§ 32.120 DESIGNATING A HISTORIC LANDMARK.
   (A)   (1)   Any person may request the designation of a historic landmark by submitting a written application for the designation to the Historic Preservation Commission. The application must contain the following information:
         (a)   A map showing the boundaries of the proposed historic landmark and the name and address of the property owner;
         (b)   Description of the proposed historic landmark, including a statement of significance which describes how the site meets the significance criteria in this subchapter; and
         (c)   Sketches, photographs or drawings of the property and fully completed Iowa Site Inventory Form for the property.
      (2)   Upon receipt of a request, and before taking further action, the Historic Preservation Commission shall contact the property owner and obtain their consent to have their property designated as a historical landmark.
   (B)   Upon receipt of the application for designating a historic landmark, the Commission shall submit the application to the state for review and comment. The state’s comments on the proposed designation will be made available to the public.
    (C)   The Commission shall hold a public hearing concerning the proposed designation. Notice of public hearing shall be published and all affected property owners must be notified by ordinary mail prior to the hearing. At the public hearing, comments will be accepted concerning the establishment of the historic landmark. After hearing all comments and other relevant information, the Commission shall determine if the area is an area of historic significance that meets one or more of the following:
      (1)   Has integrity of location, design, setting, materials, skill, feeling and association;
      (2)   Embodies the distinctive characteristics of a type, period, method of construction, represents the work of a master, possesses high artistic value, represents a significant and distinguishable entity whose components may lack individual distinction;
      (3)   Is associated with events that have been a significant contribution to the broad patterns of our local, state or national history;
      (4)   Is associated with the lives of persons significant in our past; and/or
      (5)   Has yielded, or may be likely to yield, information important in prehistory or history.
   (D)   The Commission shall prepare an ordinance designating the historic landmark and submit the ordinance to the state for review and comment.
   (E)   The Commission shall submit the application, statements of significance and contexts, proposed ordinance and state’s comments to the City Council. Upon receipt, the City Council shall:
      (1)   Hold a public hearing;
      (2)   At the public hearing, consider whether the application for the historic landmark demonstrates that the significance criterion or criteria are met;
      (3)   Will either approve if the application meets the significance criteria or deny the designation if the criteria fails to meet the designation;
      (4)   Written notification of the public hearing shall be mailed to the owners of the proposed historic site and the following:
         (a)   Building Official;
         (b)   City Clerk; and
         (c)   City Planner.
   (F)   If approved, the application shall be submitted to the City Plan Commission for review to amend the zoning map designating the historic landmark as an Historic Overlay District. The Historic Overly District may be combined with any zoning district established in the city’s zoning regulations and shall be shown on the official zoning map. The City Planner will notify the Building Official and City Engineer of the designation. When so designated, any improvement requiring a building permit or demolition permit shall be subject to the provisions set forth in this subchapter.
(Ord. 2276, passed 5-25-2004; Ord. 2394, passed 11-25-2008)