1212.04 LANDMARK COMMISSION.
A. Authority
The Landmark Commission is hereby created pursuant to the enabling authority granted under the Ohio Revised Code and the powers of the City under its Charter. The Landmark Commission has those powers enumerated in this Zoning Code.
B. Purpose and Intent
The purposes of the Landmark Commission are to recommend the designation of landmarks in the City pursuant to the procedures hereinafter described, in order to preserve, protect, and perpetuate buildings, structures, sites, works of art, and other objects having special historical, community or aesthetic interest or value, all for the reasons described in the remainder of this section.
1. To preserve buildings, structures, and sites of historic significance as part of the City’s most important cultural, educational and economic assets.
2. To enhance the visual and aesthetic character, diversity and interest of the City.
3. To insure proper development and utilization of lands and areas within designated Landmarks and Landmark Districts and to encourage complimentary, contemporary design and construction.
4. To foster civic pride in the beauty and notable accomplishments of the past.
5. To protect and enhance the City’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business.
6. To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City’s cultural, social, economic, political, and architectural history.
7. To promote the private and public use of Landmarks and historical areas for the education, prosperity, and general welfare of the City’s residents.
8. To make recommendations to the City Council on policies and ordinances that may encourage preservation of buildings, structures and sites of historic significance.
9. To stabilize and improve property values.
10. To strengthen the economy of the City.
11. To take whatever steps as may be necessary to safeguard the property rights of those owners whose property is declared to be a “Landmark” or is located in an area designated as a “Landmark District”.
C. Powers and Duties
In addition to carrying out the general purposes set forth in Section 1212.04.B, the Landmark Commission shall have the following powers and duties:
1. Recommend the designation of Landmarks and Landmark Districts.
2. Make recommendations to the City Planning Commission and the City Council, as appropriate, on applications for zoning amendments and conditional uses involving historic areas and Landmarks.
3. Conduct a continuing survey of all areas, places, buildings, structures, works of art or similar objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as Landmarks.
4. Conduct reviews including design, architecture and site concerns, of proposed changes to Landmark or structures and sites in Landmark Districts.
5. Work for the continuing education of the residents of the City with respect to the historic and architectural heritage of the City and the Landmarks designated under the provisions of this chapter. It shall keep current and public a register of Landmarks.
6. Act as the City’s liaison with individuals and organizations concerned with historic preservation.
7. Accept the services of technical experts and such other persons as may be required to perform its duties.
8. Establish administrative procedures and guidelines.
D. Membership, Term and Organization
1. The Landmark Commission shall consist of seven (7) members. One shall be a member of City Council appointed by the Mayor. The remaining six (6) members shall be citizen members appointed by the Mayor, and shall have the following qualifications: (a) reside in the City of Shaker Heights, (b) have demonstrated an interest, experience or knowledge in history, architecture and related disciplines; and (c) not hold other public office or employment with the City of Shaker Heights or the Shaker Heights Board of Education. As to not more than one (1) of the six (6) citizen members, Council may waive the requirements that such member be a resident of the City and/or hold no other public office with the City or the School Board.
2. Of the six (6) citizen members of the Landmark Commission, one (1) member shall be an architect and two (2) other members shall be preservation-related professionals, including, but not limited to, professionals in the fields of architecture, history, planning, historic preservation, landscape architecture, related fields of law, or real estate, if available.
3. The Council Member of the Landmark Commission shall be appointed annually by the Mayor. All six (6) citizen members of the Landmark Commission shall be appointed to three (3) year terms by the Mayor and shall be confirmed by Council. The terms of the six (6) citizen members shall be staggered so that not more than two (2) members’ terms expire in a given year.
4. In making appointments of citizen members to the Landmark Commission, consideration should be given to having the Landmark Commission membership reflect a variety of points of view, including architectural, historical, planning, historic preservation, landscape architecture, legal and real estate.
5. A vacancy shall be filled for the remainder of the unexpired term in the same manner as regular appointments and confirmations. A vacancy shall be filled within sixty (60) days from the date the vacancy occurs, unless a greater period of time is reasonably necessary, as determined by the Mayor. In the case of temporary absence or disability of any member, a member may be appointed and confirmed in the manner provided above to serve during such temporary absence or disability. Such temporary member shall possess all of the qualifications of a regular member, and shall have the same powers and perform the same duties as a regular member during the terms of his or her appointment.
6. The Mayor and the Planning Director shall serve as ex officio members of the Landmark Commission.
7. The Council member appointed to the Landmark Commission shall serve as the chairperson of the Landmark Commission during the term of his or her appointment.
8. The Mayor shall appoint a City employee to serve as Secretary of the Landmark Commission. The Secretary shall keep, or cause to be kept, a complete record of all meetings of the Landmark Commission and a detailed record of all transactions dealt with by the Landmark Commission. In addition, the Secretary shall perform such other functions as the Landmark Commission may direct.
E. Meetings, Hearings and Procedures
1. The Landmark Commission shall meet once per month or as necessary, but no less than four (4) times per year.
2. The Landmark Commission shall schedule and give public notice of all public hearings pursuant to Section 1213.10, Designating Landmarks and Landmark Districts.
3. The Landmark Commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.
F. Quorum and Vote
No business shall be conducted without a quorum at the meeting. A majority of the members of the Landmark Commission constitutes a quorum. All recommendations on designations and other actions of the Commission shall be represented by a vote of the membership. A simple majority of the voting members present at the meeting at which a quorum is present shall be required for any action taken.
G. Conflicts of Interest
No member of the Landmark Commission shall participate in the review of any item of discussion before such Commission if such member has any direct or indirect financial or personal interest in the property or the matter involved in such discussion. Personal, as distinguished from financial interest, includes an interest arising from blood or marriage relationships, or business or political association, as such terms are defined by State of Ohio law and City ordinance.
(Ord. 04-129. Enacted 11-22-04; Ord. 13-114. Enacted 12-16-13.)