165.05 DESIGNATION OF LANDMARKS.
   (a)   A building or other structure may be designated by the Commission as a landmark if the Commission determines, on the basis of the evidence before it, that the building or other structure meets two or more of the following criteria:
      (1)   It has character, interest or value, as part of the development, heritage or cultural characteristics of the City, State or nation;
      (2)   It is the site of a historic event with an effect upon society;
      (3)   It is identified with a person or group of persons who had some influence on society; or
      (4)   It exemplifies the cultural, political, economic, social or historic heritage of the community.
   (b)    The Commission shall designate buildings or other structures as landmarks using the following procedure:
      (1)   A nomination for landmark designation may be made by the Commission members, the owner or any resident of the City. The nomination shall include a photograph, rationale and historical data.
      (2)   After receiving the nomination, the Commission shall vote to accept or reject the nomination for study and evaluation.
      (3)   The Chair of the Commission shall appoint member(s) to prepare a documented report on the nominee including a history, property description, site map, photograph(s) and eventual placement of the plaque.
      (4)    The complete report shall be presented to the Commission.
      (5)   The Commission shall notify the owner of record of the property of the nomination and of the owner's right to appear at a meeting to support or contest the proposed landmark designation of the property.
      (6)   The Commission shall, at a public meeting, receive evidentiary input from the owner on the issue of whether the owner's property should be designated as a landmark, thereby subjecting it to the regulations of this chapter.
      (7)   The Commission shall request the Planning and Design Commission provide a written statement concerning its recommendation as it relates to the master plan of the City.
      (8)   The Commission shall submit to Council its complete report on the nomination, including its recommendations, the Planning and Design Commission's statement, and the owner's input.
      (9)   After review of the Commission's report, the statement of the Planning and Design Commission, and the owner's input, at a public meeting, Council may designate by ordinance the nominated site as an official landmark of the City. If so approved, the Commission shall thereafter notify the Building Commissioner, the Planning and Design Commission and the owner of the designation of the property as a City landmark.
      (10)   After the designation has been finalized, the Commission shall present to the owner, an official landmark plaque for the property.
   (c)    Following designation of any building or structure as a landmark, the Commission shall have, in addition to its duties imposed by other provisions of this chapter, the following duties and responsibilities regarding the designation:
      (1)    The official landmark plaque shall remain the property of the City.
      (2)   Council shall have the right to rescind the designation of an official landmark by ordinance upon written application from the owner of a landmark site or the Commission.
      (3)   If any approved landmark loses its appropriateness, due to non-approved changes or failure to meet the standards of this chapter, the Commission may, with the approval of the Council, direct the owner to remove the landmark plaque and return the plaque to the City, or, if the building or structure is not plaqued, then refuse to plaque it in the future as a historic landmark for reasons of inappropriateness. Such removal of plaque, or refusal to plaque, shall in no way affect the application of the provisions of this chapter to any building or structure in the City.
         (Ord. 2018-96. Passed 11-20-18.)