(a) Definitions.
(1) "Building change" means any alteration, facade change, demolition, removal, or construction to a designated landmark structure including such structures located within a landmark district.
(2) "Construction" means the erection of new structures in landmark districts or on the site of a designated landmark structure or an addition to an existing landmark structure.
(3) "Demolition" means the partial or complete removal or destruction of any designated landmark structure or any structure which is located within a landmark district.
(4) "Environmental change" means any change to the site surrounding a designated landmark structure or within a landmark district, including, but not limited to, fences, signage, parking areas, site lighting, pedestrian access, site access, special site features, and major landscaping.
(5) "Facade change" means any alteration to the aesthetic design, building material, or color change to the external architecture features of any designated landmark structure or any structure located within a landmark district.
(6) "Landmark District" means any area that contains structures which:
A. Have historic significance;
B. Represent one or more periods or styles of architecture typical of one or more eras in the City's history, or represent an assemblage of structures important to the City's history;
C. Cause such area, by reason of such factors, to constitute an identifiable area; and
D. Have been designated as a "Landmark District" pursuant to this section's provisions.
(7) "Rehabilitation" means the process of restoring and returning a property to a state of utility, through repair or alteration or construction, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
(8) "Removal" means the deletion of any exterior architectural feature from a designated landmark structure or from any structure which is located within a Landmark District.
(b) Establishment; Composition; Term; and Vacancy. There is hereby established the City of South Euclid Landmark Commission which shall consist of seven members. Five members shall be appointed by the Mayor, shall be residents of the City not holding other public office or employment with the City, and have demonstrated an interest, experience, or knowledge in history, architecture, preservation, or related disciplines. Commencing January 1, 2021, two members shall be appointed to a term of two years, two members shall be appointed to a term of four years, and one member shall be appointed to a term of six years. Thereafter, each member appointed shall have a term of six years. The sixth member of the Commission shall be a member of Council appointed by his/her fellow Councilmembers at the organizational meeting of Council for a two year term, or as Council deems appropriate. The seventh member of the Commission shall be a member of the Planning Commission appointed by his/her fellow Planning Commission Members at the organizational meeting of the Planning Commission for a one year term. Vacancies shall be filled for the remainder of the unexpired terms in the same manner as regular appointments and confirmations. A vacancy shall be filled within sixty days from the date the vacancy occurs, unless a greater period of time is reasonably necessary, as determined by the appointing authority. The Mayor or his/her designee shall serve as an ex officio member of this Landmark Commission.
(c) Compensation of Members. No compensation shall be paid to any member of the Landmark Commission unless City Council adds such compensation to the City of South Euclid Salary Ordinance for services performed while a member of the Landmark Commission.
(d) Purpose. The purpose of the Landmark Commission is to designate landmarks in the City pursuant to the procedures hereinafter described, in order to preserve, protect, and perpetuate places, buildings, structures, works of art, and other objects having a special historical, community, or aesthetic interest or value, all for the reasons described in the remainder of this section.
(1) To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, or architectural history;
(2) To stabilize and improve property values;
(3) To protect and enhance the City's attraction to residents, tourists, and visitors, and serve as a support and stimulus to business;
(4) To enhance the visual and aesthetic character, diversity, and interest of the City;
(5) To foster civic pride in the beauty and notable accomplishments of the past;
(6) To promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City;
(7) To strengthen the economy of the City;
(8) To take whatever steps as may be necessary to safeguard the property rights of the owners whose property is declared to be a landmark or is located in an area designated as a Landmark District.
(e) Financial Interest of Members. No member of the Landmark Commission shall participate in the review of any item for discussion before such Commission if such member has any direct financial interest in the property involved in such discussion.
(f) Meetings. The Landmark Commission shall hold meetings on a monthly basis or as otherwise needed; provided, however, that the Commission shall meet not less than four times per year.
(g) Organization and Officers.
(1) The first meeting of the year for the Landmark Commission shall be the organizational meeting. At this meeting, the Commission will elect one of its members to serve as Chair of the Commission for that upcoming year.
(2) The Mayor shall appoint a City employee to serve as Secretary of the Commission. The Secretary shall keep, or cause to be kept, a complete record of all meetings of the Commission and a detailed record of transactions dealt with by the Commission. In addition, the Secretary shall perform such other functions as the Commission may direct. Said individual shall be paid the same compensation as the Secretary for the City Planning Commission, as defined in the City of South Euclid Salary Ordinance.
(h) Designation of Landmarks and Landmark Districts.
(1) The Landmark Commission may designate a place, building, structure, work of art, or similar object in the City as a landmark or Landmark District. The Commission, on its own initiative, or any owner of property, may apply to the Commission, on forms provided by the City, for designation of property owned by him or her as a landmark. In determining whether to designate such place, building, work of art, or object as a landmark, the Commission shall consider the following criteria with respect to such property:
A. Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of South Euclid, 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 contributed 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 characterized by a distinctive architectural style.
F. Its embodiment of a distinguishing characteristic of an architectural type or specimen.
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 which represent a significant architectural innovation.
I. Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural, or architectural motif.
J. Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the City.
K. Such other individual characteristics as shall be relevant to its designation as a landmark.
(2) The Commission shall propose designations of any area, place, building, structure, work of art, or similar object in the City as a landmark or Landmark District, and thereupon take the following actions:
A. The Commission shall notify the owner of such property of the proposed designation. Whenever possible, the Commission shall secure the owner's written consent for submittal of the proposed designation, together with its findings of fact to be shared with the City Planning Commission.
B. The Commission shall advise the City Planning Commission of the proposed designation and request from the City Planning Commission its recommendation with respect to the proposed designations, 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. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation of the Planning Commission.
C. Following review by the City Planning Commission, the Landmarks Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time, and place, and causing written notice to be given to the property owner or any person having a legal or equitable interest in such property being proposed for designation. The 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. The Secretary shall cause notice to be sent via U.S. Mail to all property owners within 250 feet of the subject property, setting forth the nature of the hearing, the property involved, and the date, time, and place of the scheduled public hearing. The Secretary shall also notify all members of City Council, the Planning Commission, the Architectural Review Board, and the Board of Zoning Appeals of said hearing through the preferred form of communication of reaching those individuals.
D. The Commission shall conduct the public hearing as provided by subsection (h)(2)B. hereof and shall provide a reasonable opportunity for all interested parties to express their opinions under such rules as the 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 which he/she represents. The Commission shall make a determination with respect to the proposed designation in writing within thirty days of the hearing date and shall notify any owner or any person having a legal or equitable interest in such property, as well as such other interested parties as may request a copy thereof. The Commission shall set forth its findings of fact which constitute the basis for its decision.
E. Should the property owner or any person having a legal or equitable interest in such property refuse to accept the designation, as issued by the Commission, he/she must file an appeal with the Board of Zoning Appeals (BZA) within sixty days of the designation being issued. The appeal shall be heard in accordance with Section 761.04 of the City of South Euclid, Ohio Codified Ordinances.
F. As soon as is reasonably possible, the Commission shall notify the City Building Department of the official designation. The Commission shall also file with the Cuyahoga County Recorder and the Cuyahoga County Fiscal Officer a certified copy of the designation order together with a notice briefly stating the fact of such designation and a summary of the effects the designation shall have. The Commission, further, shall send by registered mail a certified copy of such order and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in such property.
(3) Removal. The Commission shall reserve the right to use the process described above to remove a landmark or Landmark District from such designated status. This removal process can be undertaken by the Commission, on its own initiative. The process for removal of a landmark designation shall follow the same process as designating a landmark, as described above. Should a landmark be removed of such status, the Commission shall notify the City Building Department. The Commission shall also file with the Cuyahoga County Recorder and the Cuyahoga County Fiscal Officer a certified copy of the order removing such landmark designation. The Commission, further, shall send by registered mail a certified copy of such order and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in such property.
(i) Record of Landmarks.
(1) The Landmark Commission shall maintain complete records of all properties designated as landmarks in a book kept for records in the office of the Building Department.
(2) The Commission may place or cause to be placed on such landmark properties a designation that such property or part thereof has been designated a landmark in the City.
(j) Regulation of Building or Environmental Change or Rehabilitation. No person owning, renting, or occupying property which has been designated a landmark or which is situated in a designated Landmark District shall make any building change, facade change, environmental change or rehabilitation on/in such property without consent of the Landmark Commission with respect to such building or environmental change or rehabilitation. The following procedures shall apply to all building, facade or environmental changes, demolitions, removals, or constructions of such property in the City:
(1) Any application to the Building Department for a building permit for a building change, facade change, environmental change or rehabilitation shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. An application may be filed by the applicant directly with the Commission at the same time an application for a building permit is filed or in lieu of filing for a building permit, if no building permit is required for the proposed building or environmental change or rehabilitation.
(2) If the Commission finds that the building, facade or environmental change or rehabilitation proposed by the applicant:
A. Shall not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this section and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as found in Title 36 of the Code of Federal Regulations, Part 1208; or
B. Shall remedy conditions imminently dangerous to life, health, or property, as determined in writing by the Building Commissioner, or the Fire Inspector, then the Commission shall grant permission.
(3) If the Commission finds that the building, facade or environmental change or rehabilitation proposed by the applicant shall adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this section, the Commission shall disapprove the application and so advise the applicant and the Building Department in writing within sixty days after receiving the application.
(4) If it disapproves the application, the Commission shall have the power to impose and enforce a waiting period of six months from the date of its notice of disapproval, during which period the Commission shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:
A. With respect to an application involving the proposed building, facade or environmental change or rehabilitation, the Commission and the applicant shall work together during such period to find a mutually agreeable method of completing the proposed aforementioned project.
B. With respect to an application involving a demolition, removal, or construction, the Commission may in its discretion extend the original waiting period of six months to one year. During such period and any extension thereof, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such landmark. The Commission shall also investigate the feasibility of all available ways and means of preserving the landmark, including without limitation, inducing by contract or other consideration the creation of covenants restricting the use of the property, leasing and subleasing the property for the purposes of preservation, and acquiring by eminent domain or contract or conveyance all or any part of or interest in the property. If the Commission and the applicant do not agree on a means of preserving the landmark within the waiting period or any extensions thereof, the Commission upon expiration of such period or extension thereof shall grant permission with respect to the proposed environmental or building change or rehabilitation.
(5) Upon granting permission, the Commission shall give written notice to the applicant and the Building Department.
(6) If no action has been taken by the Commission on an application within sixty days after such application has been received by the Commission, application shall be deemed granted.
(7) Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules, and regulations of the City, particularly Chapter 1333 and 1334 pertaining to the demolition or removal of residential and commercial structures.
(k) Additional Powers and Duties of Commission. The Landmark Commission shall have the following powers and duties in addition to those otherwise specified in this section:
(1) The Commission shall conduct a continuing survey of all areas, places, buildings, structures, works of art, or similar objects in the City which the Commission, on the information available or presented to it, has reason to believe are or will be eligible for designation as landmarks.
(2) The Commission shall work for the continuing education of the residents of the City with respect to the historical and architectural heritage of the City and the landmarks designated under the provisions of this section. It shall keep current and public a register of landmarks.
(3) The Commission shall have authority to establish rules and regulations consistent with the provisions of this section and the spirit of its purpose to assist the Commission in evaluating applications for landmark designations submitted to it, the manner in which such applications are processed, and the proper and orderly conduct of its business.
(4) The Commission shall act as a liaison on behalf of the City to individuals and organizations concerned with historic preservation.
(5) The Commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties; provided that no General Fund moneys are used for such services, except as may be appropriated by Council.
(l) 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 outer appearance thereof, nor to prevent any environmental or building change that the Building or Fire Department shall certify in writing is required by the public safety because of an unsafe or dangerous condition.
(m) Architectural Review Board. Notwithstanding any other provisions of this section, only architectural design compatible with other historical buildings in approved Landmark Districts in the City shall be approved for any new construction by the Architectural Review Board in the Landmark Districts.
(Ord. 04-20. Passed 1-25-21.)