The Landmark Commission may adopt a resolution designating a site, building, structure, work of art or similar object in the City of Cleveland Heights as a Landmark or designate any grouping of such places or objects, or combination thereof, as a Historic District, by following the procedures set forth in this section. The Landmark Commission may act on its own initiative or pursuant to a request by an individual, group of individuals, or organization.
(a) Owner Notification. Notification shall be in accordance with Section 143.06(b).
(b) (EDITOR’S NOTE: Former subsection 143.08(b) was repealed by Ordinance 129- 2020, passed November 16, 2020.)
(c) Owner Consent. The Landmark Commission shall seek the consent of the owner or owners of all property included in the proposed designation. No such place, building, work of art, or similar object shall be designated a Landmark without the consent of the owner thereof. Greater than fifty percent (50%) of property owners within a proposed Historic District shall constitute consent to designation. Each individual parcel shall have a single owner vote.
(d) Landmark Commission Report and Recommendation. The Landmark Commission shall prepare or cause to be prepared a report and recommendation as to the property proposed to be designated as a Landmark or within a Historic District, including an explanation of the significance of the property or properties in relation to the designation criteria, a description of the property or properties with a list of contributing and non-contributing structures and sites, a history of the property or properties, photographic documentation, and a map or site plan showing the boundaries of the proposed Landmark or Historic District. If the Landmark Commission recommendation is to decline designation of the Landmark or Historic District, no further action shall be taken.
(e) Planning Commission recommendation. The Landmark Commission shall submit the report and recommendation to designate the Landmark or Historic District to the Planning Commission and secure a Planning Commission recommendation on the proposed designation, its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendations 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 designation. This recommendation shall become part of the official record concerning the proposed designation. The Landmark Commission may make such modifications concerning the proposed designation as it deems necessary in consideration of the Planning Commission's recommendation.
(f) Landmark Commission public hearing. Within forty-five (45) days after receiving the Planning Commission's recommendation, the Landmark Commission shall schedule a public hearing on the proposed designation, providing notice in accordance with Section 143.06(b)(1). The public hearing shall include a summary of the property or district's history, the Commission's rationale for designation, and an explanation of the effect of designation. The Landmark Commission shall conduct the public hearing and provide opportunity for all interested parties to express their opinions under such rules as the Landmark Commission may adopt for governing the hearings.
(g) Landmark Commission determination and Landmark/Historic District designation. After the required public hearing has been concluded, within sixty (60) days, the Landmark Commission shall then determine whether or not to designate the proposed site(s), building(s), structure(s), work(s) of art or similar object(s) as a Landmark or Historic District. The designation of a Landmark or Historic District becomes in full force and effect from the date the Landmark Commission adopts a resolution to designate the individual site, building, structure, work of art or similar object as a Landmark.
(h) Notification of designation. Within ten (10) days after the adoption of a resolution by the Landmark Commission designating a Landmark or Historic District, the Secretary of the Landmark Commission shall communicate notice of the designation in writing to the owner(s) of such property, other interested parties requesting information, City Council and the City Building Department. A certified copy of the designating resolution together with a notice briefly stating the fact of such designation and a summary of the effects of such designation shall be filed with the Recorder of Deeds of Cuyahoga County and shall be sent to property owners included in the designation.
(i) Removal of Landmark or Historic District Designation. The owner(s) of a Landmark or properties within a locally designated Historic District may petition the Landmark Commission to remove Landmark or Historic District status. In the case of a Historic District, at least a two-thirds majority of property owners, with each individual parcel having a single owner vote, must petition the Landmark Commission for designation removal. The Landmark Commission shall hold a public hearing to determine whether the property shall remain a Landmark or Historic District and shall provide notice of such hearing in accordance with Code section 143.06(b). The Commission shall take into account the reasons for initially designating the property or properties as a Landmark or Historic District, shall review the petition to rescind, and shall render a decision within ninety (90) days of receipt of the property owner(s)' written petition. After a final decision is rendered, the Landmark Secretary shall communicate notice in writing to the owner(s) of such property, and other interested parties requesting information, and the City Building Department. A resolution for removal of Landmark or Historic District designation shall be filed with the Recorder of Deeds of Cuyahoga County and shall be sent to property owners.
(j) All Landmarks designated prior to the effective date of this ordinance shall maintain Landmark status and abide by Chapter 143 of the Codified Ordinances.
(Ord. 11-2019. Passed 3-4-19.)