(a) In considering the designation of any area, place, building, structure, object or work of art in the City as a listed property or a historic district, the Commission shall apply the following criteria with respect to such property. One (1) or more of the following must apply:
(1) Its character, interest or value as a part of the development, heritage or cultural characteristics of the City, State or the United States;
(2) Its location as the site of a significant historic event;
(3) Its identification with a person or persons who significantly contributed to the culture and development of the City;
(4) Its exemplification of the cultural, economic, social, archaeological or historic heritage of the City;
(5) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) Its embodiment of distinguishing characteristics of an architectural type or specimen;
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;
(9) Its relationship to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural or architectural innovation;
(10) Its unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City; or
(11) Its having yielded, or likelihood of yielding, information important to the understanding of pre- history or history.
(b) The Commission shall notify the owner of any proposal of any proposal to list his property. Whenever possible, the Commission shall secure the owner's written consent for the proposed designation and upon receipt of such consent the property shall be listed upon favorable recommendation of the Commission to Council and upon approval by Council at a regular or special session of Council.
(c) In the event that such owner shall refuse or decline to give his written consent to the proposed listing and in the designation of all historic districts the following procedure shall be followed:
(1) The Commission shall schedule a public hearing on the question of the proposed listing, setting forth a date, time and place and causing written notice to be given to the owner; or in the case of a large historic district, consisting of over seventy-five (75) property owners, where individual notices may not be practical, notice is to be given through existing neighborhood or other organizations. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property or district involved and the date, time and place of he scheduled public hearing. These notices shall be given at least two (2) weeks before the scheduled public hearing. Where due notice shall have been published and there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the Commission or Council in connection with the listing or designation.
(2) The Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within thirty (30) days after the hearing the Commission shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation in writing to the Clerk of Council.
(3) Council shall give due consideration to the findings and recommendations of the Commission, as well as such views as may have been expressed by persons participating in the hearing before the Commission in making its own determination with respect to the proposed designation. Council may schedule its own public hearing on the issue following the same notification procedures outlined for the Commission. Council must act on the proposed designation within forty-five (45) days of receipt of recommendations from the Commission. If Council fails to act within forty-five (45) days, the designation shall be considered to be approved. Council may designate a listed property or a historic district at any regular or special meeting of Council.
(4) The Commission shall notify the owner(s) of the decision by Council.