Chapter 2.44 HISTORIC PRESERVATION COMMISSION


Section 2.44.070 Identification and Designation of Landmarks and Historic Districts.

    1.  Purpose: The Historic Preservation Commission may proceed on its own initiative or upon a petition from any person, group or association, to initiate the designation of a landmark or district.  
    2.  Criteria:
        a. Landmark: The City may designate a landmark which possesses integrity of location, design, setting, materials, workmanship, feeling and association and which meets at least one of the following criterion:
            (1) The subject property is associated with events that have made a significant contribution to the broad patterns of our history; or
            (2) The subject property is associated with the lives of persons significant in our past; or
            (3) The subject property embodies the distinctive characteristics of a type, period, or method of construction or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
            (4) The subject property has yielded, or may be likely to yield, information important in prehistory or history.
        b.  District: The City may designate an area as a District if it meets the definition of District contained in this Chapter, including the criteria contained therein.
    3. Notice:
        a. The advisor to the Sioux City Historic Preservation Commission shall give notice of such public hearing in accordance with the law.
        b. In the case of nominating a landmark or district, notice shall be provided:
            (1) by certified mail to the applicant, the owner of any property subject to the application and to any other person or persons having a direct interest in the subject matter of the hearing.
            (2) by publication in an official paper or a newspaper of general circulation in the city at least once, not more than thirty nor less than fifteen days before the date of the hearing.
        c. The City shall submit a description of the designation proposal of a landmark or district or the petition describing the designation proposal to the Iowa State Historic Preservation Office which shall determine if the proposal meets the criteria in Subsection 3 and may make recommendations concerning the proposal.  Any recommendations made by the Iowa State Historic Preservation Office shall be made available by the City to the public for viewing during normal working hours at a city government place of public access.  The Commission shall submit the nomination to the Iowa State Historic Preservation Office for review and recommendations at least forty-five (45) days in advance of the City Council meeting.  
    4. Hearing:  Oral or written testimony concerning the significance of the nominated landmark or district shall be taken at the public hearing from any interested person.  The Historic Preservation Commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated object, property, site, or district of historic significance with the criteria set forth in Subsection 2 of this section.  The owner of any nominated landmark or district may be represented by counsel, shall be afforded all the due processes of the law including be given the reasonable opportunity to cross-examine expert witnesses.
    5. Determination by the Commission: Within 30 (thirty) days of the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark or district meets the criteria for designation.  Such determination shall be made in an open meeting by resolution of the Commission.  The Commission’ s recommendation, its supporting documentation and a recommendation from Iowa State Historic Preservation Office shall be forwarded to the City Council for final approval.
    6.  Approval:  The City Council shall conduct a public hearing on the ordinance designating the landmark or district.  After public hearing, the City Council shall approve or disapprove the ordinance or remand the nomination to the Historic Preservation Commission for further consideration. A remanded nomination shall require compliance with the same procedure for designation as set forth above.  City Council approval of the ordinance shall constitute designation of the landmark or district.
    7. Amendment and Rescinding of Designation: A designation may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria as set forth above for designation.
    8. Zoning Designation for Districts of Historic Designation: The City of Sioux City may accept petitions to rezone districts of local, regional or national designation to the HC (Historic Zone) zoning district. Design guidelines may also be adopted for the historic district.  (Ord. 2008-0307)