(A) Any person may request an historic landmark designation for any improvement within the corporate limits of the city which may have historic or architectural significance as set forth in § 151.020. If several properties are included in a proposed development, demolition or redevelopment, the request shall cover all the properties. The secretary of the Commission shall supply, upon request, the application forms. Completed forms shall be submitted to the secretary of the Commission.
(B) The Commission shall thereafter notify the owner of the real property of the proposed designation. Whenever possible, the Landmark Commission shall secure the owner’s written consent to the proposed designation. The owner shall have ten days to consent to or decline the proposed designation. If no response is received from the owner in this time period, it will be assumed that the owner does not consent to the designation. In the event that the owner shall refuse or decline to give his or her written consent to the proposed designation, the Commission shall require a petition be submitted within 20 days of the owner’s actual or presumed declination with a minimum of 125 signatures of persons residing within the city. If the petition is not received within this time period, the request is null and void.
(C) Upon receipt of the petition or owner’s consent, the secretary of the Commission shall schedule a public hearing, to be held within 15 days from the receipt of the petition or owner’s consent, on the question of proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any person having a legal or equitable interest in the property being proposed for designation (not including people with a leasehold interest). The Commission shall cause a legal notice to be published in a newspaper of general circulation in the city setting forth the nature of the hearing, the property involved and the date, time and place of the scheduled meeting, which notice shall be published at least seven days before the hearing.
(D) During the public hearing, the Commission shall consider the application or petition according to the criteria established in § 151.036. The Commission may continue the hearing for a maximum of 15 days to allow for submission of additional evidence. Upon the conclusion of the public hearing, the Commission shall meet and review and evaluate the evidence introduced during the public hearing and shall formulate its recommendation to the City Council.
(E) Following the public hearing, the secretary of the Commission shall prepare the Commission’s evaluation, recommendation and all available information for submission to the City Council.
(F) The chairperson of the Commission shall submit in writing the Commission’s evaluation, recommendation and all available information to the City Clerk at the next regularly scheduled meeting of the City Council which occurs no less than seven days following the conclusion of the public hearing.
(G) The City Council shall act upon the designation within 30 days from the submission of the Commission’s recommendation by the chairperson of the Commission. A simple majority vote by the City Council is necessary for approval of a landmark designation. If the City Council approves the application or petition for a designation, a notice will be sent to the property owner and recorded with the County Recorder of Deeds. If the City Council denies the petition or application, no petitioner or applicant, other than the owner, can file a new nomination for landmark status with the secretary of the Commission, for a period of one year from the date of the action by the City Council.
(1990 Code, § 12-68) (Ord. 79-671, passed 5-4-1979; Ord. 91-1432, passed 12-16-1991)