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A. Landmarks shall be defined as buildings or sites listed on the State Office of Historic Preservation’s directory of historic properties (i.e., Historic Properties Data Inventory), or designated by the City as a local landmark, except that buildings or sites located within the National Register Historic District shall not automatically be considered to be a landmark, unless individually so designated by the City Council in accordance with the provisions of this Chapter.

B. The City Council may by ordinance designate:

1. One or more individual structures or other features, or integrated groups of structures and features on one or more lots or sites, having a special character or special historical, architectural, or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark.

2. One or more areas containing a number of structures having special character or special historical architectural or aesthetic interesting value, and constituting distinct sections of the City, as historic districts.

C. 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 in addition to those features which would be affected by work described in Section 15.050(A1-2) that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district.

D. The property designated as a landmark or a historic district shall be subject to the control and standards contained in this Chapter. 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, setbacks, and height controls.

E. The City Council may amend or rescind a designation only by ordinance. The procedure for amending or rescinding a designation shall be the same as that for the original designation.

F. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the City Council, or by the written application of the property owners. The Planning Commission or the Historic and Cultural Preservation Committee may initiate and recommend the designation of a landmark or historic district to the City Council. Applications for designations shall be filed with the Community Development Department upon forms prescribed by the Director and shall be accompanied by all data required by the Planning Commission. An application for designation of a historic district must be described by or on behalf of at least fifty-one percent (51%) of the property owners in the proposed district. The date of initiation is the date the resolution is adopted or a valid application is filed.

G. Procedure. Where Planning Commission and City Council hearings are required, the proceedings for recommendation and for referral in cases where the City Council does not support the recommendation, shall be the same as those provided in Chapter 25 (Amendments) for rezoning.

H. Hearing by Historic and Cultural Preservation Committee and Planning Commission. The Historic and Cultural Preservation Committee and the Planning Commission shall hold public hearings on a proposal to designate a landmark or historic district, with notice given as provided for rezonings in Section 25.050(A). Notice shall also be mailed to recognized historic preservation organizations.

1. Action and Time Limit. The Historic and Cultural Preservation Committee shall make a recommendation to the Planning Commission on the designation. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this Chapter and the General Plan. The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, or disapprove the proposal within one hundred twenty (120) days after the initiation of designation proceedings. If the Planning Commission disapproves the proposal, no further action shall be required unless appealed.

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.

I. 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 Commission. The City Council may approve, or modify and approve, or deny the designation.

J. 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.

K. Conformity Required. Construction, alteration, demolition, repair, maintenance, or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless reviewed by the Historic and Cultural Preservation Commission and/or approved by the Planning Commission, as provided in Section 15.050 and 15.070, or unless the work conforms with the provisions of Section 15.100(B), Unsafe or Dangerous Conditions.