137.07 DESIGNATION OF LANDMARKS AND LANDMARK DISTRICTS.

   (a)   The Landmark Commission may designate a place, building, structure, work of art or similar object in the City as a landmark or a Landmark District. The Commission, on its own initiative, or any owner of property, may apply to the Commission for designation of property owned by him as a landmark. In determining whether or not to designate such place, building, work of art or object as a landmark, the Commission shall consider 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 of Shaker Heights, State of Ohio, or the United States.

      (2)   Its location as a site of a significant historic 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 landmark.

   (b)   The Commission shall propose designations of any area, place, building, structure, work of art, or similar object in the City as a landmark or Landmark District, and thereupon take the following actions:

      (1)   The Commission shall advise the City Planning Commission of the proposed designation and secure from the City Planning Commission its recommendation with respect to the proposed designations, 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. Such recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Commission along with its recommendation concerning the proposed designation to Council. The Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation by the City Planning Commission.

      (2)   The Commission shall thereafter notify the owner of such property of the proposed designation. Whenever possible, the Commission shall secure the owner's written consent for submittal of the proposed designation, together with its recommendation and findings of fact to the City Council. In the event that such 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 such 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 involved, and the date, time and place of the scheduled public hearing.

      (3)   The Commission shall conduct the public hearing as provided by subsection (b)(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 (15) days after the initial hearing date and shall notify any owner or any person having a legal or equitable interest in such 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 such recommendations concerning the proposed designation to Council.

      (4)   Council shall give due consideration to the findings and recommendations of the 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 City 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 landmarks or Landmark Districts. Council may, in its discretion, hold public hearings on any such proposed designation, whether such designation is proposed only with the consent of the owner, or after public hearings before the Commission. Upon its conclusion, Council may designate by ordinance such areas, places, buildings, structures, works of art and other similar objects as a landmark or Landmark District.

      (5)   As soon as is reasonably possible, the Commission shall notify the City Building and Housing Department of the official designation. The Commission shall also file with the Recorder of Deeds of Cuyahoga County and the Assessor of Cuyahoga County a certified copy of the designation ordinance together with a notice briefly stating the fact of such designation and a summary of the effects such designation will have. The Commission, further, shall send by registered mail a certified copy of such ordinance and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in such property.

      (6)   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. 17-92. Enacted 11-13-17.)