§ 155.03 NOMINATION, CONSIDERATION, AND DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.
   (A)   Initiation of nomination of landmarks and historic districts. Nomination of an area, property, structure, site or object for consideration and designation as a landmark or historic district shall be submitted to the Planning and Zoning Commission on a form supplied by the Community Development Department, and may be initiated by any of the following:
      (1)   An owner of record of the area, property, structure, site or object being nominated;
      (2)   A majority of the Planning and Zoning Commission;
      (3)   A majority of the City Council; or
      (4)   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)   The Planning and Zoning Commission shall schedule a public hearing on the nomination within 60 days following receipt of the completed nomination form. Notice of the time, place, and purpose of such a hearing shall be given by the Planning and Zoning Commission not more 30 days nor less than 15 days prior thereto by the following methods:
         (a)   By mailing of notification to each owner of record of a nominated Landmark or owner of record of each property, structure, site or object in a nominated Historic District.
         (b) By publishing a notice in a newspaper of general circulation in the city.
   (C)   Hearing. The hearing shall be conducted in accordance with the rules of the Planning and Zoning Commission. The Planning and Zoning Commission shall consider all testimony or evidence relating to the designation criteria in § 155.04, from any person who makes written submissions or appears at the public hearing. The owner of any nominated landmark or of property, a structure, site or object within a nominated historic district, shall be allowed a reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in § 155.04.
   (D)   Recommendation by Planning and Zoning Commission.
      (1)   Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence as to whether the nominated landmark or historic district does or does not meet the criteria for designation in § 155.04. If the Planning and Zoning Commission determines that the nominated Landmark or Historic District meets the criteria for designation, the Planning and Zoning Commission shall forward a recommendation of approval to the City Council. The recommendation shall be accompanied by a report detailing the findings of the Planning and Zoning Commission in support of the nomination and shall be transmitted to the City Council within 60 days.
      (2)   If the Planning and Zoning Commission fails to make its recommendation within 60 days of the public hearing, or if the Planning and Zoning Commission finds that the nominated landmark or historic district does not meet the criteria for designation, the nomination process shall end.
      (3)   If the Planning and Zoning Commission fails to make its recommendation within 60 days of the public hearing, or if the Planning and Zoning Commission votes not to recommend a proposed designation to the City Council, the Planning and Zoning Commission may not reconsider the proposed designation, except as provided in § 155.03(F), for a period of two years from the date of the Planning and Zoning Commission action or the close of the public hearing, whichever is applicable.
   (E) Designation by City Council.
      (1)   The City Council shall not act upon a proposed landmark or historic district until it has received a written report and recommendation of approval from the Planning and Zoning Commission.
      (2)   In reaching its decision, the City Council shall review the evidence and testimony presented to the Planning and Zoning Commission.
      (3)   The designation of a nominated landmark or historic district shall be by ordinance and shall require the concurrence of a majority of the members of the City Council then holding office.
      (4)   Notice of the City Council's approval of the designation shall be provided by regular mail to the nominator and all property owners of record of the landmark or properties within the historic district.
      (5)   If the City Council does not approve the recommended designation, the Planning and Zoning Commission may not reconsider the proposed designation, except as provided in § 155.03(F), for a period of two years from the date of the City Council's consideration.
   (F)   Reconsideration of previously nominated landmarks and historic districts. The Planning and Zoning Commission may reconsider previously nominated Landmarks and Historic Districts within a period of two years of previous action that occurred in accordance with §§ 155.03(D) and 155.03(E) only under the following conditions:
      (1)   Significant new information concerning the previously nominated landmark or historic district relating to the criteria for designation in § 155.04 is provided, and
      (2)   The Planning and Zoning Commission votes by an affirmative vote of at least five commissioners to reconsider the previously nominated landmark or historic district.
(Ord. 13-22, passed 4-23-13; Am. Ord. 22-24, passed 8-23-22)