(A) Removal of a designated landmark from the Register may be proposed by a property owner or his or her authorized agent, by the HLB, or by the City Council. An application shall be filed with the Community Development Department.
(B) Removal of a designated landmark from the Register is classified as a Type IV procedure, and is subject to all of the notice procedures and timelines outlined in the Development Code. Removal of the HL overlay designation requires two sequential public hearings before the following review bodies:
(1) Historic Landmarks Board; and
(2) City Council.
(C) The HLB shall make its decision on the basis of the criteria contained in § 35.073 and shall make specific findings of fact as to whether the landmark has lost its historic or cultural value based on these criteria.
(D) If the Board acts to deny a request for removal of a landmark from the Register, no further action shall be taken unless the applicant files an appeal of the Board’s action with the City Council.
(E) Within 60 days from the date of the recommendation by the HLB to approve a request to remove a landmark from the Register, the City Council shall conduct a public hearing to consider the request and recommendation of the HLB. Public notice shall be provided in accordance with Type IV procedures. Following the public hearing, the Council shall act to approve the removal of the landmark designation as requested, or to remove some portion of the landmark from the Register, or to deny the request. When removing a landmark designation from the Register, the ordinance shall amend the zoning map to remove the HL overlay zone from the property.
(Prior Code, § 9.160) (Ord. 2009-04, passed 3-9-2009)