Chapter 15.64 HISTORIC SITE PRESERVATION
Section 15.64.130 Procedure.
(A) Any person, group of persons, or association, including but not limited to,
the
CHPC, may present
to the City Council a petition requesting that a defined
geographic area be designated
as a historic district. The City Clerk shall supply,
upon request, the application forms. Completed forms shall be submitted to the City
Council which shall forward them to the
Commission for its consideration and
recommendations.
(1) The
petition shall contain the names of no less than fifty-one percent (51%) of the
property
owners; or, if leaseholders, with a five (5) year or longer leasehold
interest,
are signatories to the petition, then the petition shall contain no less than
fifty-one
percent (51%) of the property owners and leaseholders.
(2) Upon
receipt of the application, the Secretary of the Commission shall schedule a
public
hearing to be held within thirty (30) days after preliminary approval of the
application.
(3) Notice
of date, time, place, and purpose of the public hearing shall be sent by
mail to
owners of record and to the nominators as well as to the adjoining property
owners,
not less than fifteen (15) nor more than thirty (30) days prior to the date of
the
hearing. A public notice also shall be published in a newspaper having general
circulation
in the City. The notice shall state the location of the property and
include a statement summarizing
how the proposed district meets the criteria set
forth in Section 41-4-1 of this
Chapter.
(4) During
the public hearing, the Commission shall review and evaluate the
application according
to the criteria established by this Chapter.
(5) If
the Commission finds at the time that the application merits further
consideration, then
the Commission may table the request until its next regularly
scheduled meeting.
(B) A
decision shall be made within thirty (30) days following the date of the closing of
the public
hearing.
(1) Following
the public hearing, the Secretary of the Commission shall prepare the
Commissions
evaluation, recommendation, and all available information for
submission
to the City Council within thirty (30) days.
(2) If
the Commission decides that the proposed historic district should be
designated, it shall
do so by a resolution passed by a majority of the Commission.
(3) The
owners of record shall be notified promptly by a letter containing information
of
the Commissions decision.
(4) A
simple majority vote of the City Council is necessary for approval of a historic
district
designation. If the City Council approves the application for designation, a
notice
will be sent to the property owner, the Commission, the Building Inspector,
and
the City Clerk, and recorded with the County Recorder of Deeds, that the area
has
been designated as such, and that building located within the boundaries of the
historic
district shall be subject to issuance of Certificates of Appropriateness. If
the
City Council denies the petition, no petitioner can refile for historic district
designation
to the City Council for ninety (90) days.
(Ord. 777 § 1 (part), 1989: prior code § 41-4-2)
(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.130, Prior Text)