All applications for designation of a city landmark must be made by, or with the written concurrence of, the owner of the nominated property. In considering the designation of any site, building, structure, object or work of art as a city landmark property, the Landmarks Consultant, Landmarks Commission and City Council shall review nominations or applications according to the following.
(A) Review Criteria. The following criteria shall apply to each property to qualify for designation. One or more of the following must apply to the property.
(1) It has character, interest, or value as part of the heritage of the city, the state, or the United States;
(2) It was the location of a significant historic event;
(3) It is identifiable with a person or persons who significantly contributed to the historic development of the city;
(4) It exemplifies the cultural, economic, social, archaeological or historic heritage of the city;
(5) It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) It is the embodiment of distinguishing architectural characteristics, type or specimen;
(7) It is identifiable as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) It is an embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural or technological innovation;
(9) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community, or the City;
(10) It has yielded, or is likely to yield information important to prehistoric or historic understanding.
(B) Public Hearing Required. Whenever the Landmarks Commission is to consider the designation of a listed landmark property, or a national register building, it shall hold a public hearing thereon and shall publish notice of such hearing in a newspaper of general circulation within the municipality once a week for two consecutive weeks on the same day of the week, the first of such publications to take place not less than 30 days prior to the public hearing.
(C) Landmarks Commission Action. The Landmarks Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within 30 days after the hearing, the Landmarks Commission shall set forth in its decision findings of fact which constitute the basis for its decision and shall transmit the decision concerning the proposed designation or listing to Council.
(D) Confirmation by City Council. Within 45 days of the receipt of the Landmarks Commission's decision, City Council shall review and consider legislation designating the landmark as recommended by the Landmarks Commission or as amended by Council.
(E) Decision Shown on Zoning Map. Upon the designation of a landmark, the Montgomery Zoning Map shall be revised to indicate by an appropriate symbol or device that the parcel so marked is subject to listed landmark designation, and the Clerk of the Council shall send a certified copy of the Resolution by registered mail to the record owner, and any person known to have a legal or equitable interest in the property.
(F) Designations. City Council may designate landmarks without limitation as to number or period when designation proceeds from an application for the same.
(G) Certificate of Approval Required. An owner or other person, having received written notice that a site is being considered for designation as a landmark, shall make no alterations to the site until the procedures for designation as a landmark as noted herein are completed.
(Ord. 5-2005, passed 3-23-05)