To consider the establishment of a Historic Preservation District or Landmark, the following procedure shall be followed.
(a) The initiation of a proposal for a Historic Preservation District may be made only by one or more citizens of the city, or a city board, commission or committee. The initiation of a proposal for a landmark may be made only by the property owner or by a majority of the membership of the Council.
(b) The proposal shall be submitted to the Board.
(c) All known legal or equitable owners of the designated property and abutting property owners shall be notified by mail of the proposal, and their written comments requested.
(d) After review, the Board shall forward the proposal with its recommendation and the owners’ written comments to the Planning Commission.
(e) The Planning Commission shall review the proposal, the recommendations of the Board and the owners’ written comments and shall forward them to Council with a recommendation.
(f) Upon receipt of the Planning Commission’s recommendation, Council shall cause an appropriate ordinance to be prepared, shall schedule a public hearing on the proposed legislation, setting forth a date, time and place, and shall cause written notice to be given to the owner or any person having a legal or equitable interest in the property being proposed for designation.
(g) Council shall give due consideration to the findings and recommendations of the Board and Planning Commission, to the owners’ written comments and to the public hearing comments, in making its determination with respect to the proposed designation of an area, place, building, structure, work of art or similar object as a historic district or landmark.
(h) After a decision by Council, the Clerk of Council shall notify all persons known to have a legal or equitable interest in said property. The Planning Commission and the Board shall also be notified.
(i) Notwithstanding any provision of this chapter, Council may at any time, after conducting a public hearing with reasonable advance written notice being mailed to the affected property owners, rescind by ordinance the designation of any area, place, building or structure as a landmark, Historic Preservation District or contributing structure within a Historic Preservation District.
(j) The Clerk of Council shall notify any appropriate county and/or state offices after a designation is approved or rescinded.
(k) No legislation under this section shall be rendered invalid by any failure or alleged failure of the Clerk of Council to provide a prescribed notice by mail or otherwise, to any person.
(Ord. 26-08, passed 6-3-2008)