183.09 DESIGNATION OF LANDMARK DISTRICT OR LISTED PROPERTY.
(a) The Landmark Commission may designate a place, building(s), structure(s), archaeological site, work of art or similar object in the City as a historical listed property and/or District. The Landmark Commission (on its own initiative) or any owner of property may apply to the Landmark Commission for designation of property or fractional part of property owned by him as a historical listed property. In determining whether or not to designate such place, building, structure, archaeological site, work of art or object as a historical listed property, the Commission shall consider the following criteria with respect to such item:
(1) Its character, interest or value as part of the development, heritage or cultural characteristics of the City of Aurora, the State of Ohio or the United States.
(2) Its location as a site of a significant historic or archaeological event.
(3) Its identification with a person or persons who significantly contributed to the culture and development of the City.
(4) Its exemplification of the cultural, economic, social or historic heritage of the City.
(5) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.
(6) Its embodiment of a distinguishing characteristic of an architectural type or specimen.
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the City.
(8) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.
(9) Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.
(10) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City.
(11) Such other individual characteristics as shall be relevant to its designation as a historical listed property.
(b) The Commission shall propose and/or review City designations of any area, place, building, structure, archaeological site, work of art or similar object in the City as listed property or Landmark District and thereupon take the following action:
(1) The Commission shall advise the Planning Commission of any proposal to list a property and secure from the Planning Commission its recommendation with respect to the proposal, its opinion as to the effect of the proposed designation upon the surrounding neighborhood and its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed listing. Such recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Landmark Commission along with its recommendation concerning the proposed listing to Council. The Landmark Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendations by the Planning Commission. The Landmark Commission must refer all matters that pertain to zoning regulations and land use to the Planning Commission for its report and recommendation prior to submission to Council for final decision.
(2) The Landmark Commission shall thereafter notify the owner of such property of the proposal to list their property or designate a Landmark District which encompasses their property. Whenever possible, the Commission shall secure the owner's written consent for submittal of the proposed designation, together with its recommendations and findings of fact to Council. If a site is nominated for listing on the National Register or in the event that the owner refuses or declines to give his written consent to the proposed designation, the Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time and place and causing written notice to be given to the owner or any person having a legal or equitable interest in the property being proposed for designation. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property or item involved, and the date, time and place of the scheduled public hearing.
(3) The Landmark Commission shall conduct the public hearing as provided by paragraph (2) hereof, and shall provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Commission may adopt for the purpose of governing the proceedings of the hearings. Each speaker shall be fully identified as to name, address and the interests which he represents. The Commission shall make a determination with respect to the proposed designation in writing within fifteen days after the initial hearing date and shall notify any owner or any person having a legal or equitable interest in the property, as well as such other interested parties as may request a copy thereof. The Commission shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit the recommendation concerning the proposed designation to Council.
(4) Council shall give due consideration to the findings and recommendations of the Landmark Commission, as well as such views as may have been expressed by persons participating in the hearing before the Landmark Commission, in addition to the recommendation of the Planning Commission, in making its determination with respect to the proposed designation of any areas, places, buildings, structures, works of art and other similar objects as listed landmarks or Landmark Districts. Council may, at its discretion, hold public hearings on any such proposed designation whether the designation is proposed only with the consent of the owner or after public hearings before the Commission. Upon its conclusion, Council may designate such areas, places, buildings, structures, works of art and other similar objects as a historical listed property or a Landmark District.
(5) The Landmark Commission on its own accord may remove from its listing of historical structures and sites any structure or site which has been irreversibly altered from its original nominated and recorded state.
(6) As soon as is reasonably possible, the Landmark Commission shall notify the Building Inspector of the official designation. The Commission shall also file with the Recorder of Deeds of Portage County and the Assessor of Portage County a certified copy of the listing together with a notice briefly stating the fact of the designation and a summary of the effects the designation will have. The Commission shall send by registered mail a certified copy of the listing and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in the property.
(7) Notwithstanding any provision of this chapter, Council may rescind the designation only after causing a public hearing outlined in paragraph (3) of any area, place, building, structure, work of art or similar object as a listed landmark or Landmark District. Such recession shall relieve the owner of such area, place, building, structure, work of art or similar object from any duties or penalties contained in this chapter.
(c) National Register Process. In accordance with the National Historic Preservation Amendments Act of 1980, the Landmark Commission shall submit a report to the State Preservation Office regarding the eligibility of each property or District proposed for nomination to the National Register within the City. This report shall include the recommendation of the Landmark Commission and the Mayor. A copy of the report prepared by the Commission for OHPO shall be made available for public inspection.
The Landmark Commission will be involved in the National Register process in the following manner:
(1) The OHPO will forward a copy of completed National Register nominations with a staff review sheet to the Commission for all properties within the City prior to the preliminary review of the nomination unless the Commission itself has initiated or reviewed the nomination prior to submission to the OHPO.
(2) Following the initial review by Ohio Historic Site Preservation Advisory Board (OHSPAB), the State Review Board, and prior to the final review of the nomination, the Commission shall inform the OHPO and the property owner(s) as to their opinion regarding the eligibility of the property. If the Landmark Commission and the Mayor do not agree, both opinions shall be forwarded to the OHPO.
(3) If both the Commission and the Mayor recommend that a property not be nominated, the OHPO will so inform the property owner(s), the State Review Board, and the property will not be nominated unless an appeal is filed with the State Historical Preservation Officer under the regulations established for the appeals process which is outlined in 36 CFR (Code of Federal Regulations), Part 60.
(4) If either or both the Commission and the Mayor agree that the property should be nominated, the nomination will be scheduled for final review by the Ohio Historic Site Preservation Advisory Board. If no report is submitted, the nomination will be reviewed within sixty days. The opinion or opinions of the Commission and the Mayor will be presented to OHSPAB for its consideration.
(5) The Ohio Historic Site Preservation Advisory Board after considering all opinions shall make its recommendation to the State Historic Preservation Officer. Either the Commission or the Mayor may appeal the final decision of the OHPO under the aforementioned appeals procedure.
In order to expedite the nomination process, the Landmark Commission may elect to send a supporting letter with the nomination when it is first submitted to OHPO. The letter should be signed by both the Mayor and the authorized representative of the Commission. The letter may be accompanied by a formal report, but should, at the least, clearly state that in their opinion the property meets the National Register criteria (including reference to specific criteria), and that the letter is their report on the property. Public participation requirements still apply.
(Ord. 1987-22. Passed 4-27-87.)