Any person aggrieved by any provision of this subchapter may appeal to the City Council by filing a written appeal with City Clerk. The appeal shall state the reasons why the decision is being contested.
(A) Repealing historic district designation.
(1) Eighty percent of the property owners within a designated historic district may file an appeal to the City Council requesting rescinding an area’s designation as a historic district.
(2) The rescinding process will proceed in the same manner as the original designation process. The petition will be accompanied by an application which contains the following:
(a) A map showing the boundaries of the designated historic district and the names and addresses of all property owners;
(b) Description of the historic district including a statement which describes why the district no longer meets the significance criteria in this subchapter; and
(c) Sketches, photographs or drawings of the property or fully completed state site inventory forms for the properties in the district, documenting that the district no longer meets the significance criteria.
(3) The Historic Preservation Commission will consider the request to rescind at a public hearing. The Commission will convey its recommendation regarding the request to the Mayor and City Council for their consideration within ten days following the public hearing.
(4) Upon receipt of the recommendation, the City Council shall schedule a public hearing to consider same at a specific place, date and time, not more than 30 days after the receipt, by giving notice as required by law.
(5) The City Council, after public hearing, may approve or disapprove the Commission’s recommendation by a majority vote of its membership.
(6) If not satisfied with the decision of the City Council, any party to the appeal before the City Council may appeal to the County District Court within 60 days after the Council’s decision.
(7) The Historic Preservation Commission shall not have the power or authority to appeal a decision of the City Council to District Court.
(B) Repealing historic landmark designation.
(1) A historic landmark may be rescinded in the same manner as the original designation process. The petition will be accompanied by an application which contains the following:
(a) A map showing the boundaries of the designated historic landmark and the name and address of all property owners;
(b) Description of the historic landmark including a statement which describes why the landmark no longer meets the significance criteria in this subchapter; and
(c) Sketches, photographs or drawings of the property or fully completed state site inventory form for the landmark which documents that the landmark no longer meets the significance criteria.
(2) The Historic Preservation Commission will consider the request to rescind at a public hearing. The Commission will convey its recommendation regarding the request to the Mayor and City Council for their consideration within ten days following the public hearing.
(3) Upon receipt of the recommendation, the City Council shall schedule a public hearing to consider same at a specific place, date and time, not more than 30 days after the receipt, by giving notice as required by law.
(4) The City Council, after public hearing, may approve or disapprove the Commission’s recommendation by a majority vote of its membership.
(5) If not satisfied with the decision of the City Council, any party to the appeal before the City Council may appeal to the County District Court within 60 days after the Council’s decision.
(C) Denial of certificate of appropriateness.
(1) In the event a certificate of appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Commission where one or more of the following unusual and compelling circumstances exists:
(a) There are no other reasonable means of saving the property from deterioration or collapse; and/or
(b) The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(2) The owner will be required to submit documents to show that he or she cannot comply with the design guidelines and earn a reasonable rate of return on his or her investment in the property. Information required will include:
(a) Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Commission;
(b) Structural report and/or a feasibility report prepared by a qualified preservation architect or engineer;
(c) Market value of the property in its present condition and after completion of the proposed project;
(d) Cost of the property, date purchased, relationship, if any, between seller and buyer, terms of financing;
(e) Annual gross income for the past two years from the property with operating and maintenance expenses, depreciation and annual cash flow before and after debt service during that time;
(f) Any other information considered necessary by the Commission to determine whether or not the property may yield a reasonable return; and
(g) If the property owner is a nonprofit organization, the organization will be asked to provide documentation that it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(3) If the Commission denies, or postpones for 180 days, a request to demolish a historic building, the Commission shall work closely with the owner to find an appropriate use for the property, to help find a buyer or to obtain funding for rehabilitation, including low interest loans or grants. The Commission shall inform the community concerning the threat to the building, its value as part of the fabric of the community and, through publicity and contacts with civic groups, seek to provide assistance in preserving the property.
(4) When an applicant disagrees with the Commission’s decision to deny issuance of a certificate of substantial hardship or conditions attached to the certificate, an appeal shall be reviewed by the City Council. The Commission shall be submit a report to the City Council explaining the denial or required conditions.
(5) When an applicant disagrees with City Council’s decision regarding issuance of a certificate of substantial hardship or conditions attached to the certificate, an appeal may be made to the County District Court.
(D) Demolition permit. If denied a certificate of appropriateness for the demolition of a property, the property owners may appeal to the City Council on the grounds of economic hardship and follow the process outlined in division (C) above.
(Ord. 2106, passed 11-9-1999; Ord. 2276, passed 5-25-2004; Ord. 2394, passed 11-25-2008)