(A) Designation subject to procedures and guidelines in this chapter. There are hereby created criteria and procedures for the designation of landmark(s) within the corporate limits of the city. Designation of a landmark is subject to the procedures and guidelines as set forth in this chapter.
(B) Criteria for landmark designation. The following criteria shall be utilized by the Commission in evaluating the nomination to designate a landmark:
(1) Historic significance;
(2) Architectural significance;
(3) Economic and functional potential of the nominated landmark; and
(4) Other qualities, characteristics and factors as in the judgment of the Commission are relevant to the nomination.
(C) Procedures for designation of landmarks.
(1) Nomination for landmark designation. Any person or persons except members of the Commission may nominate for landmark designation any building(s),
structure(s), site, object(s) or improvement(s) within the corporate limits of the city, which has historic or architectural significance and which is at least 50 years old. Nominations for landmark designation shall be made on application forms supplied by the Commission. In addition to other information, the application shall identify the name and last known address of each owner of the real estate on which the building(s), structure(s), site, object(s) or improvement(s) sought to be designated is located. Applications for nomination shall also list any buildings, structures, sites, objects or improvements which share the real property on which the subject of the nomination is found, which are to be exempted from landmark designation; (i.e. a modern garage behind an historic home). In the absence of such listed exemptions, all buildings, structures, sites, objects and improvements will be subject to the landmark standards and provisions found in this chapter. Any member of the Historic Preservation Committee who has a substantial personal or private interest in any nomination must disclose that interest to the Board and recuse themselves from any votes associated with that nomination. Applications for nomination shall be filed with the Department, which shall determine whether the information is complete.
(2) Notice to owner(s) and public. Within ten days after a proper application has been filed, the Department shall mail, by certified mail postage prepaid, to each owner identified in the application, a written notice of the following:
(a) The date, time and place of the public hearing on the nomination;
(b) The date, time and place of the informal conference: and
(c) A copy of the application for nomination. In addition, the Commission shall cause to be published in a newspaper of general circulation within the city a legal notice of the date, time and place of the public hearing.
(3) Informal conference. If the owner accepts or wishes to discuss the designation, the Commission shall schedule an informal conference with the owner(s) of the building(s), structure(s), site, object(s) or improvement(s) sought to be designated a landmark. The informal conference shall be scheduled at the owner’s convenience but in no case more than 14 days after the date the notice to owner(s) has been mailed. At the conference not more than two members of the Commission shall be present. The Commissioners shall explain to the owner(s) the procedure involved in landmark designation, including without limitation, the right of the owner(s) to consent to or deny such designation, and such other aspects and ramifications of landmark designation as any of the persons present may desire to discuss. The Commissioner(s) shall provide to the owner(s) present copies of the consent and objection forms supplied by the Commission. The informal conference shall not be an open meeting. If any owner to whom notice has been mailed shall fail to appear at the informal conference, the Historic Preservation Commission will consider this a denial of the nomination.
(4) Denial of nomination. Any owner of a building(s), structure(s), site, object(s) or improvement(s) nominated to be designated a landmark shall have the right to deny such designation with the Commission. Such denial shall be made through regular communication channels to the Department of Urban Services and shall be not more than ten days after being made aware of the nomination. If an owner denies the proposed designation, the Commission shall notify the applicant not more than ten days after notification of denial.
(5) Public hearing. If all owners have filed a written consent to such designation, the Commission shall hold a public hearing of the merits of the nomination. The hearing shall be held not less than 60 and not more than 90 days after the filing of the application. The nomination shall be approved only upon the affirmative vote of a majority of the members of the Commission present at such hearing. If the nomination is not approved the building(s), structure(s), site, object(s) or improvement(s) in question shall not be eligible for subsequent nomination for landmark designation for a period of three years after the date of the public hearing.
(6) City Council action. If the Commission has concluded that a nomination for landmark designation should be approved as provided in division (C)(5) above, the findings and conclusion of the Commission shall be taken up by the appropriate committee of the City Council for review and recommendation, at its first regular committee meeting held not less than five days after the determination of the Commission. The committee shall not conduct a new hearing, but may receive written and oral comments from any persons interested in the matter. The committee shall recommend either approval of the nomination or denial of the nomination to the City Council. A tie vote of the committee shall be deemed a recommendation for denial of the nomination. At its regular meeting next following the action of the appropriate committee, the City Council shall consider the findings of the Commission and the recommendation of the committee, and shall act upon the nomination. The Council shall not conduct a new hearing, but may receive written and oral comments from any persons interested in the matter. Upon motion duly made and seconded, the Council shall act on the nomination by a simple majority vote of the entire Council.
(D) Procedures for de-designation of a landmark. A decision to designate a landmark may be totally or partially reversed by following the procedures described in division (C) above with the following exceptions:
(1) The term "designate" shall mean "de-designate."
(2) All applications seeking to de-designate a landmark shall be accompanied by a petition containing the names of 25 individuals that own property in the city.
(3) In all cases it shall require an 80% vote of the Commission to recommend such a de-designation.
(4) The Council shall make all final decisions relative to this process by simple majority vote of the entire Council.
(5) When considering the criteria described in division (B)(1) above, the Commission and the Council shall evaluate the extent to which the primary criteria, cited to support the original designation, have changed over time.
(E) Consideration period. The "consideration period" on proposed landmark(s) shall commence at the time of the submission of the application to the department and continue until the final Commission or Council (whichever is applicable) decision. During this period, the building inspector for the city shall impose a moratorium on any construction, alteration, demolition or removal of improvements on the property proposed for landmark designation.
(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02; Am. Ord. 9094, passed 5-2-17)