(A) Designation criteria. In considering the designation of any property as a listed property or historic district, the Commission may determine that a property qualifies for designation if the property meets two or more of the following criteria:
(1) Is at least 50 years old;
(2) Possesses historic significance;
(3) Is the site of a significant historic event;
(4) Is identified with a person or group of persons who influenced society;
(5) Exemplifies the cultural, economic, social, political, or historic heritage of the city and/or its surrounding area;
(6) Embodies the distinctive characteristics of an architectural type, period, or method of construction;
(7) Represents the work of an architect, landscape architect or notable builder whose individual work has influenced the development of the city, the state, or the United States;
(8) Possesses high artistic values;
(9) Represents a significant and distinguishable entity whose components may lack individual distinction;
(10) Has potential to yield important archaeological information; or
(11) Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community, or the city.
The Commission shall note in its written recommendation to City Council which of the listed criteria the property to be designated has met.
(B) Designation procedure.
(1) Step 1 - property owner survey.
(a) Initiation. Recommendations to City Council to establish a historic district initiate with the Commission, with input from property owners.
(b) Written survey. The Commission shall conduct a written survey (the “Survey”) by certified mail of all owner(s) of property within a proposed historic district and include the results of the survey in its written recommendation to City Council.
(c) Contiguity of districts. The Commission will work in good faith to ensure that the boundaries of a proposed historic district are drawn so that all properties within the historic district are contiguous with one another (including across a city street or alley).
(d) Individual property designations. Proposals to designate a property that is not otherwise included in a historic district as a listed property will originate with the owner. Upon receipt of the owner's consent to the listing on the Local Register, the Commission may make a recommendation concerning the designation to City Council.
(2) Step 2 - Commission review and recommendation.
(a) Public hearing. Following the receipt of an individual property owner's approval and, in the case of historic districts following completion of the survey, the Commission shall conduct a public hearing and provide reasonable opportunity for all interested parties to express their opinions under such rules as the Commission may adopt for the purpose of governing the proceedings of the hearings.
(b) Notice of the hearing. The Commission shall notify owners in writing of any proposal to list their property on the Local Register. Notification of such hearing shall be published at least ten days in advance of such hearing, in a paper of general circulation in the city.
(c) Recommendation to City Council. Following the public hearing, if the Commission decides that a designation of a historic district or an individual property is appropriate, it shall make a written recommendation to City Council for the initiation of a zoning map amendment to both establish the formal designation as a historic district or listed property and to amend the zoning map to show such designation as a Historic Overlay Zone. Such written recommendation will identify each contributing property and non-contributing property within the proposed historic district and note the designation criteria satisfied by each contributing property.
(3) Step 3 - City Council and Planning Commission review.
(a) Planning Commission review. After receipt of the Commission's recommendation, City Council shall refer the designation and Historic Overlay Zone recommendation to the Planning Commission as required under § 150.111 Procedures for Text and Map Amendments, and the Planning Commission may hold a public hearing on the designation and Historic Overlay Zone recommendation.
(b) Criteria to be considered. The Planning Commission and City Council shall consider the designation criteria listed in § 158.06(A) and the general criteria for approving a zoning map when deciding whether to designate property.
(c) City Council determination. Council shall act on a proposed designation from the Commission no later than 30 days after the required public hearing, or the next regularly scheduled meeting of Council. After receipt of the Planning Commission's recommendations, Council shall hold a public hearing on the designation and Historic Overlay Zone. Council may designate a property or historic district at any regular or special meeting of the Council.
1. If approved. If City Council approves the designation and zoning map amendment, the listed property or historic district shall be so identified on the official zoning map.
2. If disapproved. If the proposed designation is disapproved by Council; the Commission may, after a period of 90 days, submit a revised version of the proposal to Council for reconsideration.
(4) Step 4 - Notification of designation. If Council approves the designation of a property or historic district, the Commission shall notify the owner of such decision by certified mail within ten days of the passage of said ordinance.
(C) Rescinding of designation.
(1) Notwithstanding any other provisions of the Code, Council may rescind the designation of a listed property or historic district by ordinance.
(2) Passage of such ordinance shall relieve the owner or owners from any duties or penalties connected with this Code.
(3) Council shall not pass such an ordinance without first proposing by motion that the designation of the listed property or historic district be rescinded and removed from the Local Register, and notifying the Commission to that effect.
(4) Council shall not pass such an ordinance to rescind a designation of a listed property or historic district without following the procedures required to make such a designation.
(Ord. 8878, passed 3-15-2021; Am. Ord. 9101, passed 6-12-2023)