(A) Authorization. The City Council hereby authorizes the establishment of a Historic Preservation Commission, hereinafter referred to as “the Commission,” to preserve, promote and develop the historical resources of the city in accordance with the provisions of SDCL Chapter 1-19B.
(B) Composition of Historic Preservation Commission. The Commission shall consist of not less than five nor more than ten members, who shall be appointed by the Mayor and approved by the City Council. Commission members shall be appointed with due regard to proper representation of such fields as history, architecture, urban planning, archaeology and law. All Commission members shall reside within the city and shall serve a term of three years, except that when the Commission is first appointed, the lengths of the terms shall be varied in such a fashion as to assure that no more than one-third of the terms expire in any given year. Thereafter, appointment of each member shall be for a full three-year term, unless the appointment is made to fill a vacancy. Said members shall be eligible for reappointment as specified by the City Council. The Commission may employ such qualified staff personnel as it deems necessary.
(C) Historic Preservation Commission officers. The Commission shall elect officers from its membership to consist of a Chairperson, Vice-Chairperson and Secretary, who shall serve a term of one year. The Commission shall hold an annual organization meeting for the purpose of electing officers.
(D) Historic Preservation Commission; rules and regulations. The Historic Preservation Commission shall adopt bylaws and/or rules and regulations to govern the official proceedings to include the recording of minutes of all official proceedings of the Commission, provided that said rules and regulations are not inconsistent with the provisions of SDCL Chapter 1-19B.
(E) Powers and duties of Historic Preservation Commission. The Historic Preservation Commission established pursuant to division (A) above shall be authorized to:
(1) Conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the cultural preservation office of the Department of Education and Cultural Affairs;
(2) Acquire fee and lesser interest in historic properties, including adjacent or associated lands, by purchase, bequest or donation. All lands, buildings or structures acquired by the Commission with funds other than those appropriated by the city may be acquired and held in the name of the Commission, the city or both;
(3) Preserve, restore, maintain and operate historic properties under the ownership or control of the Commission;
(4) Lease, sell and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property;
(5) Contract, with the approval of the City Council, with the state or the federal government, or any agency of either, or with any other organization;
(6) Cooperate with the federal, state and local governments in the pursuance of the objectives of historic preservation;
(7) Participate in the conduct of land use, urban renewal and other planning processes undertaken by the city;
(8) Recommend ordinances and otherwise provide information to the City Council for the purposes of historic preservation;
(9) Promote and conduct an educational and interpretative program on historic properties within the city; and
(10) Enter, solely in the performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof, however, no member, employee or agent of the Commission may enter any private building or structure without the express consent of the owner or occupant thereof.
(F) Notice to the tax assessor on historic properties. Upon the adoption of this chapter or any adequate amendments designating historic properties within the city, the Historic Preservation Commission shall give notice of such designation to the tax assessor of the county. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the tax assessor in appraising the property for tax purposes.
(Prior Code, § 29-4)