2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 303 - DEPARTMENT OF CULTURAL AFFAIRS
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