A public hearing before the Commission and a signed certificate of appropriateness shall be required to remove a landmark from the Local Landmark Register.
(A) An application to remove a landmark from the Local Landmark Register shall not be considered for one year after the date of decision for the denial of an application for the relocation or demolition of the same landmark under § 156.10(E).
(B) Landmarks concurrently listed in the Local Landmark Register and National Register will be considered for removal from the Local Landmark Register only after the landmark is removed from the National Register and the SHPO has provided written evidence of the removal to the Historic Preservation Officer.
(C) Any individual or group, including the Commission acting on its own initiative, may initiate the removal of a landmark or individual property within a historic district from the Local Landmark Register by submitting a complete application to the Historic Preservation Officer.
(D) The Historic Preservation Officer shall establish standards for a complete application for the removal of a landmark from the Local Landmark Register. Upon acceptance of a complete application, the Historic Preservation Officer shall schedule a public hearing pursuant to applicable local and state laws.
(E) In order to approve an application for the removal of a landmark from the Local Landmark Register the Commission must find the following:
(1) The landmark has ceased to meet the criteria for listing in the Local Landmark Register because the qualities which caused it to be originally listed have been lost or destroyed; and/or
(2) The property owner at the time the property was added to the Local Landmark Register did not provide written permission for such action as required under § 156.09.
(F) Landmarks accidentally destroyed by flood, fire, or other natural or accidental act or demolished under the provisions of § 156.10 and meeting the definition of “demolished” as defined in this chapter may be removed administratively from the Local Landmark Register by the Historic Preservation Officer, upon approval of the Commission. Notice of this action and written evidence documenting the demolition of the landmark shall be provided to the Commission at their next regular meeting. This same documentation shall be provided to the SHPO. If a landmark is also listed in the National Register, the Commission shall request that the SHPO remove the property from the National Register if not requiring the owner to do so under § 156.10(E)(5).
(G) Upon removing a landmark from the Local Landmark Register, the Historic Preservation Officer shall post a legal notice in a local newspaper of general circulation and in two public locations within the community declaring a public hearing in regards to the request to remove, the criteria under which the removal was approved, and the historic significance of the property.
(Ord. 526, passed 6-11-2012)