CITY OF SALEM
ORDINANCE NO. 991221 - 85 INTRODUCED BY: MR. MURPHY
First Reading _______________
Second Reading _______________
Third Reading _______________
BEING AN ORDINANCE REPEALING ORDINANCE NO. 991116-78 AND SECTIONS 1149.03, 1149.05, 1149.08, 1149.10, AND 1149.11 OF THE CODIFIED ORDINANCES OF THE CITY OF SALEM AS AMENDED THEREBY REGARDING THE PRESERVATION DISTRICT REGULATIONS OF CHAPTER 1149 OF THE CODIFIED ORDINANCES OF THE CITY OF SALEM, AND REVIVING SECTIONS 1149.03, 1149.05, 1149.08, 1149.10, AND 1149.11 AS EXISTING PRIOR TO THE AMENDMENTS EFFECTED BY ORDINANCE NO. 991116-78, AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 99116-78 sought to amend Sections 1149.03, 1149.05, 1149.08, 1149.10, and 1149.11 of the Codified Ordinances of the City of Salem to effect certain changes in the Preservation District Regulations of Chapter 1149 of the Codified Ordinances of the City of Salem; and
WHEREAS, those proposed amendments were not subjected to a public hearing as required prior to final action by Council; and
WHEREAS, Council desires to repeal those purported amendments and restore the status quo ante in order that the amendments set forth by Ordinance No. 99116-78 may be reintroduced at a later date and considered in accordance with the procedure set forth in the Codified Ordinances, including the requirement for a public hearing prior to final action by Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, STATE OF OHIO:
Section 1:
That Ordinance No. 99116-78, and Sections 1149.03, 1149.05, 1149.08, 1149.10, and 1149.11 of the Codified Ordinances of the City of Salem as amended thereby are repealed.
Section 2:
That Sections 1149.03, 1149.05, 1149.08, 1149.10, and 1149.11 of the Codified Ordinances as enacted by Ordinance No. 970218-12 and as existing prior to the passage of Ordinance No. 99116-78 are revived and read as follows:
1149.03 ESTABLISHMENT OF DESIGN REVIEW BOARD
(a) In recognition of the need for the establishment of a public body which will provide for the protection and enhancement of historic area, buildings and resources within the City of Salem, the Design Review Board is hereby established.
(b) The Design Review Board hereinafter referred to as the "Review Board", shall consist of seven members. Members shall be appointed by the Mayor with the approval by a majority of Council. The Mayor shall appoint one representative from each of the following organizations:
Salem Planning Commission
Salem City Council
Salem Historical Society
All members shall have a demonstrated interest in historic preservation together with a determination to work for the overall improvement of the quality of the City of Salem's physical environment. An effort should be made to appoint persons with special expertise that may be of assistance in the efficient operation of the Review Board.
At least one member shall be an attorney and to the extent that such are available in the Community one member shall be a registered architect, one a professional historian or preservationist and one a licensed contractor. If such are not available the members shall be chosen from persons having demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines as will provide for an adequate and qualified commission.
(c) All members shall be residents of the City of Salem, except that members on the Board when this amendment goes into effect may serve out the balance of their term.
(d) Two members shall be appointed for an initial term of one year; two members shall be appointed for an initial term of two years; and three members shall be appointed for an initial term of three years. All subsequent terms shall be for a period of three years. Vacancies for unexpired terms shall be filled within forty-two days and in the same manner as original appointments are made.
(e) Members shall serve without compensation from the City.
(f) Any member of the Review Board shall be subject to removal for just cause by the Mayor. Said action can be overridden by a two-thirds vote of Council. (Ord. 970218-12. Passed 5/20/97.)
1149.05 DUTIES OF THE DESIGN REVIEW BOARD
The Review Board shall have the following duties:
(a) The Review Board shall function to improve the quality of life in the City by striving to further and achieve the spirit and purpose of this chapter;
(b) The Review Board shall ensure the protection of property values in order to further the City's goals of sound economic and community development;
(c) The Review Board may make recommendations to the Planning Commission and City Council for additions or revisions to the Planning and Zoning Code or recommend legislation that would best serve to develop, preserve, restore and beautify the City;
(d) Within 120 days of being established, the Review Board shall develop guidelines (in accordance with the Secretary of the Interior's Standards for Rehabilitating Historic Buildings or local guidelines established for specific preservation districts) concerning the conservation of historic areas, buildings, and resources. Insofar as practicable, such guidelines shall suggest what alterations, demolitions, environmental changes and new construction may be appropriate for historic structures or sites within preservation districts. (Until such time as the Board establishes its own guidelines, the Secretary of the Interior's Standards shall be used);
(e) The Review Board shall review and act upon all applications for certificates of appropriateness as required in Section 1149.08 of this chapter;
(f) The Review Board shall conduct, cause to be conducted, or assist in a continuing survey of all properties, sites, or areas of architectural, archaeological, historic, and aesthetic interest in the City which the Board on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as a landmark or preservation district;
(g) The Review Board shall work for the continuing education of the residents of the City with respect to the architectural and historic heritage of the City, its landmarks and preservation districts as designated under the provisions of this chapter, and shall make every effort to improve the overall design and the environmental awareness of the people;
(h) The Review Board shall act as a liaison on behalf of the City of Salem to individuals and organizations concerned with historic preservation;
(i) The Review Board shall keep an inventory of all landmarks and preservation districts. This inventory shall be updated periodically to reflect changes, alterations, and demolitions. All inventory materials shall be maintained securely and be accessible to the public, except that access to archaeological site locations may be restricted. All inventory material shall be recorded on Ohio Historic Inventory, Ohio Archaeological Inventory forms and therefore be compatible with the comprehensive preservation planning process. All inventory material shall be available through duplicates to the Ohio Historic Preservation Office. This inventory shall be made available to City Council, the Planning Commission, the Board of Zoning Appeals, City officials and the public.
(j) The Review Board shall review all proposed National Register nominations for properties within its jurisdiction. When necessary for review of a proposed nomination, the Board may seek expert advise before rendering a decision. That expertise may be academic or consulting in nature;
1149.08 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS
(a) Approval of a certificate of appropriateness must be obtained from the Review Board to make any change to a property within a preservation district or to a landmark, except for excluded changes pursuant to Section 1149.11.
(b) Applications for certificates of appropriateness shall be obtained from the Zoning Department in such form as may be prescribed by the Review Board and subsequently filed with the Planning department.
(c) The Review Board shall make a determination on an application for certificate of appropriateness within thirty days of the filing of the action, or within sixty days if a public hearing is required pursuant to subsection (e) hereof, unless an extension of time is approved by the applicant. If the Board fails to render its determination within the specified time period, the application for certificate of appropriateness shall be deemed approved. The date of determination may be extended by mutual agreement between the applicant and the Board.
(d) For all certificates of appropriateness to be considered by the Review Board, the Housing, Planning and Zoning Officer shall give notice to each application for a certificate of appropriateness by regular mail to adjacent property owners, community organizations in which the property is situated and to any other person who has requested to receive notice of any applications filed for work proposed to be done on the historic structure or within the particular site or district in which the property affected is located at least seven days in advance of the Board's acting on the application. The Housing, Planning and Zoning Officer shall cause a notice of each such application for a certificate of appropriateness to be published in a journal of general circulation at least once in advance of the Board's acting on the application.
(e) Unless exempt from a public hearing by subsection (j) hereof, copies of all applications for certificates of appropriateness shall within seven days after filing, be transmitted to all City departments with authority over any aspect of the activities proposed and to any community organizations affected and any other organization affected having a demonstrated interest in historic preservation. In its transmittal notice, the Review Board shall specify a time, date, and place for preliminary pre-hearing conference, to which all interested City departments, the aforementioned organizations, and the applicant shall be invited. At such conference, the comments and recommendations of all interested departments concerning their respective authority over the proposed changes and their advice as to the appropriateness of those changes shall be received and discussed. All interested departments shall promptly advise the Review Board in writing of their respective approval, disapproval or approval with modifications of the proposed changes.
(f) On request of the property owner, or upon receipt of objection to the proposed alteration or environmental change from any other owner of property within a site or within the same preservation district, or community organization with demonstrated interest in historic preservation, or City official, the Review Board shall act upon the application for a certificate of appropriateness only after public hearing.
(g) The Review Board shall review and act upon all certificates of appropriateness in the manner prescribed herein, for the purpose of furthering the preservation and integrity of the historic area, structure, or resource affected. The Board shall approve or approve with conditions the certificates of appropriateness when it finds that:
(1) The proposal conforms to the guidelines;
(2) There is no feasible and prudent alternative alteration or environmental change which would conform to the guidelines and the strict application of the guidelines would:
A. Deny the owner a reasonable rate of return on the real property; and
B. Amount to a taking of the property of the owner without just compensation;
(3) In case the owner is a nonprofit corporation or organization, there is no feasible and prudent alternative alteration or environmental change which would conform to the guidelines and the strict application of the guidelines would:
A. Deny the owner the use of the property in a manner compatible with its organizational purposes; and
B. Amount to a taking of the property without just compensation.
Otherwise, the Review Board shall deny the certificate of appropriateness.
(h) The decision of the Review Board shall be in written form to the Zoning Office and available to the public for inspection. When approved by the Board, a copy of the certificate of appropriateness shall be sent by mail to the applicant by the Housing, Planning and Zoning Officer. In cases where the Board has disproved certain work, the Board shall state the reasons for such disapproval in writing and shall cause the Housing, Planning and Zoning Officer to transmit by mail a written statement to the applicant, together with any recommendations the Board may have made for the changes necessary before the certificate of appropriateness will be considered. The Zoning Department shall not issue a zoning permit until a certificate of appropriateness is granted when a certificate is required pursuant to this chapter.
(i) The Review Board may delegate to the Zoning Officer the authority to grant certificates of appropriateness within fifteen (15) days without referral to the Board and without public hearing in the case of minor alterations of types which the Board shall previously specify.
(j) The Review Board shall work with City departments and assist departments in recommendations to City Council on methods of financing public improvements in historic districts if those improvements are above normal cost because of historic design.
(k) The Review Board shall work with City Departments and Council to educate the public concerning the values of historic preservation and shall seek to find programs and grants that will assist property owners in preserving their historic properties.
1149.10 DEMOLITION
(b) If the necessity of demolition is questionable, the Review Board my delay determination of the application for a period of 180 days upon a finding that the structure is of such importance that alternatives to demolition may be feasible and should be actively pursued by both the applicant and the Board.
In the even that action on an application is delayed as provided herein, the Board shall take such steps as it deems necessary to preserve the property concerned, in accordance with the purposes of this chapter. Such steps may include but shall not be limited to certification of a registered professional engineer that the structure of a building is unsound or would need major reinforcement to be brought into building code compliance; considering a use that the building would reasonably lend itself to; consultation with civic groups, public agencies and interested residents; recommendations for acquisition of property by public or private bodies or agencies; and exploration of the possibility to move one or more structures or other features.
1149.11 EXCLUSIONS
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property within a preservation district or landmark under the provisions of this chapter, provided such work involves no change in material, design, texture, or outer appearance; nor shall anything in this chapter be construed to prevent any change, including construction, reconstruction, alteration or demolition of any building or feature which a public agency has designated as being in an unsafe or dangerous condition. In addition the following alterations, repairs or construction are specifically excluded from certificate of appropriateness process; fences along side and rear property lines to the front building line of the dwelling; fire escapes, heating, ventilating and air-conditioning units; roof repair or replacement; cornice repair; window repair and replacement; step replacement and repair; sidewalk replacement and repair; wall repair and replacement; and changes to the rear facade that are not visible from the street and do not change the shape of the roof.
Section 3:
That after introduction of this Ordinance to Council, the same shall be transmitted by the Clerk of Council to the City Planning Commission for their approval, disapproval or suggestion.
Section 4:
That after receiving the Planning Commission's report, or if no report is received after sixty (60) days of Council's transmittal, the Clerk of Council be, and hereby is directed to advertise on two separate occasions in a newspaper of general circulation throughout the municipal corporation for a public hearing, said hearing to be held thirty (30) days after the last publication.
Section 5:
That Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
Section 6:
That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety in the City of Salem, and shall go into immediate effect for the reason that it is immediately necessary to have the provisions become effective to assure a uniform application of the standards of the Preservation District Regulations without interruption.