(A) Preliminary determination.
(1) The Commission shall, after such investigation as it deems necessary, make a preliminary determination as to whether an area, neighborhood, or district within the city possesses the design, workmanship, materials, location, setting and feeling, and meets 1 or more of the following criteria:
(a) The Historic District contains 1 or more landmarks along with other such buildings and structures, places or areas within its definable geographic boundaries, which, while not of such historic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located in the district;
(b) The Historic District contains a significant number of structures meeting any of the standards of § 32.26(A) above;
(c) The Historic District establishes a sense of time and place unique to the city; and/or
(d) The Historic District exemplifies or reflects the cultural, social, economic, political, or architectural history of the city, the county, the state and/or the nation.
(2) A preliminary determination by the Commission as to whether a district or area meets 1 or more of the above criteria shall be made within 60 days of the filing of a nomination therefor with the Commission.
(B) Historic District designation procedures.
(1) Any person, group of persons or association, including but not limited to the Historic Preservation Commission, may request a Historic District designation for any area or district within the city which may have met the above criteria. An application for Historic District 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(s) and address(es) of the property owner(s) of each tract or parcel of real estate within the proposed Historic District;
(b) A map delineating the boundaries of the area or district to be designated;
(c) A written statement describing the area and properties within the proposed Historic District and setting forth reasons in support of the proposed designation;
(d) A list and photographs of significant exterior architectural features of all properties in the district which should be protected; and
(e) The names and addresses of all adjacent property owners and occupants.
(2) Upon the Secretary’s receipt of an application for Historic District 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 U.S. mail to the owners of record and occupants of the properties proposed 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 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 within the city at least 15 days before the public hearing. All the notices shall state the location of the properties or areas and a statement summarizing how the proposed Historic District 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 Historic District 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 Historic District designation. 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, statements and comments of all persons addressing the Commission. The Commission shall review and evaluate the applications in accordance with the criteria established in this subchapter. If the Commission determines that an application merits further consideration or additional testimony, it may defer its decision thereon until its next regularly scheduled meeting.
(4) The Commission shall make a decision to recommend approval or disallowance of the application for Historic District designation, or to partly approve and partly disapprove the application, within 30 days after the conclusion of the public hearing. A vote of 5 members of the Commission is necessary for approval of any district or area as a Historic District. This approval shall be in the form of a motion adopted by a majority of the members of the Commission. Notwithstanding the foregoing, no area shall be recommended for approval for Historic District designation unless 51 % of the owners of record thereof concur and agree thereto. The Secretary of the Commission shall notify the owners of record of the property within the Historic District of the Commission’s recommendation.
(Am. Ord. 2013-67, passed 12-9-2013)