A. Nomination:
1. Historic Landmarks: The nomination of historic landmarks shall be made by the property owner, the commission, or any other person or organization.
2. Historic Districts: The nomination of historic districts shall be made by an owner of record of property within a proposed historic district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.
3. Preservation Districts: The nomination of preservation districts shall be made by an owner of record of property within a proposed preservation district, the commission, or any other person or organization. The nomination shall be supported by the written consent of no less than twenty five percent (25%) of the record owners of properties in the proposed historic district.
B. Content Of Landmark Nominations: All nominations shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A landmark nomination must contain the following:
1. A completed Iowa site inventory form with all attachments or a national register of historic places nomination form for a property listed on the national register;
2. Photographic documentation of the property at the time of nomination;
3. A scale map showing the location of the property within the city at the time of nomination;
4. A scale map of the property showing the proposed boundaries, extant buildings, structures, objects, and sites within the property at the time of nomination;
5. Statements and documentation that the property meets one or more of the historic significance criteria.
C. Content Of District Nominations: All nominations for historic districts and preservation districts shall be made on forms supplied by the commission. Nominations must be complete when submitted to the commission. An incomplete nomination will be returned to the applicant. A district nomination must contain the following:
1. Completed Iowa site inventory forms with all attachments for all buildings, structures, objects, and sites within the proposed district or, for a historic district only, a national register of historic places nomination form for a historic district listed on the national register;
2. Photographic documentation of all properties in the proposed district at the time of nomination;
3. A scale map showing the location of the proposed district within the city at the time of nomination;
4. A scale map of the proposed district showing the proposed boundaries, extant buildings, structures, objects, and sites within the district at the time of nomination;
5. A list of names and addresses of owners of record of all properties within the district; and
6. Statements and documentation that the proposed district meets one or more of the historic significance criteria.
D. Procedure:
1. Public Review: All nominations shall be available for public review at city hall.
2. Notice Of Public Hearing: Written notice of a public hearing before the commission on a nomination shall be sent by regular mail not less than four (4) nor more than twenty (20) days prior to the hearing, addressed to the person making the nomination and to each owner of record of the nominated historic landmark or to each owner of record of property within a nominated historic district or preservation district. Written notice shall also be posted at least twenty four (24) hours prior to the public hearing. Failure to send notice by mail to any property owner entitled to notice shall not invalidate any proceedings in connection with the proposed designation if the address of such person is not known or does not appear in the county auditor's records. Written notice shall specify the date, time, place, and purpose of the public hearing and shall include a visual depiction of the area included within any proposed district.
3. Public Hearing Before Commission: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Oral or written testimony concerning the significance of the nominated historic landmark, historic district or preservation district shall be taken from any interested person. The commission may request expert testimony, consider staff reports, present its own evidence, and conduct such other investigation as it deems necessary regarding compliance of the nominated historic landmark, historic district or preservation district with the review criteria set forth in this section. The owner of any nominated historic landmark or of any property within a nominated historic district or preservation district shall be allowed a reasonable opportunity to present evidence and to cross examine expert witnesses.
4. Determination By Commission: Within thirty (30) days after the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated historic landmark, historic district or preservation district meets one or more of the historic significance criteria. If the nominated landmark or district meets one or more of the criteria, the commission will recommend designation. If the nominated landmark or district does not meet the criteria, the commission will not recommend designation. The commission's determination shall be made in an open meeting by resolution of the commission and shall be reduced to the form of a written report that states the findings of fact constituting the basis of the determination. The commission's recommendation of designation and its supporting report shall be filed with the planning, programming, and zoning commission. The commission shall also transmit to the planning, programming, and zoning commission a proposed ordinance or amendment establishing such historic landmark, historic district or preservation district and describing its location and boundaries by address and legal description.
5. Review By SHPO: A proposed ordinance or amendment of designation of a historic landmark, historic district or preservation district shall be submitted to SHPO for review and comment within three (3) days of the commission's transmittal of same to the planning, programming and zoning commission. The city shall make any SHPO recommendations available to the public for viewing during normal working hours at a city government place of public access.
6. Action By Planning, Programming And Zoning Commission: Within sixty (60) days of receipt of the commission's recommendation, report, and proposed ordinance or amendment, the planning, programming and zoning commission shall report to the city council with respect to the relation of such nomination to the general development plan, zoning ordinance, proposed public improvements, and any plans for the renewal of the area involved. A written copy of this report shall be submitted to the historic preservation commission. Upon submission of the report of the planning, programming and zoning commission, or upon expiration of the sixty (60) day period, whichever occurs first, the matter shall be transmitted to the city council. If the planning, programming and zoning commission alters the area of the proposed district as approved by the historic preservation commission, the planning, programming and zoning commission must submit a description of the altered proposed area to SHPO and the historic preservation commission for further review and recommendations concerning the altered proposed district.
7. Removal From Consideration: At any time before the city council adopts an ordinance or amendment to establish a proposed historic district or preservation district, the proposal shall be withdrawn from further consideration if a petition objecting to such proposal is filed with the city clerk containing the signatures of at least fifty percent (50%) of the owners of property within the proposed new district or, in the case of an existing district that is proposed to be enlarged, at least fifty percent (50%) of the owners of property within the existing district and the area proposed to be added thereto.
8. Action By City Council:
a. Upon receiving the recommendation of SHPO and upon either the receipt of the recommendation of the planning, programming, and zoning commission or the lapse of the sixty (60) day period referred to in subsection D6 of this section, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed historic landmark, historic district or preservation district.
b. After public hearing, the city council may approve or disapprove the ordinance or amendment or return the nomination to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above, with the following exceptions:
(1) Unless substantial modifications are proposed, the public hearing before the historic preservation commission may be waived by said commission. For purposes of this subsection D8b(1), a "substantial modification" to a proposed historic district or preservation district is one that would add or remove an area of land that is at least ten percent (10%) of the area originally proposed for inclusion in such district, or that would, in the reasonable judgment of the commission, alter the purpose or integrity of such district, and a "substantial modification" to a proposed historic landmark is one that would, in the reasonable judgment of the commission, alter the purpose or integrity of such landmark.
(2) Only the property owners affected by the city council's proposed modification shall be notified by mail of the proposed modification prior to action by the historic preservation commission.
c. City council approval of the ordinance or amendment shall constitute designation of the historic landmark, historic district or preservation district. The designation will be forwarded to the city clerk for recording, and the designation and nomination will be filed in the city's property inventory.
E. Amendment Or Rescission Of Designation: Any designation made pursuant to this chapter may be amended or rescinded in the same manner as the original designation was made. An amendment of designation of a historic landmark, a historic district or a preservation district may occur if one or more buildings, structures, objects or sites are added. A rescission of designation may occur if the historic landmark, historic district or preservation district no longer meets the historic significance criteria due to subsequent discovery of information relating to the historic significance or due to destruction of the historic property by act of God or other unintentional cause.
F. Extension Of Time: Whenever any provision of this chapter requires any governmental body, within a prescribed period of time, to make a determination or to perform any act in relation to a nomination, the applicant and the commission may extend such period by mutual written consent of the involved parties, which consent shall be kept on file with the official record of the proceedings. (Ord. 5057, 7-11-2011)