The Review Commission shall notify the owner of any proposal to list his property. Whenever possible, the Review Commission shall secure the owner's written consent for the proposed designation and upon receipt of such consent the property shall be listed upon favorable recommendation by the Review Commission to the Planning Commission, and upon review and recommendation by the Planning Commission to Council and upon approval by Council after a public hearing by Council.
In the event that such owner shall refuse or decline to give his written consent to the proposed designation, and the Review Commission feels it is of considerable importance to the community that the property be listed, the following procedure shall be followed:
(a) The Review Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any person having a legal or equitable interest in the property being proposed to designation. The Review 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 public hearing.
(b) The Review Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within fifteen days after the hearing, the Review Commission shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation to the Planning Commission.
(c) The Planning Commission shall within thirty days of its receipt of the recommendations and findings of fact by the Review Board review the same and submit a recommendation to Council along with the recommendation and findings of fact of the Review Board.
(d) Council shall give due consideration to the findings and recommendations of the Review Commission, as well as such views as may have been expressed by persons participating in the hearing before the Review Commission, in addition to the recommendation of the City Planning Commission, in making its determinations with respect to the proposed designation of any areas, signs, places, buildings, structures, works of art and other similar objects as listed properties. Council shall hold a public hearing on any such proposed designation. After a public hearing, Council may designate such areas, places, buildings, structures, works of art and other similar objects as a listed property.
(e) After the decision by Council, the Review Commission shall notify any owner or person having a legal or equitable interest in such property of the decision by Council.
In the case of historic district, the property owners shall be notified of the proposal to designate such district. If more than fifty percent (50%) of the owners of buildings in such district indicate in writing their desire not to have their buildings included, then the area shall not be designated unless the procedures as set forth in this section are followed. If greater than fifty percent (50%) of the owners provide written consent for the proposed designation then the district may be established by Council, after a public hearing.
(Ord. 2012-4. Passed 1-26-12.)