§ 33.133 POWERS AND DUTIES.
   (A)   The Commission shall be concerned with those elements of development, redevelopment, rehabilitation and preservation that affect visual quality in a historic district. The Commission may not consider details of design, interior arrangements or building features, if those details, arrangements or features are not subject to public view, and may not make any requirement except for the purpose of preventing development, alteration or demolition in a historic district obviously incongruous with the historic district.
   (B)   The Commission shall conduct a survey to identify historic buildings, structures and sites located within the city that have previously been classified historic or listed on the National Register. Based on its survey, the Commission shall submit to the City Council a map describing the boundaries of a historic district or historic districts containing sites on the National Register. A district may be limited to the boundaries of a property containing a single building, structure or site. The map may divide a district into primary and secondary areas.
   (C)   The Commission shall also classify and designate on the map all buildings, structures and sites within each historic district described on the map. Buildings, structures and sites shall be classified as historic or non-historic in the manner set forth in divisions (D) and (E) below. Provided however no building structure or site shall be classified as historic unless it is contained on a site on the National Register or the property owner agrees to the designation in writing.
   (D)   Buildings, structures and sites classified as historic must possess identified historic or architectural merit of a degree warranting their preservation. They may be further classified as outstanding, notable, or contributing (as defined in § 33.131 of this subchapter). In lieu of these further classifications, the Commission may devise its own system of further classification for historic buildings, structures and sites.
   (E)   Non-historic buildings and structures are those not classified on the map as historic under division (B) above.
   (F)   The Commission may conduct additional surveys, and draw and submit additional maps for approval of the City Council, as the Commission considers appropriate.
   (G)   The Commission may adopt preservation guidelines for architectural review. If adopted, preservation guidelines shall be published and made readily accessible to the general public.
   (H)   The Commission has the authority to receive funds in order to promote its stated purposes.
   (I)   The Commission shall promote public interest in historic preservation by initiating and carrying on a public relations and community education program.
   (J)   The Commission has the authority to:
      (1)   Acquire by purchase, gift, grant, bequest, devise or lease any real or personal property, including easements, that is appropriate for carrying out the purposes of the Commission;
      (2)   Hold title to real and personal property;
      (3)   Sell, lease, rent or otherwise dispose of real and personal property at a public or private sale on the terms and conditions that the Commission considers best; and
      (4)   Establish procedures that the Commission must follow in acquiring and disposing of property.
   (K)   Each official of the city who has responsibility for building inspection, building permits, planning, or zoning shall provide any technical, administrative or clerical assistance requested by the Commission. The attorney for the city is the attorney for the Commission. However, the Commission may employ other legal counsel authorized to practice law in this state if it considers it necessary or desirable.
(Ord. 22-09, passed 7-11-2022)