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(A) Initiation of request. Any person, organization or association may make written application on forms provided by the Commission requesting that an area, place, building, structure or object within the city be designated as a landmark site. The Commission may also initiate the designation of any area, place, building, structure, district or object within the city as a landmark site. The Commission after determining the preliminary boundaries for any proposed landmark site, shall set a time and place for a public hearing on the merits of designating the landmark site proposed. The boundaries of the landmark site finally designated may include less than the area established as the preliminary boundaries, but shall not include less than the area established as the preliminary boundaries, but shall not include more area without a new or continued public hearing for which separate notice is provided in accordance with this section.
(B) Notice required. The Commission shall provide notice of the public hearing in writing and by publication. The Commission shall mail by first class United States mail written notification to all owners of record of property within the preliminary boundaries of the area to be considered not less than 15, nor more than 30, days prior to the date of the public hearing and shall cause notice to be published once in a newspaper of general circulation within the city not less than 15 days prior to the date of the public hearing. Each such notice shall set forth the preliminary boundaries of the area under consideration, and the date, time and place of the public hearing. A copy of the notice of the public hearing shall also be given to the city’s Code Enforcement Official, the Community Development Director, Zoning Hearing Officer, the Chair of the Planning Commission and the City Council.
(C) Hearing; recommendation and final action. The public hearing shall be conducted by the Commission, and all interested persons shall be given an opportunity to be heard, in person, by counsel or by correspondence. The hearing may be continued without additional notice; provided that, the boundaries of the area recommended does not exceed the limits of the preliminary boundaries as set forth in the original notices. After the conclusion of testimony and within 35 days of the adjournment of the public hearing, the Commission shall make written recommendations to City Council. If the Commission recommends designation as a landmark site, the Council shall within 35 days of receiving the recommendation, either accept or reject the recommendations. If the recommendation is accepted, the City Council, by ordinance, shall designate the landmark site and establish its boundaries.
(D) Resubmittals. Applicants for designation which are not recommended by the Commission may be resubmitted not sooner than 180 days from the date of the Commission decision, where the applicant demonstrates that new, material changes exist or that additional, relevant information can be presented to the Commission. Upon such resubmittal, the Commission shall determine the sufficiency of the changes or additional information.
(1999 Code, § 151.30) (Ord. 1833, passed 4-15-1996; Ord. 3043, passed 2-5-2001; Ord. 3252, passed 5-17-2004)