§ 153.06 REMOVAL PROCESS FROM LOCAL LANDMARK REGISTER.
   The following process shall be required to remove a landmark from the Local Landmark Register.
   (A)   Landmarks concurrently listed in the Local Landmark Register and National Register will be considered for removal from the Local Landmark Register only after the landmark is removed from the National Register and the state’s Historic Preservation Office has provided written evidence of the removal to the Historic Preservation Officer.
   (B)   Any individual or group, including the Landmark Committee acting on its own initiative, may initiate the removal of a landmark or individual property from the Local Landmark Register by submitting a complete application to the Historic Preservation Officer.
   (C)   The Historic Preservation Officer shall establish standards for an application for the removal of a landmark from the Local Landmark Register. Upon acceptance of an application, the Historic Preservation Officer shall schedule a public hearing pursuant to applicable local and state laws.
   (D)   In order to recommend the approval of an application for the removal of a landmark, the Landmark Committee must find the following:
      (1)   The landmark has ceased to meet the criteria for listing in the Local Landmark Register because the qualities which caused it to be originally listed have been lost or destroyed; and/or
      (2)   The property owner at the time the property was added to the Local Landmark Register did not provide written permission for such action as required under § 153.05.
   (E)   Landmarks accidentally destroyed by flood, fire, or other natural or accidental act or demolished under the provisions of § 153.08 and meeting the definition of demolished may be removed from the Local Landmark Register by the Historic Preservation Officer. Notice of this action and written evidence documenting the landmark demolition shall be provided to the Planning Commission and the Landmark Committee at their next regular meeting. The same information shall be provided to the state’s Historic Preservation Office. If a landmark is also listed in the National Register, the Planning Commission shall request that the state’s Historic Preservation Office remove the property from the National Register.
   (F)   At the hearing of an application to remove a landmark from the Local Landmarks Register, the Planning Commission shall consider the recommendations of the Landmark Committee and use the provisions of this section in approving, approving with conditions, or denying the application.
   (G)   Upon removing a landmark from the Local Landmark Register, the Historic Preservation Officer shall post a notice on the property and in the City’s newsletter announcing the removal, the criteria under which the removal was approved and the historic significance of the property.
(Ord. 638, passed 5-7-2014)