(A) City authority to designate. The city may designate tracts and sites for inclusion within the Historical Landmark District and/or the Historical Preservation District in the same manner prescribed for the designation of other zoning districts and subject to compliance with this chapter; however, all designations of tracts and sites for inclusion within the preservation district shall be reviewed and considered by the Historical Preservation Commission. Such Commission shall forward its recommendation regarding a proposed designation to the Metropolitan Area Planning Commission and City Council.
(B) Initiation. The initiation of a proposal of designation may be made by the Commission, the City Council, the Metropolitan Area Planning Commission or on the application of any owner or owners of the parcels to be designated or their authorized agents. Any such application shall be made upon forms or pursuant to standards set by the Commission for this purpose.
(C) Notice of consideration. Notice of consideration of a district designation by the Historical Preservation Commission shall be the same as is required for consideration of the adoption or amendment of zoning district boundaries by the Metropolitan Area Planning Commission and in this code. As a part of such notice, Code Enforcement shall notify the owner or owners of record of affected properties by certified mail with return receipt requested of the proposed designation, including a copy of the proposed designation ordinance, a letter outlining the basis for the designation, and the obligations and restrictions which result from such designation.
(D) Presentation of testimony. The Commission may solicit and present expert testimony or documentary evidence regarding the historical, architectural, archeological or cultural importance of the property or district proposed for designation.
(E) Report to Commission. It shall be the duty of the Mayor, or the Mayor’s designee, to report to the Commission as to the existence of such plans, programs or authorizations which might have application to the property proposed for designation, and further to offer a professional opinion as to whether or not the proposed designation is in accordance with such plans, programs, or authorizations.
(F) Written statement. As part of every such proposed designation, or proposed amendment of a designation, the Commission shall state in written form to the Metropolitan Area Planning Commission and City Council the attributes of the area or property proposed for designation or the degree to which such attributes relate to and comply with the review criteria set forth in this chapter. In addition, the Commission shall state in writing:
(1) Whether or not, in its review, designation would be in compliance with prior actions of the City Council approving plans, programs or authorizations for public trusts, agencies or authorities of the city;
(2) The proposed design guidelines for applying the criteria for review of certificates of appropriateness to the district proposed for designation; and
(3) The recommendation as to appropriate permitted uses, uses permitted on review, height and area regulations, sign regulations, and parking regulations necessary or appropriate to the preservation of the district proposed for designation.
(G) Notice of approvals or disapprovals. The Mayor shall officially notify the Commission of all approvals or disapprovals of designation ordinances at the next regular meeting of the Commission following City Council action.
(H) Amendment or repeal of designation. The Commission shall have the authority to effect the amendment or repeal of any designation of a site, structure, building, district or monument in the same manner and according to the same procedure as provided herein for the original designation.
(Prior Code, § 9-11-7) (Ord. 563, passed 12-4-1990)