The Commission may, on its own motion, designate
a building, structure, or site as a landmark or landmark site, in
accordance with the procedures set forth in this article.
Prior to designation of a building, structure, or site as a landmark by the Commission, the Commission shall notify the owner of the property by registered mail, return receipt requested, that such designation is contemplated and enclose with such notice a copy of this chapter. Such notice shall specifically reference this Article IV and shall request the owner to indicate consent to such designation by signing and returning the form of consent enclosed with the notice. Such notice shall further indicate that if the owner objects to such designation or desires further information, the owner should return the form enclosed with the notice, which requests a meeting of the Commission with the owner of the proposed landmark or his representative, within 30 days from receipt of such notice.
A.
Designation may not proceed unless:
(1)
The owner signs and returns the form of consent;
(2)
The receipt for registered mail, signed by the owner,
is returned to the Commission and the owner fails to contact the Commission
within 30 days thereafter of his objection to the designation and
his desire to meet with the Commission; or
(3)
A representative of the Commission personally meets
with all owners of the property who request or consent to such a meeting
and fully explains all aspects and effects designation of the property
as a landmark will have.
B.
If any one of the above three conditions occurs, designation
may proceed even though one or all of the owners either object or
refuse to consent.
A.
In reaching a decision, the Commission shall consider
all factors relevant to the purpose of this chapter, including but
not limited to the special character, ambience, historic significance,
aesthetic value and uniqueness of the architectural design of the
proposed landmark or landmark site.
B.
The Commission may designate properties only if they meet the definition of "landmark" set forth in § 80-201 and the criteria set forth therein. In rendering its decision, the Commission shall consider the testimony, documentary evidence, and recommendations offered by the owner(s), the Architectural Board of Review, and other interested persons, and such other opinions, evidence and considerations as may have been received, particularly those which reflect the historic, architectural or cultural importance of the proposed landmark or landmark site.
C.
The Commission may designate an individual building,
structure, site, or property as a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the exterior distinguishing features and
characteristics representative of an architectural style;
(4)
Is a structure created from blueprints, plans or kits
supplied by companies such as Sears Roebuck and Montgomery Ward;
(5)
Is the work of an architect, designer, or builder
of local or regional importance or whose work has significantly influenced
an age;
(6)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood; or
(7)
Was constructed prior to 1900.
In determining whether to approve or disapprove
a proposed designation, the Commission shall consider only the exterior
features of the building or structure which are visible from a public
street, other rights-of-way, or parks, and shall have no jurisdiction
to consider changes to interior walls, arrangements, structures or
spaces or other changes that are not visible from a public street,
right-of-way or park unless they are open to the public.
A.
Within 45 days after the completion of the proceedings required by § 80-403, above, the Commission shall make its decision to deny or recommend approval of the application. The Commission shall furnish a written report of its findings and decision on the proposed designation and shall include in such report a full record of its findings and conclusions, including an explanation of how the proposed landmark satisfied and complied with or failed to satisfy and comply with the criteria set forth in § 80-404, above.
B.
Where the Commission's decision recommends designation
of the building, structure or site as a landmark, the decision shall
indicate why the landmark is important, and shall provide guidelines
informing the property owner how designation will restrict the maintenance,
repair, modification, development or demolition of the designated
landmark.
Except as provided in Article VIII, no obligation or responsibility shall be created or imposed on the owner of a designated landmark as a result of such designation, nor shall a landmark designation in any way restrict the use, development or modification of the premises by the owner.
Nothing contained in this article shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature on premises designated as a landmark which does not involve
a significant change in design, material or the outward appearance
thereof.
