§ 70-6. Designation of landmarks, landmark sites and historic districts.

The city may establish landmarks, landmark sites and historic districts within the city. Such landmarks, landmark sites, or historic districts shall be designated following the criteria as established in this section, and no landmarks, landmark sites, or historic districts shall be designated until the following requirements have been met:

(1)

The commission shall initiate, or receive from the owners of record of a proposed landmark or landmark site, or a majority of the owners of record in a proposed historic district, a thorough investigation of historic, architectural, archaeological and/or cultural significance of the buildings, structures, features, sites and surroundings of such districts, landmarks and landmark sites. The findings shall be collected and/or received in a cohesive printed format, and contain a written recommendation from the zoning division and other pertinent public works departments, made a matter of public record, and made available for public inspection.

(2)

After investigation and/or review, if the commission shall decide to recommend the designation of a historic district, landmark, or landmark site, it shall prepare or cause to be prepared a proposed ordinance to effectuate such designation.

(3)

The commission's recommendation to the city for designation of a historic district shall be accompanied by complete documentation, including, but not limited to:

a.

A concise description of the extant historic resources in the district, offering a description of building types and architectural styles represented;

b.

A concise statement of the district's historical, architectural or cultural significance;

c.

Boundary description and justification;

d.

An inventory of all the buildings, with each building evaluated for its significance to the district;

e.

A map showing all historic resources in the district; and

f.

Photographs of typical streetscapes in the districts as well as of major types of contributing and noncontributing buildings.

(4)

No historic district shall be designated until the state department of archives and history, acting through such agent or employee as may be designated by its director, shall have made an analysis of and recommendations concerning, the proposed district boundaries. Failure of the department to submit its analysis and recommendations to the city, within 60 days after a written request for such analysis has been mailed to it, shall relieve the city of any responsibility for awaiting such analysis.

(5)

If a proposed ordinance is to designate a landmark or landmark site, it may be presented to the city with a recommendation that it be adopted without submission to the state department of archives and history.

(6)

Within 45 days after the receipt of the recommendation of the commission, the city shall hold a public hearing after notice, specifying the boundaries of the proposed historic district, or the location of the landmark or landmark site. The date, time and place of the public hearing shall be established by resolution, adopted by the city. Such notice shall be published once a week for at least three consecutive weeks in at least one newspaper published with citywide circulation. The first publication of such resolution shall be made not less than 21 days prior to the date fixed for the public hearing, and the last publication shall be made not more that seven days proper to such date.

(7)

Within 60 calendar days after the public hearing held in connection herewith, the city shall adopt the ordinance as proposed, reject it, or adopt any portion thereof. However, the city shall not adopt an ordinance designating a historic district unless a majority of the property owners voting as required in this section, voted in support of the designation.

(8)

A property owner may only vote once, regardless of the number of parcels owned, or portion of ownership, within the proposed district. A property owner is defined as any person, corporation, or other entity, that owns property in fee, in the proposed historic district.

(9)

An updated list and map shall be maintained by the planning division, of all historic districts, landmarks, and landmark sites, and recorded with the county chancery clerk.

(10)

After the nomination of a resource to the City Council or the Commission for possible local designation, the resource shall be fully protected by the provisions of this ordinance for a period of six months, as if it were already designated.

(Code 1971, § 15½-11; Ord. No. 2004-20(18), 5-25-04)