(a) All landmarks and property within a historical district shall be subject to the controls, standards and procedures set forth in this chapter.
(b) A particular site, structure or area may be designated for preservation as a landmark in the case of a site or structure or as a historical district in the case of an area if it has:
(1) Historical importance or cultural significance, interest or value as part of the development, history, heritage or culture of the City, state or nation; or is associated with the life of a person significant in the past, or is the site of an historic event, or exemplifies the cultural, political, economic, educational, social or historic heritage of the community;
(2) Architectural and engineering importance, portraying the historical setting or environment of a distinctive characteristic of an architectural or engineering type, period, style, or method of construction; or is the work of a resident, builder, or designer whose individual work is significant in the development of the City; or contains elements of design, detail, materials or craftsmanship of distinctive quality, or which represents a significant innovation;
(3) Geographic importance, by being a part of or related to a city center, park or other distinctive area, which should be developed or preserved according to a plan based on a historic, cultural or architectural motif; or owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood, community, or the City; or
(4) Archeological importance has yielded or is likely to yield information important regarding the history of the area prior to the establishment of the City.
(c) A landmark or historical district may be proposed by the Board, City Council, Planning Commission, or upon petition of owners, residents, or other interested parties. Any such proposal shall be filed with the Director upon forms prescribed by him or her, and shall include all data required by the Board. Applications shall require a legal description and statement of significance of the landmark or historical district to justify its proposed designation and shall state the applicable criteria (subsection (a) above) for such designation.
(d) A recommendation of the Board for approval of a proposed landmark or historical district shall state which criteria are applicable for such designation.
(e) Each proposal of a landmark or historical district shall first be considered by the Board at a public hearing.
(f) Notice of the time, place and purpose of the public hearing to be held upon the proposal of a landmark or historical district shall be given by the Board in the official newspaper of the City not less than ten days prior to the date of the hearing and by mail to the owners of all property included in the proposed designation, using for that purpose the names and addresses of the last-known owners as shown by the county real property tax records. Failure to send notice by mail to any such property owner where the address of the owner is not so recorded shall not invalidate any proceedings in connection with the proposed designation. The Board may also give such other notice as may be deemed desirable and practicable.
(g) A record of the pertinent information presented at the hearing upon the proposal of a proposed landmark or historical district shall be made and maintained as a permanent public record.
(h) The Board may approve, disapprove or modify the proposal of a landmark or historical district and shall notify the applicant of the action taken within sixty days of the referral thereof to the Board.
(i) The recommendation of the Board for approval of a proposed landmark or historical district shall state the particular standards for such designation, as set out in this section, which are applied in each designation.
(j) Designation of a historical district shall not be made if the owners of fifty-one percent of the front footage of the real property not including any public right-of-way located in such district have filed written objections to the designation of such district.
(k) In the case of a proposed landmark, recommendation for designation shall require six affirmative votes if the owner or owners thereof do not concur in the designation or a simple majority if the owner or owners of a landmark site concur in the designation.
(Ord. 1538. Passed 7-27-04; Ord. 1616. Passed 9-23-08.)