A. Application for Designation. The procedure for designation of a landmark shall be initiated only upon the filing of a written application by the owner(s) of the proposed landmark with the Director. An application for designation of a landmark may be filed only by the owner(s) of the property proposed to be designated. The owner(s) may withdraw an application at any time.
B. Contents of Application. Any owner application for landmark designation shall include at least the following information:
1. The name(s), address(es) and telephone number(s) of the property owner(s) and the written consent of the owner(s) to such designation;
2. The address(es), legal description, real estate index number(s), and most recent plat of survey of the property. If the property has no address, then a description of the general location of the property;
3. A written statement describing the building, structure, object or site and setting forth reasons in support of the proposed designation, such reasons including but not limited to one or more of the criteria listed in Section 15.64.030(A) of this chapter;
4. An evaluation of the building, structure, property, object or site pursuant to Section 15.64.030(B) of this chapter;
5. A written statement describing the buildings, structures or properties adjacent to or across from the subject building, structure, object or site.
C. Schedule and Notification of Public Hearing. Upon receipt by the Director of a completed application for designation the Commission shall promptly schedule a hearing on the application by setting a reasonable time, date and place for such hearing. Written notice of the time, date, place and purpose of the hearing shall be sent by certified mail to the property owner(s) and the owner(s) of properties contiguous to and across from the property that is the subject of the application not less than fifteen (15) days prior to the scheduled hearing.
D. Public Hearing. At the hearing, the Commission shall afford all persons and organizations present an opportunity reasonably to present oral or written testimony pertaining to the application. The Commission may adjourn or continue the hearing to another specified time, date and place without further public notice.
E. Commission Consideration, Determination, Recommendation and Report. Following receipt of testimony at the hearing or at its next meeting, the Commission shall make its determination and recommendation to the Village Council that, based upon the evidence received at the public hearing, the subject building, structure, object or site does or does not meet the criteria for designation prescribed in this chapter. The determination and recommendation shall be accompanied by a report which shall contain the rationale for recommending either approval or denial of the application for designation. The report shall include findings as to each of the five elements required by Section 15.64.040(B) of this chapter to be contained in the application. The report may also include an explanation or a significant feature or features of the building, structure, object or site that should be preserved and protected. In addition the report may include any other information or commentary that the Commission may deem pertinent to the determination or recommendation.
F. Village Council Consideration and Designation. The Village Council, upon a recommendation from the Commission pursuant to the application of the owner(s) that a landmark be designated, shall review the report and recommendation of the Commission. The Village Council shall take one of the following actions: (1) designate the landmark by ordinance; (2) refer the report and recommendation back to the Commission with suggestions for revisions and stating its reasons for such action; or (3) deny designation of the landmark.
G. Notice of Designation. Prompt notice of designation shall be sent by certified mail to the owner(s) of the designated landmark. The notice shall advise that alterations to such designated landmark will require comment as prescribed in this chapter.
H. Appeals. Denial of landmark designation by the Village Council shall be subject to reconsideration; provided that, the applicant shall file a written request with the Village President for reconsideration within thirty (30) days following denial and present substantial new evidence or information pertaining to the application. If the Village President determines that substantial new evidence or information has been presented a reconsideration by the Village Council shall be scheduled. If the Village President determines that substantial new evidence or information is lacking, the applicant shall so advised in writing and the denial of designation shall stand. When an application for designation of a landmark has been denied, no further applications involving the property shall be filed for a period of two years.
(Prior code § 20.04)