Cultural resources and historic districts shall be established by the City Council in the following manner.
(A) Initiation of proceedings. Any person may request the designation of an improvement as a cultural resource or the designation of a historic district by submitting an application for such designation to the Commission. The Commission or City Council may also initiate such proceedings on their own motion.
(B) Study. The Commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require as to its appropriateness for consideration. If the Commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing with due speed.
(C) Public hearing.
(1) The Commission’s decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the Administrator and the City Clerk. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant.
(2) No building, alteration, demolition, or removal permits for any improvement, building, or structure within the proposed historic district or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending.
(D) Cultural resource and cultural resource site. In the case of a proposed cultural resource and cultural resource site, 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 20 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) Notice. In the case of a proposed historic district, notice of the date, place, time, and purpose of the hearing shall be given by first class mail to the applicant, owner, and occupant of all properties within the proposed district at least 20 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 consecutive days in a daily newspaper of general circulation.
(F) Action of Commission. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing for the designation of a proposed cultural resource or historic district, the Commission shall recommend approval in whole or in part, or disapproval in whole or in part, of the application in writing.
(G) City Council action. The City Council, within 30 days of receipt of the recommendations from the Commission, shall, by ordinance, approve the application, in whole or in part, or shall, by motion, disapprove it in its entirety.
(H) Failure to send notice.
(1) Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation.
(2) The Commission and City Council may also give such other notice as they may deem desirable and practicable.
(Prior Code, § 13-8-5) (Ord. 468, passed 4-15-1980)