2.48.060 Designation procedure.
A. After the conclusion of the required public hearing, the Board may recommend approval, denial, amendment or termination of the designation of a historic resource as a landmark or community landmark. At the hearing the Board shall receive evidence and hear argument only on the issues of (1) whether the historic resource meets the criteria for designation of landmark or community landmark as specified in this chapter and merits designation as a landmark or community landmark, and (2) the significant features of the landmark. The hearing may be continued from time to time at the discretion of the Board. In the event the hearing is continued, the Board may make a preliminary determination of significance if the Board determines, based on the record before it, that the historic resource is of significant value and likely to satisfy the criteria for designation set out in this chapter. Such preliminary determination shall be effective as of the date of the public hearing at which it is made. Where the Board makes a preliminary determination, it shall specify the boundaries of the nominated resource, the significant features thereof and such other description of the historic resource as it deems appropriate. Within five working days after the Board has made a preliminary determination, the Historic Preservation Officer shall file a written notice of such action with the City Manager and mail copies of the same to the person submitting the nomination and interested persons of record. Such notice shall include:
1. A copy of the Board’s preliminary determination;
2. A statement that while proceedings pursuant to this chapter are pending, or six months from the date of the notice, whichever is shorter, and thereafter if the designation is approved by the Board, the certificate of appropriateness procedures set out in this chapter, a copy of which shall be enclosed, shall apply to the described historic resource whether or not a building or other permit is required. The decision of the Board shall be made after the close of the public hearing or at the next regularly scheduled public meeting of the Board thereafter.
B. Whenever the Board recommends the designation of an historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written report which shall include:
1. The boundaries of the nominated resource and such other description of the resource sufficient to identify its ownership and location;
2. The significant features and such other information concerning the historic resource as the Board deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference to the criteria for designation set forth in this chapter;
4. A statement that no significant feature may be changed, whether or not a building or other permit is required, without first obtaining a certificate of appropriateness from the Board pursuant to the provisions of this chapter, a copy of which shall be included in the designation report. This subsection shall not apply to historic resources designated as community landmarks.
C. Whenever the Board rejects the nomination of an historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written decision including findings of fact and reasons supporting its determination that the criteria set forth in this chapter have not been met. If an historic resource has been nominated as a landmark and the Board designates such historic resource as a community landmark, such designation shall be treated as a rejection of the nomination for Lakewood landmark status and the foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent renominating any historic resource rejected under this subsection as a Lakewood landmark at a future time.
D. A copy of the Board’s recommendation shall be delivered or mailed to the owner, to interested persons of record and the City Manager within five working days after it is issued. Upon receipt by the City Manager of the Board’s recommendation that a nomination be approved, the recommendation shall also be set for consideration by the City Council no less than 30 and no later than 60 days after the date of the recommendation. The City Council shall be the final authority in approving a nomination.
E. If the City approves or amends a landmark designation, the provisions of this chapter shall apply as approved or amended. A copy of the Board’s designation report or designation amendment shall be filed with the appropriate City office together with a legal description of the designated resource and notification that the provisions of this chapter apply. If the City terminates the designation of an historic resource, the provisions of this chapter shall no longer apply to said historic resource. [Ord. 578 § 1, 2014; Ord. 251 § 1, 2000.]