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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.)
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.)
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.)
See Section 1127.99 of these Codified Ordinances for penalties for any violation of this chapter and for misdemeanor classifications.
(Ord. 2017-26. Passed 3-6-17.)