§ 154-03.09  Historic Designation Establishment Procedure.
   (A)   An application for designating a building, structure, area or object as an historic site shall be filed with the Community Development Department.
   (B)   Within 90 days of the date of filing of the application, the Commission shall hold a public hearing and render a decision on the application, unless an extension of time is authorized in writing by both the Commission and the applicant. Notice of the time and place of the hearing, including a general explanation of the application and a description of the building, structure or object or the area sought to be included within the district, shall be given by the Zoning Administrator at least 15 days before the hearing. Said notice shall include the time and place of a second public hearing, to be held within a reasonable time thereafter, by the Planning and Zoning Commission pursuant to requirements for amending the zoning map.
      (1)   The notice shall be published at least once in a newspaper of general circulation, published or circulated within the city; or, if there is none, upon an application for designation of an historic district by posting notice in at least ten places within the area to be included in the district and, upon either application, in at least ten public places other than at the building, structure or object within the area.
      (2)   Notice of hearing on the application for designation of an area as an historic district shall be mailed to the owner of each parcel of real property within the proposed district, and to all owners of property within 100 feet of the exterior boundaries of the proposed district, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.
      (3)   Notice of hearing on the application for designation of a building, structure or object as an historic site shall be mailed to the owner of that building, structure or object and to all owners of property within a radius of 100 feet of the exterior boundaries of the subject property, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.
      (4)   Additional notice may be required by the Commission under its rules.
   (C)   The Community Development Department shall provide administrative support for the Commission upon any application.
   (D)   (1)   The Commission’s decision shall be made at a public hearing to recommend one of the following:
         (a)   Adoption of an ordinance creating the historic site or district;
         (b)   A district of lesser size than sought by the application but within the boundaries described in the application; or
         (c)   Denial of the application.
      (2)   After its announcement, the decision shall be put in writing, with the reasons for the recommendation, and transmitted to the Planning and Zoning Commission for review/recommendation, and then forwarded to the Mayor and Council for the final decision.
   (E)   Written objection of the Commission’s decision may be filed with the City Clerk by any adult resident of the city within ten days following the date of the public hearing at which the decision was made. In the event written objection is so filed, a public hearing shall be held before the City Council prior to action being taken on the Commission’s recommendation, with notice of the hearing.
   (F)   An historic site or district shall be identified upon the official zoning map of the city with the symbol “H” immediately following the zoning district name; no modification of underlying zone or permitted use shall thereby be affected.
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010)