(a) In considering the designation of any area, place, site, building, structure, work of art or similar object in the City of Salem as a landmark or preservation district, the Design Review Board shall apply 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, State or the United States;
(2) Its location as a site of a significant historic event;
(3) Its identification with a person 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 distinguishing characteristics 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 represents a significant architectural innovation;
(9) Its unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City.
(b) The Review Board shall propose landmark and preservation district legislation according to the following procedure:
(1) When a proposal to establish a preservation district or to designate an individual property or site as a landmark for protection is initiated by the Review Board, the Board shall cause the Housing, Planning and Zoning Officer to notify every property owner of an individual property or every property owner within the proposed district of the Board’s intent. The letter of intent shall contain notice of a public hearing conducted by the Board to obtain public comment on the site, landmark or preservation district. The notice also shall indicate that copies of all relevant ordinances and regulations pursuant to landmarks and preservation districts are available for review in the Housing, Zoning and Planning Office. The Housing, Planning and Zoning Officer shall no less than fifteen days before the hearing cause legal notice of the hearing to be published in a newspaper of general circulation indicating the nature of the public hearing, the property(ies) involved and the date, time and place of the public hearing.
(2) Within thirty days of the public hearing the Board shall forward the proposed designation and a summary of the public comments to the Planning Commission. The Commission shall offer its opinion and recommendation as to the effect of the designation on the surrounding neighborhood and its opinion and recommendation as to any planning considerations which might be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. Said recommendations shall be presented in writing by the Planning Commission to the Review Board within sixty days following the Commission’s receipt of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Review Board along with its recommendation concerning the proposed designation to City Council.
(3) The Review Board may make modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendations made by the public and Planning Commission. The Review Board shall make a determination in writing in respect to the proposed designation using the criteria identified in Section 1149.06(a) above within thirty days following receipt of the Planning Commissions recommendations.
(4) The Board shall cause the Housing, Planning and Zoning Officer to notify any owner(s) or any person having a legal or equitable interest in the property to be designated as a landmark or located within the proposed preservation district of the Board’s intention to submit the proposed landmark or preservation district to Council for approval. The Board shall secure the written consent of the property owner for inclusion of the property as a landmark or preservation district. The property owner shall notify the Board in writing of any objection to designation as a landmark or inclusion in a preservation district. If a property owner objects or refuses consent, the property shall not be designated a landmark or included in a preservation district.
(5) The Board shall forward its recommendation for designating the landmark or district, the record of the public hearing, the recommendation of the Planning Commission and any refusals of property owners to City Council.
(6) The City Council shall give due consideration to the findings and recommendations of the Review Board, as well as, such views as may have been expressed by persons participating in the public hearing, in addition the recommendation of the Planning Commission, in making its decision with respect to the proposed designated area, property or site as a landmark or a preservation district.
(7) After the decision by Council, the Review Board Housing, Planning and Zoning Officer shall notify in writing any owner or person having a legal or equitable interest in said property of the decision of Council. All affected city departments, boards, and commissions shall be notified by the Housing, Planning and Zoning Officer.
(8) The Review Board shall cause to be recorded in the office of the Columbiana County Recorder, a copy of each ordinance designating each preservation district or landmark. (Need a description of exactly how districts will be defined - All area inside a specific boundary or all addresses needs to include all buildings and property.)
(Ord. 970218-12. Passed 5-20-97.)