(a)

The purpose of this Article is to promote the public health, safety and welfare through:

(1)

The protection and preservation of the City's historic and cultural heritage, as embodied in designated historic landmarks and districts, by appropriate regulations;

(2)

The enhancement of property values and the stabilization of historic neighborhoods;

(3)

The increase of economic and financial benefits through the City's attractions to tourists and visitors; and

(4)

The provision of educational opportunities to increase public appreciation of the City's unique heritage.

(b)

The intention of this Article is to create a method to draw a reasonable balance between private property rights and the public interest in preserving the City's unique historic character by ensuring that demolition of, moving or alterations to properties of historic value shall be carefully considered for impact to the property's contribution to the City's heritage. (Prior code 17.15.010)

(a)

In addition to its other duties, Planning Commission shall act as an Historic Preservation Board; and, in this capacity, shall have responsibility for matters of historical preservation as set forth in this Article. In addition, the Downtown Development Authority, in cooperation with the Planning Commission, shall have responsibility for certain aspects of the encouragement of historic preservation.

(b)

When acting as the Historic Preservation Board, the Planning Commission shall:

(1)

Adopt criteria for review of historic resources and for review of proposals to alter, demolish or move designated resources.

(2)

Conduct surveys of historic areas for the purpose of defining those of historic significance, and setting priorities upon the importance of identified historic areas.

(3)

Review resources nominated for designation as either an historic landmark or historic district and recommend that the City Council designate by ordinance those resources qualifying for such designation.

(4)

Review and make decisions on any application for alterations to a designated historic landmark or historic district.

(5)

Review and make decisions on any application for moving or demolishing an historic landmark.

(6)

Advise the City Council on matters related to preserving the historic character of the City.

(c)

In cooperation with the Historic Preservation Board, the Downtown Development Authority shall:

(1)

Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the National Register of Historic Places.

(2)

Develop and assist in public education programs, including but not limited to walking tours, brochures, a marker program for historic properties, lectures and conferences.

(3)

Actively pursue financial assistance for preservation-related programs. (Prior code 17.15.020; Ord. 4 §1, 2005)

(a)

Pursuant to the procedures hereinafter set forth in this Article, the City Council may, by ordinance:

(1)

Designate as a landmark an individual structure or other feature or an integrated group of structures and features on a single lot or site having a special historical or architectural value, and designate a landmark site for each landmark.

(2)

Designate as an historic district an area containing a number of structures having a special historical or architectural value.

(b)

Each such designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the landmark site or historic district. The designating ordinance may also indicate alterations which would have a significant impact upon, or be potentially detrimental to, the landmark site or historic district. Any such designation shall be in furtherance of and in conformance with the purposes and standards of this Article.

(c)

The property included in any such designation shall be subject to the controls and standards set forth in this Article, and be eligible for such incentive programs as may be developed by the Historic Preservation Board.

(d)

A nomination for designating a structure or district for preservation may be made only by the property owners, by petition to the Historic Preservation Board. The nomination for designation shall include a brief statement which sets forth the historic nature of the building and evidence that the petition document is signed by all of the property owners. The Historic Preservation Board shall review the proposal to ensure that the proposed designation conforms with this Article.

(1)

The Historic Preservation Board shall hold a public meeting on the proposal no more than sixty (60) days after the filing of the application.

(2)

The Historic Preservation Board shall review the petition for conformance with the established criteria for designation and with the purposes of this Article. Within thirty (30) days after the conclusion of the public meeting, but in no event more than sixty (60) days after the meeting date first set, unless otherwise mutually agreed by the Historic Preservation Board and the petitioners, the Historic Preservation Board shall refer the petition to the City Council, together with a copy of its report and a recommendation that the City Council either approve, modify and approve or disapprove the petition. (Prior code 17.15.030; Ord. 4 §1, 2005)

The City Council will review the petition upon completion of the Historic Preservation Board's review and recommendation. The City Council review shall follow the procedures set forth in Article V, Division 4 of this Chapter. The City Clerk shall record with the County Clerk and Recorder all ordinances designating historic landmarks or districts. (Prior code 17.15.040)

(a)

If a building or special feature on a designated landmark site was lawfully removed or demolished, the owner may apply to the Historic Preservation Board for a revocation of the designation.

(b)

The Historic Preservation Board shall revoke a landmark designation if, after following the procedures prescribed by this Article, it determines that, without the demolished building or feature, the site as a whole no longer meets the purposes and standards this Article and the Historic Preservation Board's review standards for designation.

(c)

Revocation of a designation is final. Upon the Historic Preservation Board's decision to revoke a designation, the Planning Department shall cause to be prepared an ordinance including the legal description of the affected property stating notice of the revocation, and schedule the item for City Council review as described herein. Upon adoption by the City Council, the ordinance shall be recorded. (Prior code 17.15.050; Ord. 4 §1, 2005)

(a)

No person shall carry out or permit to be carried out on a designated landmark site or in a designated historic district any new construction, alteration, removal or demolition of a building or other designated feature without first obtaining a landmark alteration certificate for the proposed work under this Section, as well as any other permits required by this Code or other ordinances of the City.

(b)

The Planning Department shall maintain a current record of all designated landmark sites, historic districts and pending designations. If the Building Department receives an application for a permit to carry out any new construction, alteration, removal or demolition of a building or other designated feature on a landmark site in an historic district or in an area for which designation proceedings are pending, the Building Department shall promptly forward such permit application to the Planning Department. (Prior code 17.15.060)

No person shall receive a permit to construct, alter, remove or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after the date an application has been filed to initiate the designation of such landmark site or district. No such permit application filed after such date will be approved while proceedings are pending on such designation. (Prior code 17.15.070)

An owner of property designated as a landmark or located in an historic district may apply for a landmark alteration certificate, including all information that the Historic Preservation Board determines is necessary to consider the application, including without limitation, plans and specifications showing the proposed exterior appearance with texture, materials and architectural design and detail, and the names and addresses of the abutting property owners. The review of this matter shall be handled as a Planning Commission review, as set out in Article V, Division 3 of this Chapter. (Prior code 17.15.080; Ord. 4 §1, 2005)

Nothing in this Article shall be construed to prevent any measure of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature or parts thereof where such condition is declared unsafe or dangerous by the Building Department, Planning Department or Fire Department and where the proposed measures have been declared necessary by the City Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining a landmark alteration certificate under this Article, but a certificate is required for permanent alteration, removal or demolition. (Prior code 17.15.090; Ord. 4 §1, 2005)

The City Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee or occupant of any landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the designating ordinance. (Prior code 17.15.100)

The Historic Preservation Board may approve a list of structures of historical or architectural merit that have not been designated as landmarks and are not situated in designated historic districts, to which the Historic Preservation Board may add from time to time, in order to recognize and encourage the protection, enhancement and use of such structures. However, nothing in this Article shall be construed to impose any regulations or controls upon, or to provide incentives or awards to, structures of merit solely because they are included on the list. (Prior code 17.15.110; Ord. 4 §1, 2005)

Violations of this Article are punished as provided in Sections 16-1-150 and 16-1-160 of this Chapter. (Prior code 17.15.120; Ord. 11 §2, 2006)