A. Initiation Process.
1. De-listing of a Landmark. The HPC, the city council or the property owner may initiate the de-listing process for an individual landmark property when the property has ceased to meet the criteria for a “landmark.”
2. Elimination of a District. The HPC or the city council may initiate elimination of an existing historic district. Property owners of more than 50% of the area of an existing historic district may initiate the elimination of a historic district with the submittal of a petition.
B. Application. An application shall be filed with the department for the de-listing or district elimination, which will be forwarded to the HPC for consideration.
C. Review Criteria. The HPC shall hold a public hearing on all properly filed de-listing or district elimination applications, and make a recommendation in accordance with the following review criteria.
1. District Elimination. The district has lost its special characteristics or historic features so that it no longer contributes to the historic character of the community.
2. Landmark De-listing.
a. The landmark has lost its special characteristics or historic features to the extent that it no longer contributes to the historic character of the community; or
b. The building, structure, object, sign or site has been substantially damaged or destroyed by a catastrophic event such that it no longer meets the criteria for designation as a local landmark or placement on the state or national historic register.
D. HPC Public Hearing Notification Requirements and Recommendation.
1. Notification of the public hearing shall be in accordance with Subsection 17.62.060(A)(1).
2. The HPC shall recommend to city council that the application be approved, approved with conditions, or denied. The HPC may postpone taking action on the application; however, any postponement shall be limited to a maximum of 75 days. This period may be extended with the written permission of the applicant. In the event it does not make a recommendation within this timeline, the HPC will be deemed to have recommended denial to the city council.
3. All decisions of the HPC shall specify how the designation complies or does not comply with the applicable review criteria. This requirement may be met by the minutes of the meeting if the recommendation is for approval, or may be met by a letter by the chairman, vice-chairman, or staff liaison assigned to the HPC, outlining the relevant criteria and applicability.
4. A copy of the decision shall be communicated in writing to the applicant.
E. City Council Consideration. City council shall hold a public hearing and make a decision on all requests to eliminate a historic district or de-list a landmark in accordance with the procedures set forth in Section 17.62.070.
(Ord. 1397.17.47 § 3 (part), 2017)