§ 154.03 DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS.
   (A)   The Historic Preservation Commission (hereafter referred to as Commission) shall approve a list of historic structures which have not been designated as landmarks and which are eligible according to the Commission for the National Register. This list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation, and use of such structures. The Commission shall maintain a record of historic structures in the city.
   (B)   The Council may authorize such steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation, and use of any designated landmark or any structure of merit in a designated historic district, including, but not limited to, the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior or near the structure; and the Council shall cooperate with the appropriate state and federal agencies in such efforts.
   (C)   The Council may make recommendations to the City Council and to any other body or agency responsible to encourage giving names pertaining to city history to streets, squares, walks, plazas, and other public places.
   (D)   The Council shall undertake to establish and maintain a list of landmarks, landmark sites, structures of merit and areas having a special historical, architectural, or aesthetic interest or value. This list may include single structures or sites, portions of structures, or integrated combinations thereof. After public hearings, the Council shall designate landmarks, landmark sites, and historic districts from this list. In the establishment of the foregoing list, the Council shall notify and solicit the views of property owners and residents of structures, sites, and areas proposed by the Commission to be included in such lists.
   (E)   In considering the designation of any landmarks, landmark sites, or historic district, the Council shall apply the following criteria with respect to such property; provided, however, that no neighborhood, area, site, place, structure, or improvement shall be required to satisfy more than one of these criteria to qualify for such description.
      (1)   Its character, interest, or value as part of the development of the heritage of the city, county, state, or nation;
      (2)   Its exemplification of historic, aesthetic, architectural, archaeological, educational, economic, or cultural heritage of the city, county, state, or nation;
      (3)   Its location as a site of a significant historic event;
      (4)   Its identification with a person or persons who significantly contributed to the culture and development of the city, county, state, or nation;
      (5)   Its embodiment of distinguishing architectural characteristics;
      (6)   Its identification as the work of a locally or nationally recognized architect or master builder;
      (7)   Its embodiment of elements or architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation;
      (8)   Its unique location, significance, physical characteristics, significant architectural historic characteristics, representing a neighborhood or district within the city or representing an established or familiar visual feature within a neighborhood or district in the city.
   (F)   A notice of the public hearing required hereinabove prior to the designation of any landmark, landmark site, structure of merit, or historic district shall be posted in the local paper requested by the Commission or its designate not less than ten days prior to the date of such hearing to all property owners having property affected by such designation as a landmark, landmark site, structure of merit, or historic district, including adjoining property owners, provided, however, that failure of any such property owner or resident to receive such notice shall not affect the validity of the proceedings.
   (G)   Whenever the Council is considering the designation of an area or building as a landmark, landmark site, structure of merit, or historic district, the Council may proceed to list such designation if the owner or owners of such land consent in writing to the designation without complying with the public meeting and notice requirements set out hereinabove.
   (H)   Each designated landmark, landmark site, structure of merit, or historic district may be marked as such by an appropriate plaque carrying a brief description and account of the historic significance of the property.
   (I)   Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other statute or municipal ordinance or regulation.
   (J)   The use permitted by the zoning applicable to the area included in the historic district shall be permitted without restriction by the provisions of this chapter.
   (K)   Within five days after making any such designation, as provided for herein, of a landmark, landmark site, structure of merit, or historic district, the Council shall file a copy of same with the City Clerk, the City Volunteer Fire Protection District, the County Board of Health, the County Planning Commission, and the City Sewer District.
   (L)   The Council may affect the amendment or rescission of any designation of any area, place, building, or structure in the same manner and procedure as was followed in the original designation.
(Ord. 88-4, passed 5-9-88)