(a) In considering the designation of any area, place, building, structure, work of art of similar object in the City as a landmark or landmark district, the Commission shall apply the following criteria with respect to such property:
(1) Its character, interest or value as part of the development, heritage or cultural characteristics of the City, State or the United States;
(2) Its location as a site of a significant historic event;
(3) Its identification with a person 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 distinguishing characteristics 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.
(b) If the Commission finds that any area, place, building, structure, work of art or similar object in the City meets the criteria in (a)(1) above, it shall propose its designation as a landmark or landmark district, and take the following actions:
(1) For designation of an area, place, building, structure, work of art or similar object as a landmark, the Landmarks Commission shall cause written notice of the proposed designation to be given by regular mail to the owner of record. Whenever possible, the Commission shall secure the owner’s written consent to submit the proposed designation, together with its recommendation and findings of fact, to Council. In the event that the owner refuses or declines to give written consent to the proposed designation, the Commission shall schedule a public hearing on the question of the proposed designation, and shall cause written notice to be given by regular mail to the owner of record. The Commission also 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 involved and the date, time and place of the scheduled public hearing.
(2) For designation of an area as a Landmark District, the Landmarks Commission shall schedule a public hearing on the question of the proposed designation, and shall cause written notice of the hearing and the proposed designation to be given by regular mail to the owners of record of the property in the proposed district. The Commission also 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 involved and the date, time and place of the scheduled public hearing.
(3) The Commission shall conduct the public hearings described in divisions (b)(1) and (b)(2) of this section and 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 or she represents.
(4) The Commission shall make a determination with respect to the proposed designation in writing at its next meeting after the initial hearing date. The Commission shall set forth in its recommendation the findings of fact that constitute the basis for its decision and shall transmit the recommendation to Council.
(5) The Council may designate by ordinance the areas, places, buildings, structures, works of art and other similar objects as a landmark or landmark district. Council may, in its discretion, hold public hearings on any proposed designation, whether designation is proposed only with the consent of the owner, or after public hearings before the Commission. Before passage, the ordinance designating an area, place, building, structure, work of art or similar object in the City as a landmark or landmark district shall be submitted to the Planning Commission for report and recommendation.
(6) As soon as is reasonably possible after passage of an ordinance designating an area, place, building, structure, work of art or similar object in the City as a landmark or landmark district, the Commission shall notify the Department of Building and Housing of the official designation.
(7) For designation of an area, place, building, structure, work of art of similar object in the City as a landmark, the Commission shall file with the County Recorder a affidavit briefly stating the fact of designation and the number and passage date of the ordinance making the designation. The Commission, further, shall send by certified mail a copy of the ordinance and a copy of the affidavit filed with the County Recorder to the owner of record.
(8) For areas designated as a landmark district, the designation shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.
(9) Notwithstanding any provision of this chapter, Council may rescind the designation of any area, place, building, structure, work of art or similar object as a landmark or landmark district by ordinance. Passage of such an ordinance 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.
(Ord. No. 1281-06. Passed 12-11-06, eff. 12-15-06)