Sec. 30.04. - Designation of landmarks and historic districts.

(a)

The city council may by ordinance designate:

1.

Landmarks.

2.

Historic districts.

(b)

Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features that are to be preserved, and shall specify the locations and boundaries of the landmark site or historic district.

(c)

The property designated shall be subject to the controls and standards contained in this article. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:

1.

For a publicly owned landmark, review of proposed changes in major interior architectural features.

2.

For a historic district, such further controls and standards as the city council finds necessary or desirable, including but not limited to facade, set-back and height controls.

(d)

The city council may amend or rescind a designation only by ordinance, after planning commission and city council hearings as required for original designation.

(e)

Initiation of Designation Proceedings. Initiation of designation proceedings shall be by resolution of the city council or planning commission, or by the written application of the property owners. Applications for designations shall be filed with the planning department upon forms prescribed by the planning director, and shall be accompanied by all data required by the planning commission. The date of initiation is the date the resolution is adopted or a valid application is filed.

1.

To facilitate such designation proceedings, the HPC shall periodically establish a list of potential landmarks deserving official landmark status, and submit such list, with the signed consent of the property owner(s), for review and potential action by the planning commission.

2.

An application for designation of a historic district must be subscribed by the signed consent of one hundred percent of the properties (as represented by one legal owner's vote per parcel) in the proposed district.

(f)

Where planning commission and city council hearings are required, the proceedings for recommendation, and for referral in cases where the city council does not follow the recommendation, shall be the same as those provided in article 36 for rezoning.

(g)

Hearing by Planning Commission. The planning commission shall hold a public hearing on the proposal, with notice given as provided for rezoning in article 36.

1.

Action and Time Limit. The planning commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this article and the general plan. The planning commission shall approve, approve with modifications, or disapprove the proposal within ninety days after the initiation of designation proceeding.

2.

Notice of Action. The planning commission shall promptly notify the applicant of action taken. If the planning commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval to the city council.

(h)

Designation by City Council. The city council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission. The city council may deny, approve, or modify and approve, the recommended designation provided by the planning commission.

(i)

Notice of Designation by City Council. When a landmark or historic district has been designated by the city council, the city clerk shall promptly notify the owners of the property included therein. The city clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the county recorder.