the Commission shall then cause notice to be sent to all owners of record of property within the defined area not less than 15 days, nor more than 30 days, prior to the date of hearing. The notice shall set forth the boundaries of the area under consideration, the reasons it is being considered for designation as a Historic District, a statement that use of the property will be restricted if it is included in the Historic District, and the date, time and place of the public hearing. Notice of such hearing shall also be given to the Director of Economic Development, Planning & Zoning Department, the Building Commissioner, the Chairperson of the City Plan Commission, the Chairperson of the Zoning Board of Appeals, the City Attorney, the City Engineer, each of the Aldermen and the Mayor as well as to any interested parties who shall file with the Secretary of the Historic Preservation Commission a request to receive such notices. A copy of the notice shall be mailed to each tenant of property within the proposed district in cases where the Commission has reason to believe the occupant of property is not the owner of record of the property.
(B) The hearings shall be conducted by the Historic Preservation Commission, and all interested persons shall be given the opportunity to be heard, in person, by counsel or by correspondence. The Commission shall make such record or notes of the hearing as the Chairperson shall deem sufficient. After hearing testimony, the Commission shall make its recommendations to the City Council if it finds that all or any part of the area described in the hearing notice meets the criteria of the Historic District. The City Council shall, within 30 days of receiving the recommendations of the Historic Preservation Commission, either accept or reject the recommendations. If the recommendations are accepted, the Council shall, by ordinance, establish the boundaries of the District and make it subject to the provisions of this section.
(1960 Code, § 60-6-95) (Ord. 9102-2022, passed 12-5-2022)