(A) Recommendations and designations.
(1) The Commission shall recommend to the City Council the designation of individual landmarks and landmark sites and historic districts, and the City Council may make these designations by the enactment of ordinances.
(2) Consideration of the designation of a landmark and landmark site or a historic district may be originated by the Commission or by the filing of an application for designation by a property owner, any resident of the city, or any organization in the city.
(3) A person or an organization proposing a designation shall give the Commission the names and addresses of the owners of the affected property and the owners of all adjoining property as listed on the tax rolls of the city.
(B) Public hearing and notice.
(1) The Commission shall assemble information about a property or district being considered for the designation and shall schedule a public hearing on the proposed designation. Advertised notice of the hearing shall be given, including conspicuous posting on the property or in the proposed district.
(2) This notice shall be published not earlier than 21 days and not later seven days before the public hearing. At least 15 days prior to the public hearing, written notice shall be given by registered mail to owners of property under consideration and the owners of all adjoining property.
(3) Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the city.
(C) Guidelines.
(1) Before its first public hearing on a designation, the Commission shall adopt general guidelines that will apply to the city’s landmarks and historic districts and will assist owners in the preservation and rehabilitation of their property.
(2) The guidelines shall be submitted to the Planning and Zoning Commission and the City Council for its approval. The general guidelines shall include The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and other guidelines that will apply to all designated property in the city.
(3) Before each public hearing on a designation, the Commission may adopt additional guidelines that will supplement the general guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the historic district.
(4) The guidelines shall suggest changes that would be appropriate for landmarks or for property in historic districts. After a designation, the Commission may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes and submits the proposed changes to the Planning and Zoning Commission and the City Council for their approval.
(D) Criteria for designation. A landmark or historic district shall qualify for designation when it meets one or more of the following criteria which shall be discussed in a Commission report making its recommendations to the City Council:
(1) Its value as a reminder of the cultural or archaeological heritage of the city, commonwealth, or nation;
(2) Its location as a site of a significant local, commonwealth, or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the city, commonwealth, or nation;
(4) Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, commonwealth, or nation;
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance;
(6) Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant concentration or continuity of sites, buildings, objects, or structures united by past events or aesthetically by plan or physical development; or
(8) Its character as an established and geographically definable neighborhood, united by culture, architectural style, or physical plan and development.
(E) Report to the City Commission. After evaluating the testimony at its public hearing, survey information, and other material it has assembled, the Commission shall make its recommendation to the City Council with a written report on the property or area under consideration. The report shall contain information about the buildings, sites, and structures which have been identified for inclusion in the proposed designation.
(F) Report by the Planning and Zoning Commission.
(1) The Planning and Zoning Commission shall then report on the relationship between the proposed designation and existing and future plans for the development of the city. If the Planning and Zoning Commission approves of the proposed designation, it shall amend the Comprehensive Plan to include the proposed designation and shall recommend a change in the zoning map to show the proposed historic designation.
(2) The Planning and Zoning Commission shall forward its comments, the Comprehensive Plan amendment, or the zoning map change to the City Council. If the Planning and Zoning Commission does not approve of the proposed designation, it shall forward its comments to the City Council.
(G) Action by the City Council.
(1) The City Council shall approve, modify, or disapprove the proposed designation and the map amendment within 60 days after receiving the recommendation of the Commission and the material from the Planning and Zoning Commission.
(2) If the City Council decides to make a designation and no Comprehensive Plan amendment has been adopted and no zoning map change has been recommended, the City Council shall request the Planning and Zoning Commission to reconsider its earlier decisions and shall provide that the designation shall take effect after these preliminary steps have been approved.
(H) Notification of designation.
(1) The Commission shall notify each owner of the decision relating to his or her property and shall arrange that the designation of a property as a landmark or as a part of a historic district be recorded in the land records of the county. The Commission shall ask that fees be waived for the Commission documents recording the designations.
(2) The Commission shall also give notice of the decision to the government offices in the city and county which shall retain them for future reference.
(I) Amendment or rescission of a designation. The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(Ord. 648B-01, passed 9-10-2001; Ord. 734-06, passed 11-13-2006)