A. Designation of nominated resources and designation of districts shall take place in accordance with the procedures in this section:
1. No nominated resource shall be altered, moved, demolished, subdivided or otherwise permanently changed until eligibility for designation has been determined or the designation process has been initiated in accordance with this section and a certificate of appropriateness, if applicable, has been secured.
2. Any person or group may request the designation of a nominated resource or ten percent (10%) of the property owners in a potential district may request the designation of a historic and/or scenic or urban conservation district by submitting an application for such designation to the commission on forms prescribed by the commission. The commission or city council may also initiate such proceedings on their own motion.
B. The commission shall use the survey process to prepare a written report regarding the proposed designation including a description of the proposed designated resource, reasons for its significance, criteria used to determine eligibility and other appropriate data.
C. The commission shall schedule a public hearing as soon as feasible but not less than twenty one (21) days after the filing of the application. Notice shall be published in a newspaper of general circulation not less than ten (10) days before the date set for the commission hearing. The notice shall be filed with the city clerk and mailed to the applicant and owner.
D. In the case of a proposed landmark or historic property, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the improvement at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a daily newspaper of general circulation.
E. In the case of a proposed historic and/or scenic or urban conservation district, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant and owners of all properties within the proposed district at least ten (10) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised five (5) consecutive days in a daily newspaper of general circulation. Notices shall be posted every three hundred feet (300') within the proposed district. An area is not eligible for designation if more than forty nine percent (49%) of the property owners as shown on the last equalized assessment rolls within the potential district object in writing to the proposed designation. Such objection shall be dated and signed by the objectors and filed with the commission.
F. At the conclusion of the public hearing for the designation of a proposed landmark, historic property, historic and/or scenic district, or urban conservation district, the commission shall recommend to the city council in writing approval in whole or in part, or disapproval in whole or in part of the proposed designation stating the findings of fact and the reasons for its recommendation based on the report and information brought out at the public hearing.
G. Following receipt of such report, the city council shall within forty five (45) days consider at a noticed public hearing, the designation by resolution of each property recommended for designation by the commission.
H. Following such designation by the city council, the city clerk shall within thirty (30) days cause to be recorded in the office of the county recorder notice that such property has been designated and placed on the city's register of historic and scenic resources. Following the recordation of such notice, such property shall be subject to all the provisions of this chapter.
If the city council decides not to designate a property, it may review the proposed designation again after one year, sooner if there are substantial changes in the application.
I. The historic and scenic preservation commission may effect the amendment or rescission of any designation in the same manner and procedure as was followed in the original designation. (Ord. 1954 § 8(b), 1986)