(A) Specific powers. In addition to the powers and duties stated elsewhere, the Commission shall make action necessary and appropriate to accomplish the purpose of this subchapter. These actions may include, but are not limited to, the following.
(1) The Commission shall perform all the functions assigned under federal law, state law or city ordinance to the Commission.
(2) The Commission shall survey and study the entire city which might include, but shall not be limited to research and investigation of potential and existing historical sites, buildings, neighborhoods and shall obtain suggestions from the public by available means, including, but not limited to, public hearings, requests for written suggestions, oral and written surveys. In making its survey of historic buildings and areas, the Commission shall conduct this work in accordance with the guidelines of the state’s Heritage Council. The Commission shall provide that its survey and preservation plan shall be maintained and continued.
(3) The Commission shall use the preservation plan to assist the city and the county in their overall planning efforts.
(4) The Commission shall maintain and update a list of all historical landmarks, buildings, sites and neighborhoods in the city having historical significance. Such lists shall contain a brief description of the site or area and shall list the reasons for inclusion in the list. The listing of sites may also include drawings, photographs, descriptions and other documents.
(5) The Commission shall inform property owners, adjacent property owners and tenants of a property’s inclusion on the list. The Commission shall also inform the City Council, state authorities dealing with historical areas and historic landmarks and the appropriate federal authorities of a property’s inclusion. The Commission shall take all steps necessary to gain state and federal recognition of these sites.
(6) The Commission shall recommend to the City Council the designation of historic districts and individual landmarks.
(7) The Commission shall present recommendations to the City Council on proposed ordinances and guidelines to preserve protect and restore all such historic areas, historic buildings, historic landmarks and neighborhoods.
(8) The Commission shall regulate alterations visible to the public that are proposed for designated property; regulate demolitions, relocations and new construction involving designated property.
(9) The Commission shall work with and advise the federal, state and county governments and others parts of city government.
(10) The Commission shall advise and assist property owners and other persons and groups including neighborhood organizations who are interested in historic preservation.
(11) The Commission shall review applications for a certificate of appropriateness in any historic district as referred to them by the city’s Planning Commission, the city’s Board of Zoning Adjustment or other duly constituted body.
(12) Individual sites, structures, which are determined to be of historic significance or which stand alone and are suitable as monuments shall be located and designated by the Commission. Upon discovery of such sites, or locations, the Commission may recommend to the City Council the establishment of the historical monument and its possible acquisition by the city. Upon such acquisition, provision shall be made for continuous and proper maintenance of the monument.
(13) The Commission may initiate and encourage plans for the preservation and rehabilitation of individual historic buildings.
(14) The Commission shall, on a regular basis, give recognition to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of the city.
(B) Certified local government program. In the development of the Certified Local Government Program, the city may ask the Commission to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act, being 54 U.S.C. §§ 3000101 et seq.
(C) Nominations to national register of historic places.
(1) Initiation of nominations. To participate in the Certified Local Government Program, the city shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Commission to submit recommendations on each proposed nomination to the National Register. The Mayor and the Commission shall obtain comments from the public that shall be included in their National Register recommendations. Within 60 days of the receipt of a nomination from a private individual or the initiation of a nomination by the city, the city shall inform the state’s Heritage Council and the owner of the property of the two recommendations regarding the eligibility of the property. If the Mayor and Commission are not in agreement, both opinions are forwarded in the city’s report. If both the Mayor and Commission recommend the property not be nominated, the state’s Heritage Council shall inform the property owner, the state’s Historic Preservation Review Board and the State Historic Preservation Officer, and the property will not be nominated unless an appeal is filed with the state’s Historic Preservation Officer.
(2) Review of nominations. If the Mayor and the Commission agree that a property should be nominated, or if either of them feel that a property should be nominated, the nomination will receive a preliminary review by the state’s Historic Preservation Review Board. The Review Board shall make a recommendation to the state’s Historic Preservation Officer who decides whether to forward the nomination to the U.S. Secretary of the Interior who shall make the decision on listing the property on the National Register. The Mayor, the Commission or the property owner may appeal the final decision by the state’s Historic Preservation Officer.
(Ord. 16-2012, passed 8-6-2012)