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1103.01 PURPOSES.
   A.   The purposes of this chapter are to:
      1.   Safeguard the heritage of the City by preserving sites, structures and areas which reflect the City's architectural, cultural, social and archaeological heritage;
      2.   Preserve, stabilize and improve the unique architecture in landmark districts of the City;
      3.   Safeguard the architectural integrity of the City by preventing intrusions and alterations within designated areas and to listed properties that would be incompatible with the established character;
      4.   Facilitate reinvestment in historic areas;
      5.   Afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards;
      6.   Encourage development of vacant and incompatibly developed properties in accordance with the character of the designated areas and listed properties;
      7.   Strengthen the economy of the City;
      8.   Protect and enhance the City's attraction to prospective residents, tourists and visitors and to provide support and stimulus to business and industry;
      9.   Foster civic pride in the beauty and notable accomplishments of the past;
      10.   Act as a liaison on behalf of the City to further historic preservation and compatible redevelopment.
   B.   Elyria's historic architecture is an historic and economic asset. These regulations will help to protect these assets for the betterment of the community as a whole.
(Ord. 2017-26. Passed 3-6-17.)
1103.02 DEFINITIONS.
   As used in this chapter:
   A.   "Addition" means any act or process that changes one or more of the exterior architectural features of a building or structure by adding to, joining with or increasing the size or capacity of the building or structure.
   B.   "Alter" or "alteration" means any material change in external architectural features of any property, including, but not limited to, construction and reconstruction, which property lies within an Historic Preservation District or has been listed pursuant to this chapter, but does not include demolition.
   C.   "Certificate of approval" means approval given by the Commission for the issuance of a building permit(s) for alteration or demolition of structures, listed properties or structures or properties contained in a designated Landmark Preservation District.
   D.   "Change" means any alteration, demolition, removal or construction involving any property subject to the provisions of this chapter.
   E.   "Commission" means the Elyria Landmarks Commission.
   F.   "Demolish" or "demolition" means the razing or removal, in whole or in part, of any structure.
   G.   "External architectural feature" means the architectural treatment, in general arrangement, of such portion of the exterior of a structure as is designed to be exposed to public view, including, but not limited to, the kind and texture of the building material and the types of all windows, lights, signs and other fixtures appurtenant to such portion.
   H.   "Landmark Preservation District" means any area established by Council for the purpose of maintaining and fostering a distinctive historical, architectural, cultural or environmental character.
   I.   "Listed property" means any property which has special historical, aesthetic or architectural character, as part of the heritage, development or cultural characteristics of the City, State or United States, and which has been designated as a listed property pursuant to this chapter.
   J.   "Ohio Historical Inventory" means an accurate, continuing record of the architectural and historic properties of the State.
   K.   "Reconstruction" means the act or process of depicting, by means of new work, the form, features, and detailing of a non-surviving historic structure or landscape for the purposes of replicating its appearance at a specific time and in its historic location.
   L.   "Rehabilitation" means the act or process of making possible an efficient, compatible use for a historic structure or landscape through repair, alterations, and additions while preserving the portions or features which convey the historical, cultural, and architectural values.
   M.   "Restoration" means the act or process of accurately depicting the form, features, and character of an existing historic structure, landscape, or object as it appeared at a particular period of time, by removing modern additions and replacing lost portions of historic fabric, paint, or other elements.
   N.   "Structure" means any building, facade or fence, and shall be construed as if followed by the words "or part thereof".
(Ord. 2017-26. Passed 3-6-17.)
1103.03 ESTABLISHMENT AND MEMBERSHIP OF ELYRIA LANDMARKS PRESERVATION COMMISSION.
   A.   There is hereby established the Elyria Landmarks Preservation Commission, to consist of seven members who shall be qualified electors of the City, none of whom shall hold any elected public office or be employed by the local, State or Federal government.
   B.   The Commission members shall be appointed by the Mayor. Members shall serve for terms of three years, except that one original appointee shall serve for one year and two original appointees shall serve for two years.
   C.   In addition to these seven members, the following shall serve as ex-officio members of the Landmarks Preservation Commission: the Community Development Director, the Chief Building Official, a member of the Planning Commission (chosen by the Planning Commission) and others as determined by the Landmarks Preservation Commission.
   D.   The Mayor shall fill any vacancy by appointment for the remainder of the unexpired term. Such vacancy shall be filled within sixty days after the vacancy occurs.
   E.   All members appointed to the Commission shall have a demonstrated special interest, experience or knowledge in history, architecture or related disciplines. At least two of the members shall be a preservation related professional, such as an architect, archaeologist, landscape architect, historian or planner or in a related field.
   F.   Upon appointment, the Commission shall convene and select a Chairperson and a Vice-Chairperson. The Commission shall appoint a Commission Secretary who may be an employee of the City. The Commission shall adopt operating procedures and/or by-laws which shall include, in part, the procedure for designation of listed properties and Landmark Preservation Districts. Such designation procedure shall be modeled after guidelines developed by the U.S. Department of the Interior relating to historic preservation.
   G.   The Commission shall establish its own schedule of meeting times and places, and shall meet at least four times a year.
   H.   All commission meetings shall comply with Federal and State laws relating to public meetings and meeting notices.
   I.   Commission members shall be subject to the provisions of the Ohio Revised Code, City Charter and these Codified Ordinances regarding conflict of interest and ethics.
   J.   The Commission shall prepare or adopt a written report at least once a year, for submission to the Mayor and Council, which summarizes Commission activities, cases, special projects and recommendations.
   K.   All Commission documents and materials shall be public records as defined by the Ohio Revised Code.
(Ord. 2017-26. Passed 3-6-17.)
1103.04 RESPONSIBILITIES OF COMMISSION.
   The Commission shall have the following powers and responsibilities:
   A.   To initiate and conduct an ongoing process for the survey of cultural resources within the City in accordance with the standards and guidelines established by the Ohio Historic Preservation Office;
   B.   To keep a register of listed properties and designated Landmark Preservation Districts and to provide the City Engineer and the Building Department with a current copy. Said register shall be maintained at Elyria City Hall. The Ohio Historic Inventory Form shall be used to value properties for determination as a listed or contributing property;
   C.   To recommend to Council legislation for designation of individual properties and historic districts that would serve to beautify, protect, preserve, restore and develop the City or that would involve revisions to this chapter;
   D.   To review all proposals for National Register nominations;
   E.   To work to erect historic markers to denote landmark buildings and areas in the City;
   F.   To prepare design guidelines for renovations to existing historic buildings and to non-historic buildings within designated districts and for new construction within designated districts;
   G.   To review and act on all applications for certificates of approval as required and to establish rules and procedures for this action;
   H.   To act as an advisor to public officials and private individuals regarding the protection of local cultural resources;
   I.   To work for the continuing education of the residents with respect to the architectural and historic heritage of the City;
   J.   To study the problems and determine the needs of the City in restoring and preserving historic landmarks, areas and neighborhoods;
   K.   To work with developers, builders, and building owners to make them aware of this chapter and secure their cooperation with its provisions;
   L.   To employ technical experts as required to perform the Commission's duties as City finances and staff permit;
   M.   To recommend that the City make application for grants and funds from governmental and private entities; and
   N.   To do such other acts that are necessary and proper to perform those duties with which it is charged under this chapter.
(Ord. 2017-26. Passed 3-6-17.)
1103.05 CRITERIA FOR DESIGNATION OF LANDMARKS AND DISTRICTS.
   The criteria for evaluating and designating historic districts and sites in the City shall be guided by the National Register Criteria. The Elyria Landmarks Commission or any interested party may nominate the designation of historic sites or districts that maintain integrity of location, design, setting, materials, workmanship and association and that meet one or more of the following criteria:
   A.   That are associated with events that have made a significant contribution to Elyria, Lorain County, or Ohio History;
   B.   That are associated with the life of a person who made a significant contribution to the history of Elyria, Lorain County, or the State of Ohio;
   C.   That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a noted architect or builder; or
   D.   That have yielded or may be likely to yield information important in history or prehistory.
(Ord. 2017-26. Passed 3-6-17.)
1103.06 CERTIFICATES OF APPROVAL REQUIRED; EMERGENCIES.
   No person owning, renting or occupying a property which is designated as a listed property or which is part of or within a Landmark Preservation District shall make any alteration or perform any demolition without first obtaining a certificate of approval therefor from the Elyria Landmarks Preservation Commission. This section shall not prevent the City from acting to prevent immediate peril to its residents. In the event of fire or other emergency in which, in the judgement of the Safety Service Director, immediate action is required, permission to demolish is hereby granted. (Further guidance on emergency repairs is given to Elyria Landmarks Preservation Commission Rules and Regulations, Article VIII, 2.a.).
(Ord. 2017-26. Passed 3-6-17.)
1103.07 CERTIFICATE APPLICATIONS; ISSUANCE OR DENIAL; APPEALS.
   A.   The Commission Secretary shall notify the Building Department of all designations made pursuant to this chapter. The Building Department shall refer all applicants for building permits in areas so designated to the Elyria Landmarks Preservation Commission. A building permit for alteration or demolition shall not be issued unless a certificate of approval from the Commission has been obtained.
   B.   The Commission shall prepare an application form and a list of the procedures necessary for obtaining certificates of approval. Any application shall be reviewed within thirty days of receipt thereof or at the next regularly scheduled Commission meeting, whichever first occurs. The applicant shall be given written notice of the Commission meeting at which his or her application will be considered. A written notification of the Commission's decision will also be sent to each applicant by regular mail.
   C.   If the Commission finds that the proposed work will not adversely affect the building under the terms of this chapter, then a certificate of approval shall be issued. If the Commission finds that the proposed work will result in an adverse effect to the City under the terms of this chapter, and that the proposed work significantly violates the terms of the Commission's design guidelines, then a certificate of approval shall be denied. The Commission will make every attempt to work with the applicant to find an acceptable treatment.
   D.   When a certificate of approval is issued, a time period shall be specified during which the proposed work shall be completed. The time period shall be established by the Commission in its operating procedures based upon the type of work to be performed and a reasonable length of time for that type of work to be completed. In no case shall a certificate of approval be valid for more than eighteen months from date of issuance by the Commission.
   E.   Any decision of the Commission may be appealed to Council. A majority vote of Council is necessary to override a Commission ruling.
(Ord. 2017-26. Passed 3-6-17.)
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