a. Historic Preservation Commission Public Hearing and Recommendation.

i. The Historic Preservation Commission shall hold a public hearing to consider the Historic Overlay (O-H) District or Historic Landmark designation. At the hearing, owners, interested parties and experts may testify and present documents for or against such designation, which will become part of the record of the proposed historic district. The burden of proof shall be upon the applicant.
ii. The Historic Preservation Commission may recommend the designation of a Historic Overlay (O-H) District or Historic Landmark designation if the Criteria for Designation of Historic Landmarks or Historic Overlay (O-H) District as described in D above are satisfied.
iii. The recommendation of the Historic Preservation Commission regarding the proposed Historic Overlay (O-H) District or Historic Landmark designation shall be forwarded to the Planning and Zoning Commission within forty-five (45) days of the date of the public hearing. Denials may be appealed directly to City Council in accordance with Section d below.

b. Planning and Zoning Commission Public Hearing and Recommendation. The Planning and Zoning Commission shall conduct a public hearing on the proposed Historic Overlay (O-H) District or Historic Landmark designation within forty-five (45) days of receipt of the recommendation of the Historic Preservation Commission. The Planning and Zoning Commission shall review the application to ensure that the recommended designation will not pose a conflict with the underlying land use zoning and shall forward its recommendation to City Council within forty-five (45) days of its hearing.

c. City Council Public Hearing and Decision.

i. The City Council shall schedule a public hearing on the joint recommendation from the Historic Preservation Commission and the Planning and Zoning Commission within forty-five (45) days of its receipt of the recommendation. Significance shall be considered only on the record made before the Historic Preservation Commission and the Planning and Zoning Commission.
ii. Upon the designation of a Historic Overlay (O-H) District or Historic Landmark, the City Council shall cause the designation to be recorded in the official public records of real property in Hays County, the tax records of the City, and the Hays County Appraisal District as well as the official zoning map of the City.
iii. Upon the designation of a building, site or structure as a Historic Landmark or Historic Overlay (O-H) District, the Historic Preservation Commission shall provide for a suitable sign or marker on or near the property, at the applicant’s expense, indicating that the property is so designated.

d. The applicant or any persons adversely affected by any determination of the Historic Preservation Commission may appeal the decision to City Council. Appeal requests shall be on forms as prescribed by the City and shall be filed with the Historic Preservation Officer within seven (7) days of the Historic Preservation Commission’s decision and scheduled for the next available regularly scheduled City Council meeting. The City Council shall conduct a public hearing. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission’s decision was arbitrary, capricious or illegal. The burden of proof shall be upon the applicant or any persons that requested the appeal.