1213.10 DESIGNATING LANDMARKS AND LANDMARK DISTRICTS.
A. DESIGNATION OF LANDMARKS
1. Application for Landmark Designation. The Landmark Commission may apply to City Council to designate a place, building, structure, site, work of art, or similar object in the City as a Landmark, or to designate any grouping of such places or objects, or combination thereof, as a Landmark District, by following the procedures set forth in this Section. The Landmark Commission may act on its own initiative to apply for such designation, or pursuant to a request by an individual or organization.
2. Procedure for Designating Landmark Status. The Landmark Commission may apply for the designation of a place, building, structure, site, work of art, or similar object in the City as a Landmark or Landmark District by adopting a resolution to recommend such designation to City Council. After the Landmark Commission adopts a resolution recommending the designation of a Landmark or Landmark District, it shall follow the procedures set forth below:
a. In order to protect proposed Landmark properties or properties located in a proposed Landmark District during the process for designation, the Landmark Commission may request that City Council adopt a resolution approving the referral, during the pendency of the designation process, of all applications for permits for activity related to a proposed Landmark or in a proposed Landmark District to the Landmark Commission for review. If City Council adopts such a resolution, all such permit applications pending as of the effective date of the resolution and all permit applications submitted after said effective date shall be referred to the Landmark Commission for review, and the Landmark Commission shall have the same powers that would apply if the proposed Landmark or Landmark District were an established Landmark or District. The referral and review of such permits shall continue for twelve months after City Council adopts such a resolution, or until such time as City Council approves or rejects the establishment of the Landmark or District by ordinance, whichever occurs first.
b. The Landmark Commission shall notify the owner or owners of all property included in the proposed designation within ten (10) days of the adoption by the Landmark Commission of a resolution to apply for designation. The notice shall request the owner's comments.
c. The Landmark Commission shall seek the approval of the owner or owners of all property included in the proposed designation. However, approval is not required in order for a property to be designated as a Landmark or as being within a Landmark District.
d. The Landmark Commission shall prepare a report and recommendation as to the property proposed to be designated as a Landmark or as within a Landmark District, including an explanation of the significance of the property or properties in relation to the designation criteria, a description of the property or properties with a list of contributing and non-contributing structures and sites, a history of the property or properties, photographic documentation, and a map or site plan showing the boundaries of the proposed Landmark or District.
e. The Landmark Commission shall submit the report and recommendation to the Planning Commission and secure from said Commission a recommendation with respect to the proposed designation, its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendations as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection, or modification of the proposed designation. Such recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Landmark Commission along with its report concerning the proposed designation to City Council. The Landmark Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation by the Planning Commission.
f. Within forty-five (45) days after receiving the Planning Commission's recommendation, the Landmark Commission shall schedule a public hearing on the proposed designation.
g. At least fifteen (15) calendar days prior to the date of the hearing, written notice setting forth the date, time, place and purpose of the hearing shall be mailed to the owner(s) or any person(s) having a legal or equitable interest in such property being proposed for designation. The notice shall indicate where the Landmark Commission's designation report is available for review.
h. Notice shall be mailed a minimum of five (5) calendar days and no more than ten (10) calendar days prior to the public hearing to all property owners within three hundred (300) feet of the proposed Landmark or District and to any organization that requests notice.
i. No less than four (4) days prior to the public hearing, the Landmark Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property involved, and the date, time and place of the scheduled public hearing.
j. The Landmark Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Landmark Commission may adopt for the purpose of governing the proceedings of the hearings. Each speaker shall be fully identified as to name, address, and the interests that he or she represents.
k. The Landmark Commission shall make a determination whether to pursue without modification, modify or withdrawn the proposed designation in writing within fifteen (15) days after the hearing and shall notify any owner(s) or any person(s) having a legal or equitable interest in such property, as well as such other interested parties as may request a copy thereof. The Landmark Commission shall transmit its report and recommendations concerning the proposed designation to City Council.
l. City Council may, in its discretion, hold public hearings on any proposed designation. City Council shall, within ninety (90) days after receiving the report and recommendation of the Landmark Commission, either designate the Landmark or Landmark District by ordinance or reject designation by resolution. In making its determination with respect to the proposed designation, City Council shall give due consideration to the findings and recommendations of the Landmark Commission, as well as such views as may have been expressed by persons participating in the hearing before the Landmark Commission, in addition to the recommendation of the Planning Commission.
3. Actions After a Designation. Within seven (7) days after the adoption of an ordinance by City Council approving the designation of a Landmark or Landmark District, the Landmark Commission shall notify the City Building Department of the designation. The Landmark Commission shall also file with the Recorder of Deeds of Cuyahoga County a certified copy of the designating ordinance together with a notice briefly stating the fact of such designation and a summary of the effects such designation will have. The Landmark Commission, further, shall send a copy of such ordinance and notice to the owner(s) and any person having a right of ownership in such property included within a designation.
4. Rescission of a Designation. Notwithstanding any provision of this Section to the contrary, City Council may rescind the designation of any area, place, building, structure, site, work of art or similar object as a Landmark or Landmark District by ordinance upon a finding that the designated Landmark or Landmark District does not meet the designation criteria or to protect the public interest in response to changed circumstances since the designation decision was made. Council may rescind designation after compliance with the same procedures as are required to be followed by Council for a Zoning Code amendment under Section 1213.07, and as set forth herein for designation, including referral for comment and recommendation to the Landmark Commission and Planning Commission, and after a public hearing is held before the Landmark Commission. Council may rescind a designation even if the Landmark or Planning Commission do not recommend such action. Passage of such an ordinance shall relieve the owner of such property from any duties or penalties contained in this chapter.
5. Criteria for Designating a Landmark or a Landmark District. In determining whether or not to adopt a resolution recommending the designation of an area, place, building, structure, site, work of art, or object as a Landmark or Landmark District, the Landmark Commission shall determine whether the proposed Landmark or Landmark District meets one or more of the following criteria:
a. Its character, interest or value as part of the development, heritage or cultural characteristics of the City of Shaker Heights, the State of Ohio, or the United States.
b. Its location as a site of a significant historic event.
c. Its identification with a person or persons who significantly contribute to the culture and development of the City.
d. Its exemplification of the cultural, economic, social or historic heritage of the City.
e. Its portrayal of the environment of a group of people in an era of history.
f. Its embodiment of a distinguishing characteristic of an architectural type, specimen, style or method of construction.
g. Its identification as the work of an architect or master builder whose individual work has influenced the development of the City.
h. Its embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation.
i. Its relationship to other distinctive areas that are eligible for preservation according to a plan based on history, culture, or architecture.
j. Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City.
6. Recording Landmarks and Landmark Districts. The Landmark Commission shall maintain complete records of all properties designated as Landmarks. This designation shall also be noted in the Building Department records of the City.
7. On-Site Identification of Landmarks or Landmark Districts. The Landmark Commission may place or cause to be placed on such Landmark properties a plaque or other type of marker indicating that such property or part thereof has been designated a Landmark or as part of a Landmark District in the City.
B. CERTIFICATES OF APPROPRIATENESS; Approval Required for Any Exterior Building or Environmental Change. No person shall make any environmental or exterior building change in any property which has been designated a Landmark or which is situated in a designated Landmark District without first obtaining a Certificate of Appropriateness from the Landmark Commission. The following procedures shall apply to all alterations, demolitions, removals or constructions of such property in the City:
1. Application for Review of Changes. Any application to the Landmark Commission, Building Department or to the Planning Department, as appropriate, for a permit for or approval of an environmental or exterior building change, including a demolition, must include detailed plans, designs, elevations, specifications and documents relating thereto, as required by the Director of the Department to which the application is submitted. Any such completed application submitted to the Building Department or Planning Department shall be forwarded to the Landmark Commission. The Building Department shall not issue a building or demolition permit for, and the Planning Department shall not give approval of, an environmental or exterior building change until the Landmark Commission has issued a Certificate of Appropriateness. The applicant may file an application directly with the Landmark Commission at the same time that an application for a building permit or approval is filed. The Landmark Commission may charge a reasonable fee, as approved by Council, to review an application.
2. Standards For Review of Applications. When considering an application for a Certificate of Appropriateness, the Landmark Commission shall be guided in its decision by the U.S. Secretary of the Interior's "Standards for Rehabilitation", as found in Title 36 of the Code of Federal Regulations, Part 1208 (formerly 36 CFR Part 67). In addition, the Landmark Commission may adopt more specific design guidelines suited to the historic character of Landmarks and Landmark Districts. In reviewing an application for demolition, the Landmark Commission shall consider the following in addition to the "Standards for Rehabilitation" cited above:
a. The historic significance of the structure individually or as a contributing element in a district.
b. Plans for reuse of the site, which the applicant must submit, including project funding and schedule, and the impact of such plans on the Landmark or Landmark District.
3. Approval of Minor Changes. The Landmark Commission may delegate to its staff the authority to issue Certificates of Appropriateness for specified minor changes. The Landmark Commission shall provide to staff written guidelines for issuing Certificates of Appropriateness under this subsection.
4. Parties Entitled to Apply for Landmark Commission Review of Changes. An application for an environmental or exterior building change may be filed by any person, firm or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the property in the form of an ownership interest, a lease, or a purchase agreement for the property for which the review of changes is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required as determined necessary by the department to which the application is submitted.
5. Conditions for Approval for Review of Changes. The Landmark Commission shall grant an application or approve an application with conditions when it finds that the proposed change will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this Chapter, any design guidelines adopted by the Landmark Commission, and the U.S. Secretary of the Interior's "Standards for Rehabilitation". Otherwise, the Landmark Commission shall deny the application.
6. Landmark Commission Notice to Building Department. Within ten (10) days of making a determination on an application, the Landmark Commission shall transmit written notices of its decision to the applicant and the Building Department. The notices shall state the reasons for the decision.
7. Denial of Certificate Application. If an application has been denied, the Landmark Commission shall recommend to the applicant changes, if any, that would allow the Landmark Commission to issue a Certificate of Appropriateness. The Landmark Commission shall confer with the applicant in an attempt to resolve any differences as quickly as possible. The applicant may resubmit an amended application that takes into consideration the Landmark Commission's recommendations.
8. Failure of Landmark Commission to Act in a Timely Manner. If no action has been taken by the Landmark Commission on a complete application within sixty (60) days after such complete application has been received by the Landmark Commission, the application shall be deemed granted, unless the time for consideration is extended by mutual agreement.
9. Applicability of Other Ordinances, Rules and Regulations. Nothing contained herein shall eliminate the need for compliance by the owner, occupant or party in control of such property with all other applicable ordinances, rules and regulations of the City.
10. Architectural Board of Review. When an application for a building or environmental change requires review by both the Landmark Commission and the Architectural Board of Review, the Architectural Board of Review will meet jointly with the Landmark Commission. Notwithstanding any other provisions of this Chapter, only architectural design compatible with historical buildings in approved Landmark Districts in the City shall be approved for any new construction by the Architectural Board of Review in Landmark Districts.
C. ECONOMIC HARDSHIP; Application Filed After Denial of Certificate of Appropriateness.
1. Application for certificate of Economic Hardship; Criteria. An applicant who has been denied a Certificate of Appropriateness may, within thirty (30) days of the denial, apply for a Certificate of Economic Hardship. Application shall be made on a form prepared by the Landmark Commission. The Landmark Commission may hold a public hearing on the hardship application. All of the following criteria shall be considered to determine the existence of an economic hardship:
a. Denial of a certificate will result in a substantial reduction in the economic value of the property;
b. Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form;
c. No reasonable alternative exists consistent with the architectural standards and guidelines for the property;
d. The owner has been unable to sell the property; or
e. If the owner is a not-for-profit organization, and it is financially or physically infeasible to achieve its charitable purpose while conforming to the pertinent architectural standards and guidelines.
2. Certificate Process. The Landmark Commission may solicit expert testimony or request that the applicant for a Certificate of Economic Hardship submit evidence concerning property value, cost estimates, income, expenses, and/or any other information that the Landmark Commission deems necessary to determine whether denial of the application constitutes an economic hardship. The level of documentation required may vary as is appropriate to each case. The Applicant may submit any person or proprietary information to the Staff of the City for a confidential review, and such information shall be returned to the Applicant, and a summary or evaluation of the information shall be provided to the Landmark Commission without disclosure of the specific personal or proprietary information.
3. Landmark Commission Action on an Application. The Landmark Commission shall act upon the application for Certificate of Economic Hardship within sixty (60) days after receipt of such an application. If no action has taken by the Landmark Commission within sixty (60) days, the application shall be deemed granted, unless the time is extended by mutual agreement. Upon the denial of an application, the applicant shall be notified by mail.
4. Investigation of Measures to Relieve Hardship. Upon a finding by the Landmark Commission that a denial of the application for building or environmental change results in a hardship, then the application for a Certificate of Appropriateness shall be delayed for a period not to exceed ninety (90) days. During this period the Landmark Commission shall investigate measures to relieve the hardship or otherwise preserve the property, and shall make recommendations to the Mayor or Council as may be appropriate. Such plans and recommendations may include, but are not limited to: a reduction in real property taxes, financial assistance, Building Code modifications, and/or changes in zoning regulations, to the extent such actions may be lawful.
5. Issuance of Certificate. If by the end of this ninety (90) day period, the Landmark Commission has found that without approval of the building or environmental change the hardship cannot be relieved, then the Landmark Commission shall issue a Certificate of Economic Hardship permitting the proposed building or environmental change.
D. EXCEPTIONS, APPEALS, MORATORIUM AND ENFORCEMENT. All work performed pursuant to a Certificate of Appropriateness issued under this Chapter shall conform to any requirements included in the approval of the Certificate. It shall be the duty of the Commissioner of Building, with the assistance from the Department of Planning, to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Landmark Commission, the Commissioner of Building shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
1. Changes Not Prohibited. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any property which has been designated a Landmark or which is situated in a designated Landmark District that does not involve a change in design, material, color or exterior appearance thereof, nor to prevent any environmental or exterior building change that the Building, Fire, Housing Inspection or Health Departments shall certify in writing is immediately required by the public safety because of an unsafe or dangerous condition. If the Building, Fire, Housing Inspection or Health Department orders an immediate environmental or exterior building change, it shall notify the Landmark Commission of the proposed change. The Landmark Commission shall have the right to seek to have the measure least adverse to the purposes of this Chapter used to make the necessary change.
2. Appeals. An applicant may appeal a final decision of the Landmark Commission on an Application for a Certificate of Appropriateness or Certificate of Economic Hardship within thirty (30) days of the decision, by filing a notice of appeal with the Board of Zoning Appeals. The Board shall hold a hearing on an appeal within forty-five (45) days after receipt of a notice, and shall issue a decision on an appeal within fourteen (14) days after a hearing.
3. Emergency Moratorium. If City Council determines that a proposed exterior building or environmental change will cause irreparable harm to structures or sites located within a designated or potential Landmark or Landmark District, City Council may by resolution declare an emergency moratorium on all work for a period not to exceed six (6) months. During the moratorium period, the City shall investigate ways to remove the threat, including but not limited to negotiation, marketing, or financial assistance. Council may extend the emergency moratorium for an additional period not to exceed six (6) months upon finding that the threat of irreparable harm is still present. Any pending Permit application concerning a structure or site subject to an emergency moratorium may be summarily denied.
4. Power to Seek Injunction. The Landmark Commission or the Mayor may ask the Director of Law to take whatever legal action may be necessary, including the filing of a complaint in injunction and requesting of a temporary restraining order and preliminary injunction, to prevent a proposed exterior building or environmental change that may cause irreparable harm to structures or sites located within a designated or potential Landmark or Landmark District, until City Council has a reasonable opportunity to consider a resolution declaring an emergency moratorium on all work that may have such damaging effect.
5. Violations. Any person who violates or fails to comply with any provision of this Section shall, for each violation or noncompliance, be deemed guilty of a minor misdemeanor and penalized as set forth in Section 2929.28 of the Ohio Revised Code. Each day of violation or failure to comply shall constitute a separate offense.
E. SEVERABILITY. The provisions of this Section shall be deemed severable, and if any such provision shall be held unconstitutional by a court of competent jurisdiction the decision of such court shall not impair any of the remaining provisions.
(Ord. 18-25. Enacted 4-23-18.)