(A) Creation and composition of Historic Preservation Commission; organization; quorum; meetings.
(1) There is hereby created an Historic Preservation Commission which shall consist of seven members, all of whom shall be residents of the city or own real estate therein, except one member who may reside elsewhere. The members shall be appointed by the Mayor according to the following criteria: National Park Service regulations (36 C.F.R. Part 61). Under National Park Service regulations, all Board members must have a demonstrated competence, interest, or knowledge in historic preservation. A majority of the members must possess an academic degree, comparable training or professional experience needed to perform competently in the position and be respected within the larger historic preservation community. When a vacancy occurs, the Mayor shall appoint a successor according to the above criteria. If after the expiration of 60 days from the date a vacancy occurs, the Mayor is unable to fill the position according to the criteria, the Mayor shall appoint an additional at-large member who need not meet any of the foregoing criteria. The Mayor shall appoint, subject to Council approval, the members of the Historic Preservation Commission for terms of three years. Initial members shall serve staggered terms of two members for three years, two members for two years, and the remaining three members for one year. Members may serve for more than one term. The Director of the Department, or his designee shall serve as an ex-officio member of the Commission and may be asked by the Commission to provide a level of support services as approved by the director and the Mayor.
(2) The Commission shall elect from its membership a chairperson and a vice-chairperson who shall serve for terms of one year and who shall be eligible for reelection. The chairperson shall preside over meetings. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson.
(3) A quorum shall consist of a majority of the members. All recommendations and decisions shall be made by a majority vote of those members present at any meeting where a quorum exists. Persons on the Commission must attend two-thirds of all meetings scheduled or called within any twelve-month period, or they may be replaced by another person as appointed by the Mayor and approved by the City Council. The Commission shall have the authority to adopt by-laws and other normal operating procedures to guide their activities in a consistent and equitable manner.
(4) Meetings shall be held at regularly scheduled times or at the call of the chairperson. Proceedings of each meeting shall be recorded by the Department. Notification of regular monthly meetings shall be the responsibility of a member of the Department. No member shall be eligible to vote upon any matter required by this chapter to be determined after a hearing unless that member has attended the hearing or familiarized him or herself with the record.
(B) Powers and duties of the Commission.
(1) Landmark and historic preservation district identification.
(a) Standards and criteria for identification of landmarks and historic preservation districts shall be derived from the characteristics of historic significance and/or architectural significance in the building(s), structure(s), site, object(s) or improvement(s) and/or area.
(b) The Commission shall conduct, within the corporate limits of the city, a survey from which all buildings, structures, site, objects and improvements shall be classified and designated on the historical and architectural building list to be reviewed by the City Council and made part of a series of official documents. Such buildings, structures, sites objects and improvements shall be divided into three categories, the first two of which are not mutually exclusive:
1. Historically significant;
2. Architecturally significant;
3. Non-contributing, (a building(s), structure(s), site object, or improvement which does not present historic or architectural significance).
(c) The Department will be the depository for all maps and reports created by and for the Commission. This historic preservation material shall be available to the public.
(d) The Commission shall have the power to retain consultants to advise the Commission. Any contract, which involves an expenditure of city funds, shall be subject to the prior approval of the City Council.
(e) The Commission shall work for the continuing education of the city with respect to the historical and architectural heritage of the city and the landmarks and historic preservation districts designated under the provisions of this chapter. It shall keep current and publish a register of landmarks and historic preservation districts.
(2) Concerning landmarks:
(a) The Commission shall establish a design criteria which shall be applied to landmarks requesting certificates of appropriateness (see § 160.06(A)(3)(b)). In cases of apparent conflict, said design criteria shall be subordinate to this chapter.
(b) The Commission shall keep a register of all buildings, structures, sites, objects and improvements within the corporate limits of the city which have been designated a landmark as set forth by procedures in this chapter. This register will include the information required for each landmark designation and appropriate maps.
(c) The Commission shall hold public hearings and make subsequent decisions or recommendations on applications for buildings, structures, sites, objects or improvements to be designated as landmarks within the corporate limits of the city. Designation is subject to the guidelines and procedures set forth by this chapter.
(d) The Commission shall hold public hearings and make decisions on all matters relating to Certificates of Appropriateness, concerning landmarks under its jurisdiction subject to the standards set forth in this chapter.
(e) The Commission shall act as a resource consultant for owners of designated landmarks. The Commission will keep a current file of architects, historians, preservationists and restoration specialists concerned with historic preservation.
(3) Concerning historic preservation districts:
(a) The Commission shall hold public hearings and make subsequent decisions on petitions for areas within the corporate limits of the city to be designated as historic preservation districts, subject to the guidelines and procedures set forth by this chapter.
(b) The Commission shall keep a register of all areas within the corporate limits of the city which have been designated as historic preservation districts as set forth by the guidelines and procedures in this chapter. This register will include all information and reports required for district designation.
(c) The Commission shall establish a design criteria for said district as a guide to evaluate applications for certificates of appropriateness. These criteria may vary depending on the character of each historic preservation district.
(d) The Commission, when considering Certificates of Appropriateness in historic preservation districts, shall:
1. Review all applications for Certificates of Appropriateness according to the design criteria for that district; then
2. Hold public hearings; and
3. Make decisions on all matters relating to the applications for Certificates of Appropriateness subject to the guidelines and procedures set forth in this chapter.
(e) The Commission shall assist citizens interested in historic preservation districts by:
1. Maintaining a file of available architects, historians, preservationists, restoration specialists, and preservation resources.
2. Assisting in the preparation of application for state or federal historic preservation grants.
3. Providing information concerning the designation procedure of local historic preservation districts.
4. Assisting in the preparation of information necessary for designation.
5. Assisting in the preparation of the application for Certificates of Appropriateness.
6. Recommending, as deemed appropriate to the city, relevant incentives that could be provided within districts, or to landmarks to encourage private investments in preservation activities.
Any assistance is subject to the guidelines and procedures set forth by this chapter.
(4) The Commission shall have and may exercise the power to accept such gifts, grants and money as may be appropriate for the purposes of this chapter. Such money may be expended for publishing maps and brochures, hiring consultants, and for performing such other functions as are appropriate for the purposes of this chapter.
(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9094, passed 5-2-17)