A. Initiation:
1. The city council may, on its own motion or on petition, designate by ordinance areas of the city as historic or conservation districts or may designate by ordinance local historic landmarks. Any proposed historic landmark or historic or conservation district initiated by the city council must first be submitted to the historic preservation commission for its recommendation and report. Designating a historic district, conservation district, or local historic landmark is considered an overlay rezoning, and as such, must also, subsequent to consideration by the historic preservation commission, be submitted to the planning and zoning commission for its recommendation and report regarding the rezoning.
2. The historic preservation commission may, on its own motion or on petition, recommend to the city council areas of the city for designation as historic or conservation districts or properties for designation as local historic landmarks. Designating a historic district, conservation district, or local historic landmark is considered an overlay rezoning, and as such, must also be submitted to the planning and zoning commission for its recommendation and report regarding the rezoning.
B. Historic Landmark Applications:
1. Applications for a historic landmark designation must be filed in the department of planning and community development on application forms provided by the city. Supporting materials must be submitted as specified on the application form.
2. If the property has been registered on the National Register of Historic Places (NRHP), the NRHP registration form must accompany the application.
C. Historic Preservation Commission Public Hearing:
1. Upon receipt of an application for historic landmark designation or following initiation of a proposal to designate a historic or conservation district, the historic preservation commission will hold a public hearing on the proposal.
2. The historic preservation commission will give notice of the time, date, place and subject matter of such public hearing. Such notice shall be sent by ordinary mail, not less than seven (7) days before the date the hearing is held, to the owner of record of each property or property interest at the owner’s last known address as shown in the records of the Iowa City Assessor, not more than fourteen (14) days prior to the date of mailing. A change in ownership of any such property which is not reflected in the records of the Iowa City Assessor during the period those records are searched as above provided shall not affect the validity of the notice. An affidavit of mailing will be filed with the city clerk setting forth the date that notice was mailed and the names and addresses of all property owners notified pursuant to this subsection.
3. Following the public hearing, the historic preservation commission will consider a motion recommending approval of the proposed district or historic landmark.
4. Upon approval of the motion, the historic preservation commission will submit an application to rezone the proposed area to historic district overlay or conservation district overlay, whichever is applicable. For properties proposed as local historic landmarks, an application for a historic district overlay rezoning must be submitted.
D. State Historic Preservation Office Review: Following the public hearing before the historic preservation commission, any proposal regarding a local historic district will be submitted to the state historic preservation office (SHPO) for review and recommendations. The city will make any recommendations made by the state historic preservation office available to the public for viewing during normal business hours at a city government place of public access. Any proposals regarding conservation districts and/or local historic landmarks need not be submitted to SHPO.
E. Planning And Zoning Commission Review:
1. After receipt of the rezoning application and the report and recommendation of the historic preservation commission, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed district.
2. The planning and zoning commission will review the proposed overlay rezoning based on its relation to the comprehensive plan, as amended, to the provisions of this title, and to any proposed public improvements and other plans for the renewal of the area involved. The planning and zoning commission will recommend approval, denial, or modification of the proposed historic district or conservation district overlay zone.
3. If the planning and zoning commission makes no report to the city council within forty five (45) days from the date the rezoning application was received, it shall be considered to have made a report approving the proposed rezoning.
4. A two-thirds (2/3) vote of the members of the commission present at the meeting, but not less than four (4) votes, shall be required in consideration of such a rezoning.
5. If the planning and zoning commission alters the area of the proposed district as approved by the historic preservation commission, the planning and zoning commission must submit a description of the altered proposed area or the petition describing the area to the state historic preservation office where required and the historic preservation commission for review and recommendations concerning the altered proposed district.
F. City Council Public Hearing:
1. After receiving the report and recommendation of the historic preservation commission and the planning and zoning commission regarding the proposed historic district or conservation district overlay zone, the city council shall, before enacting any proposed historic district or conservation district overlay zone, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after the proposed rezoning is submitted to the planning and zoning commission for its recommendation or during the period while the planning and zoning commission is considering such matter.
2. Following the public hearing, the city council shall consider an ordinance implementing the proposed historic district or conservation district overlay zone. The city council may approve or deny the ordinance or may refer the overlay zoning to the historic preservation commission for modification. Comments from the state historic preservation office must be received by the city council prior to approval, denial, or modification of the proposed rezoning.
3. If the city council refers the overlay zoning back to the historic preservation commission for modification, the commission will follow the procedures as set forth in this subsection and subsections C, D and E of this section, with the following exceptions:
a. Unless substantial modifications are proposed, the public hearing before the historic preservation commission may be waived.
b. Only property owners affected by the city council's proposed modification shall be notified by mail of the modification prior to action by the historic preservation commission.
G. Protests And Effect On Development Activity: Since a historic district or conservation district overlay rezoning is a type of zoning map amendment (rezoning), such an overlay rezoning is subject to the same provisions for protest and effect on development activity as for a zoning map amendment as set forth in subsections 14-8D-5G and H of this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 22-4884, 8-2-2022)