(A) The Commission shall recommend to the City Council the designation of individual landmarks and landmark sites and historic districts, and the City Council may make these designations by enactment of ordinances.
(B) Consideration of the designation of a landmark and landmark site or a historic district may be originated by the Commission or by the filing of an application for designation by a property owner, any resident of the city, or any organization in the city. A person or an organization proposing a designation shall give the Commission the names and addresses of the owners of the affected property and the owners of all adjoining property as listed on the tax rolls of the city.
(C) The Commission shall assemble information about a property or district being considered for designation and shall schedule a public hearing on the proposed designation. Advertised notice of the hearing shall be given, including conspicuous posting on the property or in the proposed district. At least fifteen (15) days prior to the public hearing written notice shall be given by first class mail to the owners of property under consideration and the owners of all adjoining property. The Coordinator of the Commission or other officer of the Commission shall certify that the notices were mailed. Written notice shall be considered sufficient when it is mailed to the person or persons listed as owning affected property on the tax rolls of the city.
(D) The Secretary of the Interior's Standards for Rehabilitation and such other guidelines of general application as the Commission may from time to time adopt after public hearing shall apply to all designated property in the city. Before each public hearing on a designation, the Commission may adopt additional guidelines that will supplement the Secretary's guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the designated property. The guidelines may suggest changes that would be appropriate for designated property. After a designation, the Commission may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes and submits the proposed changes to the Joint Planning Commission and the City Council for their comments.
(E) A landmark or historic district shall qualify for designation when it meets one (1) or more of the following criteria which shall be discussed in a Commission report making its recommendations to the City Council.
(1) Its value as a reminder of the cultural or archeological heritage of the city, state, or nation.
(2) Its location as a site of a significant local, state, or national event.
(3) Its identification with a person or persons who significantly contributed to the development of the city, state, or nation.
(4) Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation.
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance.
(6) Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.
(7) Its character as a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects, or structures united by past events or aesthetically by plan or physical development.
(8) Its character as an established and geographically definable neighborhood, united by culture, architectural style, or physical plan and development.
(F) After evaluating the testimony at its public hearing, survey information, and other material it has assembled, the Commission shall make its recommendation to the City Council with a written report on the property or area under consideration. The report shall contain information about significant buildings, structures, established trees, and other site characteristics included in the proposed designation. The recommendation and the report shall also be sent to the Joint Planning Commission.
(G) The Joint Planning Commission shall then report on the relationship between the proposed designation and existing and future plans for the development of the city. If the Joint Planning Commission approves of the proposed designation, it shall amend the comprehensive plan to include the proposed designation and shall recommend a change in the zoning map to show the proposed historic designation. The Joint Planning Commission shall forward its comments, the Comprehensive Plan Amendment, and the zoning map change to the City Council. If the Joint Planning Commission does not approve of the proposed designation, it shall forward its comments to the City Council. The Joint Planning Commission shall provide its comments and any Comprehensive Plan Amendment and zoning map change to the City Council within sixty (60) days of receiving the Commission's recommendation. Failure of the Joint Planning Commission to take any action within this time shall be deemed a favorable comment upon the Commission's recommendation.
(H) The City Council shall approve, modify, or disapprove the proposed designation within sixty (60) days after receiving the recommendation of the Commission and the material from the Joint Planning Commission. If the City Council decides to make a designation and no comprehensive plan amendment has been adopted and no zoning map change has been recommended, the City Council shall request the Joint Planning Commission to reconsider its earlier decisions and shall provide that the designation shall take effect after these preliminary steps have been approved. If the City Council fails to take action on the recommendation of the Commission within this time, the recommendation of the Commission shall be deemed approved by operation of law.
(I) The Commission shall notify each owner of the decision relating to his property and shall record the designation of a property as a landmark or as a part of a historic district in the land records of the county. The Commission shall ask that fees be waived for the city documents recording the designations. The Commission shall also give notices of the decision to the government offices in the city and county which shall retain them for future reference.
(J) The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(Ord. 2006-02, passed 2-13-06)