303.34 - AREAS OF HISTORICAL SIGNIFICANCE.

        303.34  AREAS OF HISTORICAL SIGNIFICANCE.         The provisions of sections 303.20 to 303.33 do not apply within      the limits of a city.  However, in order for a city to designate an      area which is deemed to merit preservation as an area of historical      significance, the following shall apply:         1.  An area of historical significance shall be proposed by the      governing body of the city on its own motion or upon the receipt by      the governing body of a petition signed by residents of the city.      The city shall submit a description of the proposed area of      historical significance or the petition describing the proposed area,      if the proposed area is a result of the receipt of a petition, to the      historical division which shall determine if the proposed area meets      the criteria in subsection 2 and may make recommendations concerning      the proposed area.  Any recommendations made by the division shall be      made available by the city to the public for viewing during normal      working hours at a city government place of public access.         2.  A city shall not designate an area as an area of historical      significance unless it contains contiguous pieces of property under      diverse ownership which meets the criteria specified in section      303.20, subsection 1, paragraphs "a" to "f".         3.  A city may provide by ordinance for the establishment of a      commission to deal with matters involving areas of historical      significance but shall provide by ordinance for such commission upon      the enactment of the ordinance designating an area as an area of      historical significance as required in subsection 4.  Upon the      establishment of the commission the city shall provide by ordinance      for the method of appointment, the number, and terms, of members of      the commission and for the duties and powers of the commission.  The      commission shall contain not less than three members.  The members of      the commission shall be appointed with due regard to proper      representation of residents and property owners of the city and their      relevant fields of knowledge including but not limited to history,      urban planning, architecture, archaeology, law, and sociology.  At      least one resident of each designated area of historical significance      shall be appointed to the commission.  Cities with a population of      more than fifty thousand shall not appoint more than one-third of the      members to the commission of an area of historical significance that      are members of a city zoning commission appointed pursuant to chapter      414.  The commission shall have the power to approve or deny      applications for proposed alterations to exterior features within an      area designated as an area of historical significance.  An aggrieved      party may appeal the commission's action to the governing body of the      city.  If not satisfied by the decision of the governing body, the      party may appeal within sixty days of the governing body's decision      to the district court for the county in which the designated area is      located.  On appeal the governing body or the district court as the      case may be shall consider whether the commission has exercised its      powers and followed the guidelines established by the law and      ordinance, and whether the commission's action was patently arbitrary      or capricious.         4.  An area shall be designated an area of historical significance      upon enactment of an ordinance of the city.  Before the ordinance or      an amendment to it is enacted, the governing body of the city shall      submit the ordinance or amendment to the historical division for its      review and recommendations.  
         Section History: Early Form
         [C81, § 303.34; 82 Acts, ch 1238, § 19] 
         Section History: Recent Form
         89 Acts, ch 145, § 1; 92 Acts, ch 1204, § 7         Referred to in § 414.2, 427.16