(A) Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and, if recommended by the Commission, a subsequent, formal submission.
(B) Initial application.
(1) The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
(a) Proposed district boundaries.
(b) A statement of how the proposed local historic district meets the designation criteria of §10.96.040.
(2) The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district.
(C) Formal application. The formal application for local historic district designation consideration must have written consent by a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:
(1) A clearly defined and explained boundary for the proposed district shown on an assessor's map or maps.
(2) A concise description of the general physical or historical elements (buildings, structures, objects and sites) and qualities which make this area a local historic district with a description of building types, architectural styles and periods represented in the proposed district.
(3) A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district's historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in § 10.96.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in section § 10.96.040(C).
(4) A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance.
(5) A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resources.
(6) Photographs of streetscapes in the proposed district and the contributing and non-contributing resources.
(7) Completed Department of Parks and Recreation #523 forms for each building, structure, object or site within the proposed local historic district which also identify the potential contributors and non-contributors to the district.
(8) Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.
(9) The signed property owners' consent form which shall clearly indicate the name, district property address, district property parcel number and mailing address of each consenting property owner.
(D) Procedural requirements in advance of hearing.
(1) The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter. A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.
(2) A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.
(3) No permit shall be issued by the city for the undertaking of any alteration, construction, grading, demolition or removal of any property within a proposed historic district and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation. If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.
(E) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code.
(F) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.
(2) Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed.
(3) At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.
(4) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.
(5) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(G) Adoption of a Preservation/District Plan. After the adoption of the designation for an historic district by the Council pursuant to §10.96.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:
(1) A statement of significance which includes a description of contributing resources and significant elements.
(2) The goals and objectives of the proposed district.
(3) The means by which preservation objectives will be enforced:
(a) A proposed Design Review Committee with all conditions for formation, membership and operations specified;
(b) The Planning Commission serving as the Design Review Committee for the local historic district; or
(c) An Architectural Plan Design Review Committee with all conditions for formation, membership and operations specified.
(4) Identification of the standards and guidelines which will be applied to design review within the district.
(5) The activities regulated by the Preservation/District Plan which shall exclude activities determined exempt under this chapter.
(6) The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.
(Ord. 07-28, passed 12-18-2007)