The following process shall be used to designate, or to change or remove the designation (hereinafter “designate”) of a structure or district as a cultural resource:
A. Classifications.
1. “Landmark” structures or districts. These structures or districts:
a. May be designated without owner consent.
b. Shall be required to display a plaque, provided by the City and placed at a location approved by the City, which indicates that the structure or district is designated “landmark.” Prior to the installation of the plaque, the City Council shall take a formal action to authorize the expenditure of funds required to fabricate and install the plaque.
2. “Significant” structures or districts. These structures or districts:
a. If residential, shall be designated “significant” only with a written consent of the owner, provided that the consent of only a majority of the owners shall be required for a “significant district” designation. Once the designation has been made and the designation document has been filed for recondition, owner consent is irrevocable. If the required owner consent is not obtained, a residential structure or district may be designated “recognized.”
b. If nonresidential, may be designated “significant” without owner consent.
c. Shall be required to display a plaque, provided by the City and placed at a location approved by the City, which indicates that the structure or district is designated “significant.”
3. “Recognized” structures. These structures:
a. May be designated “recognized” without the consent of the owner.
b. No other requirements of this Chapter apply to “recognized” structures. Owners are encouraged to preserve these structures.
B. Cultural Affairs Commission and City Council designation process.
1. a. Structures recommended for designation by the Cultural Affairs Commission shall be subject to review and approval by the City Council. All owners of such structures shall be notified in writing of the proposed designation at least ten (10) working days prior to the date of the meeting at which the City Council will make its decision. Each owner shall be given the opportunity to be heard on the proposed designation of his or her structure. The City Council shall either accept, modify or disapprove the Cultural Affairs Commission recommendations for designation of specific structures. Structures shall be designated by resolution of the City Council.
b. Any modification or disapproval by the City Council shall be supported by a finding that the basis for the Cultural Affairs Commission's recommendation, or that designation of the property, would impose a substantial hardship on the property owner that outweighs the benefit to the community.
C. Cultural Affairs Commission designation process. Nominations for designation filed after the initial designation process, and not filed within a time period during which the Cultural Affairs Commission has been reconvened, shall be reviewed by the Community Development Director for compliance with designation criteria established in § 15.05.020. The Community Development Director's review and recommendation shall be submitted to the Cultural Affairs Commission. The Cultural Affairs Commission shall either designate the structure as a cultural resource or disapprove the nomination application. The owner of record of any nominated structure, as well as the applicant and other persons who, in writing, have requested notice, shall be notified, in writing, at least ten (10) calendar days, as observed by the Administrative Offices of the City and excluding national holidays, prior to the Cultural Affairs Commission's review.
('65 Code, § 38-6) (Ord. No. 91-005 § 1 (part); Ord. No. 91-018 § 1; Ord. No. 94-017 § 3; Ord. No.97-018, § 1; Ord. No. 2002-005 § 2 (part); Ord. No. 2002-007 § 1 (part); Ord. No. 2003-019 § 1 (part); Ord. No. 2004-004 § 1 (part))