10-3-3216: AMENDMENT OR RESCISSION OF LANDMARK OR HISTORIC DISTRICT DESIGNATION:
Once a landmark or historic district designation is made, it shall not be repealed by the city council unless it is determined at any time that:
   A.   Evidence used to establish the designation was erroneous, newly discovered evidence establishes that the designation was erroneous, the historic assessment report used to make the designation omitted material evidence, or material procedural errors were made during the designation proceedings; or
   B.   The landmark or historic district no longer meets the criteria for designation under section 10-3-3212 or 10-3-3213 of this chapter, respectively, due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside of the control of the owner.
Changes of use, differences of opinion of subsequent city councils, desires of property owners, or general financial considerations shall not be sufficient reasons to repeal a designation. The repeal of a landmark or historic district may be initiated by the commission, the city council, or an owner of the subject property. The city council shall consider an application for repeal of a previously designated landmark or historic district utilizing the same proceedings for designation set forth in section 10-3-3215 of this chapter. If a landmark or historic district designation is repealed, the city's register of historic properties shall be updated accordingly. (Ord. 15-O-2682, eff. 11-19-2015)