§ 1435-07-2-B. Report, Public Hearing and Decision  


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  • The procedure for the consideration of an application for the designation of a Historic Landmark, Historic District or Historic Site is as follows:

    (a) Report. Within sixty (60) days of the receipt of a completed designation application, the Urban Conservator has the duty to prepare and send to the Historic Conservation Board a report and proposed conservation guidelines for the Historic Landmark, Historic District or Historic Site and a proposed boundary map for any Historic District. For a proposed Historic District, the Urban Conservator shall prepare and send to the Historic Conservation Board a list of all structures within the proposed Historic District that the Urban Conservator considers to be Non-Contributing Structures. Not later than thirty (30) days after receipt of the Urban Conservator's report and proposed conservation guidelines, the Historic Conservation Board shall schedule a public hearing on the proposed designation.

    (b) Historic Conservation Board. After a public hearing on the proposed designation, the Historic Conservation Board has the duty to decide whether to recommend designation of the proposed Historic Landmark, Historic District or Historic Site and forward its decision, whether favorable or not, along with the proposed conservation guidelines to the City Planning Commission.

    (c) City Planning Commission. Within thirty (30) days of the transmittal of the decision and recommendation of the Historic Conservation Board, the City Planning Commission shall hold a public hearing to determine whether to follow the recommendation of the Historic Conservation Board. In making such determination, the City Planning Commission shall consider all of the following factors:

    (1) The relationship of the proposed designation to the comprehensive plans of the city and of the community in which the proposed Historic Landmark, Historic District or Historic Site is located; and

    (2) The effect of the proposed designation on the surrounding areas and economic development plans of the city; and

    (3) Such other planning and historic preservation considerations as may be relevant to the proposed designation.

    After a public hearing on the proposed designation and conservation guidelines, the City Planning Commission has the duty to decide whether to approve or disapprove the designation and forward its decision, whether favorable or not, along with the conservation guidelines to Council.

    (d) Council. Upon receipt of the decision of the City Planning Commission, Council shall vote to ordain or overrule the City Planning Commission's decision. A simple majority of the members elected to Council is required to ordain a designation; provided, however, if the City Planning Commission disapproves the designation, a two-thirds majority vote of Council is required to overrule the City Planning Commission's decision.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)