(a) The Landmarks Commission is hereby created which shall consist of seven (7) members serving terms of four (4) years each. Members shall be appointed by the Mayor and approved by Council. In the case of a vacancy, the Mayor shall appoint and Council shall approve a replacement commissioner who shall serve the balance of the vacated term. All potential members nominated shall have demonstrated an interest, experience, or knowledge in historic preservation. At least five (5) members shall be residents of the Municipality. The remaining two (2) members shall be residents or property-owners within the Municipality. Whenever possible, the appointments should be made so the following qualifications are represented by the total membership of the Landmarks Commission:
(1) Four (4) resident/owners of property within the Old Town Overlay.
(2) One (1) owner/manager of a commercial/ industrial business within the Municipality.
(3) At least four (4) preservation-related professional members to the extent such professionals are available in the Community This shall include the professions of architecture, architectural history, history, archeology, urban planning, landscape architecture, art design, law, education, real estate, and historic preservation or related disciplines.
(b) Meetings.
(1) The Landmarks Commission shall hold regular meetings as determined by the Commission' s Rules.
(2) An organizational meeting shall be held each January at which time the following officers shall be elected: chairperson; vice chairperson; secretary.
(3) A Special Meeting of the Landmarks Commission can be called at the request of the Mayor or Landmarks Commission chairperson or upon written notice by two (2) or more of its members; in all cases such request or notice shall be given at least twenty-four (24) hours prior to the meeting time.
(4) All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to Council. Nothing in this Code shall prevent the Landmarks Commission from granting a continuance of a public hearing.
(c) Procedure. Four (4) members constitute a quorum. The Landmarks Commission shall act by resolution passed by the vote of a majority of the members of the Landmarks Commission. The chairperson, or in his/her absence the vice-chairperson, shall administer oaths and compel the attendance of witnesses. The Landmarks Commission's secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Landmarks Commission's examinations and other official actions, all of which are to be filed in the Municipal Building and are public record. All meetings shall be open to the public.
(d) Duties. The primary duty of the Landmarks Commission shall be to consider and take action on applications for Certificates of Appropriateness for properties within the Historic District and Preservation District, in conformance with the provisions of this chapter, Section 1175.01 (Old Town Overlay District), and the Canal Winchester Old Town Guidelines. In the performance of its duties, the Landmarks Commission may procure outside consultants for the purpose of obtaining specific expertise. The Canal Winchester Historical Society shall assist the Landmarks Commission in the performance of duties. In addition, the Landmarks Commission shall have the following duties:
(1) Cause or assist in conducting continuing survey(s) of cultural resources within the Municipality, according to guidelines established by the Ohio Historic Preservation Office.
(2) Make recommendations for designation of local landmarks, Historic Districts, and the Preservation District pursuant to the provisions of Section 1139.02(e).
(3) Advise other officials and municipal departments regarding protection of local cultural resources.
(4) Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(5) Work toward the continuing education of citizens regarding historic preservation issues and concerns.
(6) Review and recommend all proposed National Register Nominations for properties within Canal Winchester.
(7) Conduct or encourage Landmarks Commission members to attend educational sessions at least once a year, or in-depth consultation with the Ohio Historical Preservation Office, pertaining to work or functions of the Landmarks Commission, or historic preservation issues.
(8) Provide a recommendation to the Planning and Zoning Commission prior to the review of any variances to Section 1175.01.
(e) Designation of Landmarks and Historic Districts.
(1) There are existing on the date of adopting this chapter, Landmarks, Historic Districts, and a Preservation District that have been previously designated. The provisions of this section shall not affect such past designations.
(2) Council may designate specific properties as Landmarks, portions of the Municipality as Historic Districts, or portions of the Municipality as the Preservation District. Such designations shall occur after receiving recommendations from the Landmarks Commission. Prior to designation, Council shall notify property owners of the proposed district(s) as appearing on the Franklin and/or Fairfield County Auditor's current tax list, and hold a public hearing. Notification of such hearing shall be published at least ten (10) days in advance of such hearing, in a paper of general circulation in the Municipality.
(3) Within thirty (30) days following such hearing, Council shall take action on the designation. In acting on such designation, Council shall consider the recommendations of the Landmarks Commission and Canal Winchester Area Historical Society, the public hearing, and shall find that at least two of the following criteria apply:
A. The property is included in the National Register of Historic Places.
B. The property or area possesses a unique location or singular physical characteristic representing an established visual feature of a neighborhood, community of Canal Winchester.
C. The character, interest or value of the property is part of the development or heritage of Canal Winchester, State of Ohio, or United States.
D. The property is an example of the cultural, economic, social, archaeological or historic heritage of Canal Winchester.
E. The property or area relates directly to other distinctive areas or properties which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.
(Ord. 17-12. Passed 5-7-12.)
(f) The City shall cause a notice to be provided, by regular mail, to each property in the Old Town Overlay District, or on which any designated local landmark subject to the Landmarks Commission jurisdiction is located. The notice shall be provided not less than once per calendar year, and shall include a statement that no construction, reconstruction, exterior alteration, or demolition shall be made without first obtaining a Certificate of Appropriateness from the Landmarks Commission. Failure of a person to receive the notice shall not excuse the requirements of this Section or of Section 1175.01 of the Codified Ordinances.
(Ord. 22-028. Passed 9-6-22.)