§ 155.04  NOMINATION, CONSIDERATION AND DESIGNATION OF LOCAL LANDMARKS AND DISTRICTS.
   (A)   Initiation of nomination.
      (1)   For landmarks and districts. Nomination of an area, property, structure, site or object for consideration and designation as a landmark or district shall be submitted to the Commission on a form prepared by the Commission, and may be initiated by any of the following:
         (a)   An owner of record of the area, property, structure, site or object being nominated;
         (b)   A member of the Commission;
         (c)   A simple majority of the Council; or
         (d)   A local, state or federal preservation organization.
      (2)   For interior landmarks. Nomination of an interior space (or portion thereof) of a structure for consideration and designation as an interior landmark shall be submitted to the Commission on a form prepared by the Commission; and provided that for nomination of an interior space (or portion thereof) of any single-family residential property, such nomination is initiated by, or concurred with in writing by, the beneficial or legal owner of such interior space may be initiated by any of the following:
         (a)   An owner of record of the area, property, structure, site or object being nominated;
         (b)   A member of the Commission;
         (c)   A simple majority of the Council; or
         (d)   A local, state or federal preservation organization.
   (B)   Notification of nomination and public hearing notice.
      (1)   Owners of record shall be notified, by regular mail, of the submission of a nomination form within ten business days of receipt of a complete application.
      (2)   (a)   The Commission shall schedule a public hearing on the nomination within 60 days following receipt of the completed nomination form.
         (b)   Notice of the time, place and purpose of such a hearing shall be given by the Commission not more 30 days nor less than 15 days prior thereto by the following methods:
            1.   By mailing of notification to each owner of record of a nominated landmark or interior landmark or owner of record of each property, structure, site or object in a nominated district; and
            2.   By publishing a notice in a newspaper of general circulation in the city.
   (C)   Hearing.
      (1)   The hearing shall be conducted in accordance with the rules of the Commission.
      (2)   The Commission shall consider all testimony or evidence relating to the designation criteria in § 155.05, from any person who makes written submissions or appears at the public hearing.
      (3)   The owner of any nominated landmark, interior landmark or of property, a structure, site or object within a nominated district, shall be allowed a reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in § 155.05.
   (D)   Recommendation by Commission.
      (1)   (a)   Within 60 days of the close of the public hearing, the Commission shall make a determination upon the evidence as to whether the nominated landmark, interior landmark or district does or does not meet the criteria for designation in § 155.05.
         (b)   If the Commission determines that the nominated landmark, interior landmark or district does meet the criteria for designation, the Commission shall forward a recommendation of approval to the Council.
         (c)   The recommendation shall be accompanied by a report detailing the findings of the Commission in support of the nomination and shall be transmitted to the Council within 60 days.
      (2)   If the Commission fails to make its recommendation within 60 days of the public hearing, or if the Commission finds that the nominated landmark, interior landmark or district does not meet the criteria for designation, the nomination process shall end.
      (3)   If the Commission fails to make its recommendation within 60 days of the public hearing, or if the Commission votes not to recommend a proposed designation to the Council, the Commission may not reconsider the proposed designation, except as provided in division (F) below, for a period of two years from the date of Commission action or the close of the public hearing, whichever is applicable.
   (E)   Designation by Council.
      (1)   The Council shall not act upon a proposed landmark, interior landmark or district until it has received a written report and recommendation of approval from the Commission.
      (2)   In reaching its decision, the Council shall review the evidence and testimony presented to the Commission.
      (3)   The designation of a nominated landmark, interior landmark or district shall be by amendment to this chapter and shall require the concurrence of a majority of the members of the Council.
      (4)   Notice of the Council’s approval of the designation shall be provided by regular mail to the nominator and all property owners of record of the landmark, interior landmark or properties within the District.
      (5)   If the Council does not approve the recommended designation, the Commission may not reconsider the proposed designation, except as provided in division (F) below, for a period of two years from the date of the Council’s consideration.
   (F)   Reconsideration of previously nominated landmarks, interior landmark and districts. The Commission may reconsider previously nominated landmarks, interior landmark and districts within a period of two years of previous action that occurred in accordance with divisions (D) and (E) above only under the following conditions:
      (1)   Significant new information concerning the previously nominated landmark, interior landmark or district relating to the criteria for designation in § 155.05 is provided; and
      (2)   The Commission votes by an affirmative vote of at least four Commissioners to reconsider the previously nominated landmark, interior landmark or district.
(Prior Code, § 51-4)  (Ord. 2012-03, passed 2-6-2012)