(A) Preliminary determination.
(1) The Commission shall, after such investigation as it deems necessary, make a preliminary determination as to whether a property or structure possesses the integrity of design, workmanship materials, location, setting, and feeling, and meets 1 or more of the following criteria:
(a) Significant value as part of the historic, heritage, or cultural characteristics of the community, county, state, or nation;
(b) Its identification with a person or persons who significantly contributed to the development of the community, county, state, or nation;
(c) Representative of the distinguishing characteristics of architecture inherently valuable for study of a period, type, method of construction, or use of indigenous materials;
(d) Notable work of a master builder, designer, architect, or artist whose individual work has influenced the development of the community, county, state, or nation;
(e) Its unique location or physical characteristics that make it an established or familiar visual feature;
(f) Its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, historic commercial buildings, gas stations, or other commercial structures with a high level of integrity or architectural significance; and
(g) An area that has yielded or may be likely to yield information important to history, archeology, architecture, or prehistory.
(2) A preliminary determination as to whether a property, structure or area meets 1 or more of the above criteria shall be made within 15 days of the filing of a nomination with the Commission.
(B) Landmark designation procedure.
(1) Any person, group of persons or association, including but not limited to the Historic Preservation Commission, may request a historic Landmark designation for any structure or building within the city which may have historic, architectural, cultural, or other significance. An application for Landmark designation shall be submitted to the Secretary of the Commission on a form as the Commission may from time to time designate and approve. The application, at a minimum, shall contain the following:
(a) The name and address of the property owner;
(b) The legal description and the common street address of the property;
(c) A written statement describing the property and setting forth reasons in support of the proposed designation;
(d) Documentation or verification that the property owner has been notified of the application for designation or that he or she consents thereto;
(e) A list of significant exterior architectural features that should be protected;
(f) An overall site plan and photographs of the Landmark. The plan shall also include a front, side, and rear elevation drawing; and
(g) The names and addresses of all adjacent property owners and occupants.
(2) Upon the Secretary’s receipt of an application for Landmark designation, a public hearing shall be scheduled before the Commission on that application within 60 days of the receipt thereof. Notice of the date, time, place, and purpose of the public hearing shall be sent by United States mail to the owner(s) of record and occupants of the property and to the nominator(s) as well as to all adjacent property owners listed on the nominator’s application. This written notice shall be sent by the Secretary of the Commission and must be sent not less than 15 days but not more than 30 days before the date of the public hearing. A public notice shall also be published in a secular newspaper of general circulation in the city at least 15 days before the public hearing. All these notices shall state the location of the property or area and a statement summarizing how the proposed landmark meets the criteria set forth in this subchapter.
(3) At the public hearing, the Commission shall hear the testimony and comments of all persons in favor of and opposed to the Landmark designation. The Chairperson is directed and authorized to administer oaths to all such persons. The members of the Commission may examine all persons speaking either in favor of or in opposition to the Landmark designation. The Commission may also consider any other information, facts or reports, as long as it makes its consideration of that information, facts or reports known at the public hearing. A detailed summary of the testimony, comments and statements of all persons addressing the Commission shall be kept and maintained as part of the minutes of that meeting. The Commission may, in its discretion, tape record the testimony, comments and statements of all persons addressing the Commission. The Commission shall review and evaluate the application in accordance with the criteria established in this subchapter. If the Commission determines that an application merits further consideration or additional or other testimony, it may defer its decision thereon until its next regularly scheduled meeting.
(4) The Commission shall make a decision to recommend that the City Council approve or disallow the application for Landmark designation not later than 30 days after the conclusion of the public hearing. A vote of 5 members of the Commission is necessary for recommendation of Landmark designation. This approval shall be in the form of an ordinance adopted by a majority of the members of the Council. The Secretary of the Commission shall notify the owner(s) of record of the property subject to the Landmark designation of the Commission’s decision. In addition, the Secretary shall also send notice of the recommendation for Landmark designation to the City Planning Commission, the City Building Inspector, and the City Clerk.
(Am. Ord. 2013-67, passed 12-9-2013)