1171.05 DESIGNATION OF HISTORIC DISTRICT OR LISTED PROPERTY.

   (a)   In considering the designating of any area, place, site, building, structure, object or work of art in the City as Historic District or listed property, the Historic Preservation Commission, the Planning Commission and Council shall apply the following criteria with respect to each property. One or more of the following shall apply:

      (1)   The character, interest or value as part of the heritage of the City, the State or the United States;

      (2)   The location as a site of a significant historic event;

      (3)   The identification with a person or persons who significantly contributed to the historic development of the City;

      (4)   Its exemplification of the cultural, economic, social, archaeological or historic heritage of the City;

      (5)   The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

      (6)   The embodiment of a distinguishing historical characteristic of an architectural type of specimen;

      (7)   Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;

      (8)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;

      (9)   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City;

      (10)   Its having yielded or its likelihood of yielding information important to the understanding of prehistory or history.

   (b)   In addition to meeting at least one of the above criteria, proposed Historic Districts shall also meet the following criteria in order to be designated:

      (1)   The proposed area shall be enclosed by boundaries, such as streets, freeways, railroads, rivers or open space, which set the area off in relation to its surroundings;

      (2)   The area within the proposed boundaries shall have a high degree of historic integrity, without excessive loss of architectural or historic character;

      (3)   The area within the proposed boundaries shall have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to a master plan, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.

   (c)   The Commission shall notify the owners of any proposal to list his property or designate a Historic District which encompasses his property, either by certified mail or personal delivery.

   Whenever possible, the Commission shall secure a written consent of the property owners for a listing of property. Upon receipt of such consent, the recommendation for listing shall be sent to Council for submission to the Planning Commission for its review and recommendation. Thereafter, Council shall hold a public hearing on any such proposed listing and following such hearing, Council may list such area, place, site, building, structure, object or work of art as a listed property by majority vote.

   In the event that the owners of the properties refuse or decline to give written consent to the proposed listing of property, and the Commission feels it is of considerable importance to the community that the property be listed; and in the designation of all Historic Districts the following procedure shall be followed:

      (1)   The Commission shall schedule a public hearing on the question of the proposed designation or listing, setting forth a date, time and place and causing written notice to be given to the owner; or, in the case of a large Historic District (fifty or more properties) where individual notices may not be practical, notice to be given through existing neighborhood or other organizations. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property or district involved and the date, time and place of the scheduled public hearing.

      (2)   The Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within fifteen days after the hearing, the Commission shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation or listing to Council, which shall follow the review and action procedures set forth in Chapter 1161, except as provided otherwise herein.

      (3)   Council shall give due consideration to the findings and recommendations of the Historic Preservation Commission and the Planning Commission, as well as such views as may have been expressed by persons participating in the hearing before such Commission, in making its determination with respect to the proposed designation. The Planning Commission and Council shall follow review and action procedures established in Chapter 1161.

      (4)   If Council approves the listing or Historic District, the Commission shall notify the owner(s) of such decision. In the event the proposed designation is disapproved by Council, the Commission may, after a period of sixty days, resubmit the proposal to Council for reconsideration.

         (Ord. 86-260. Passed 12-16-86.)