§ 151.052 PROCEDURE FOR DESIGNATION.
   (A)   Any person may request the designation of an historic preservation district by submitting to the secretary of the Commission a petition for designation. This petition must include all of the following:
      (1)   The signatures of the owners of not less than 66-2/3% of all tracts located within the boundaries of the proposed district in favor of designation;
      (2)   A map delineating the proposed boundaries;
      (3)   A visual presentation of the significant improvements contained in the area proposed for designation; and
      (4)   A written statement of significance setting forth the character of the area and reasons the proposed area should be designated an historic preservation district.
   (B)   Upon the receipt of this petition, the secretary of the Landmark Commission shall:
      (1)   Notify the Commission of the need for a preliminary conference prior to a public hearing. The preliminary conference shall be held at the next regular meeting of the Commission;
      (2)   Notify the Department of Community Development and Department of Public Works of the city to separately review the area under consideration, in a manner they see fit, to assess any current proposals for that area by their respective departments. The departmental reviews shall be sent to the Commission prior to the public hearing under division (D) of this section; and
      (3)   Notify the Building Inspector to post a sign or signs on the premises for which a petition for an historic preservation district is requested not less than ten days before the public hearing called, giving notice of the proposed designation and the time and place of hearing thereon.
   (C)   At a preliminary conference prior to the public hearing, the petitioner, secretary of the Commission and the members of the Commission shall work together to prepare the following information for the public hearing:
      (1)   All information requested for the original petition in division (A) of this section;
      (2)   Maps and photographs of structures, sites or improvements within the designated area including information as to age, condition and use of each;
      (3)   Design criteria established for the district which will provide a guide for evaluating applications for certificates of appropriateness within the district. These criteria will vary depending on the character of each historic preservation district; and
      (4)   Legal description of the district.
   (D)   Upon the completion of the preliminary conference, the secretary of the Commission shall schedule a public hearing to be held within 15 days from the completion of the preliminary conference, on the question of proposed designation, setting forth a date, time and place and causing written notice to be given to the owners or any persons having a legal or equitable interest in the property being proposed for designation (not including people having 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.
   (E)   During the public hearing, the Commission shall review and evaluate all departmental reviews and the information in division (C) of this section according to the criteria established in § 151.051.
   (F)   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.
   (G)   At the next regularly scheduled meeting of the City Council following the public hearing, the chairperson of the Commission shall submit in writing the Commission’s evaluation, recommendation and all available information to the City Clerk.
   (H)   Within 30 days from the submission by the chairperson of the Commission, the City Council shall act upon the petition for historic preservation district designation. The City Council may approve all or part of the area requested for designation, make boundary revisions or deny the petition. A simple majority vote by the City Council is necessary for approval of designation. If the City Council approves the petition for designation, a notice will be sent to all property owners in the district, and recorded with the County Recorder of Deeds. If the City Council denies the petition, no petitioner or applicant can file for 90 days to the secretary of the Commission.
(1990 Code, § 12-108) (Ord. 79-671, passed 5-4-1979; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)