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                     Commission’s 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 Commission’s 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)