(a)   The City Planning and Zoning Commission shall annually, at its first meeting in January of each year, elect a Chairperson and Vice-Chairperson to serve for a period of one year.

   (b)   All meetings of the City Planning and Zoning Commission shall be public. The City Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact. The City Planning and Zoning Commission shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Planning and Zoning Code.

(Ord. 9605. Passed 12-29-51; Ord. 159-1957. Passed 6-24-57; Ord. 18-2018. Passed 2-5-18; Ord. 55- 2018. Passed 5-7-18.)

   There is created in the office of the Planning and Zoning Commission the position of Secretary. Such Secretary shall be appointed by the Commission and shall be supervised by the Commissioner of Zoning.

   The Secretary shall keep the docket of the Commission and its files and shall keep the minutes of the proceedings of the Commission. The Secretary shall perform such other duties as may be delegated and authorized by the Commission, including making provision for the service of notices of hearings and the publication of the same when required.

(Ord. 8877. Passed 3-28-49; Ord. 55-2018. Passed 5-7-18.)

   (a)   All applications for a change of zoning, appeals and use district exceptions, all permits for which the approval or recommendation of the City Planning and Zoning Commission is required, either by statute or by ordinance, all approvals or acceptances of plats and/or dedications or vacations of streets, all appeals from the decisions of the Commissioner of Buildings, and all other applications either required or permitted under this Planning and Zoning Code, shall be filed with the City Planning and Zoning Commission and shall be acted upon according to law by the Commission prior to any such applications being considered by Council.

(Ord. 178-1959. Passed 9-14-59.)

   (b)   Any person filing an application for a change in zoning, for a use district exception or for a permit or grant authorized by this Planning and Zoning Code, or any appeal, shall pay a fee to the City Planning and Zoning Commission, as established in Section 1703.65.

(Ord. 49-1994. Passed 3-21-94; Ord. 40-2003. Passed 3-3-03; Ord. 55-2018. Passed 5-7-18.)

   In any case where Council on its own motion amends the regulations or districts, Council may waive the fee provided for in Section 1301.03.

(Ord. 7725. Passed 6-7-43; Ord. 55-2018. Passed 5-7-18.)

   There is created in the office of the City Planning and Zoning Commission the position of Commissioner of Zoning. Such Commissioner of Zoning shall be appointed by the City Planning and Zoning Commission and shall serve at the pleasure of the City Planning and Zoning Commission.

(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)

   (a)   The Commissioner of Zoning shall receive for filing all applications which may or are required by law to be filed with the City Planning and Zoning Commission. In addition thereto, he or she shall investigate any zoning violations, enforce the planning and zoning laws of the City, act as advisor to the City Planning and Zoning Commission, perform research and conduct investigations for such Commission, serve all notices and subpoenas on behalf of such Commission and perform such other duties as may be delegated, authorized or assigned to him or her by the City Planning and Zoning Commission.

   (b)   The Commissioner of Zoning shall review all Certificates of Occupancy and shall approve the same only if the premises and structures located thereon fully comply with all of the zoning laws of the City. No Certificate of Occupancy shall be valid or effective until such time as it is signed by the Commissioner or Zoning.

(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)

   (a)   Any decision of the Commissioner of Buildings, made in the enforcement of this Planning and Zoning Code or the Building Code, or any decision of the Manager of Housing Programs, made in the enforcement of the Housing Code, or in the issuance or refusal of a permit by the Commissioner of Buildings, may be appealed to the Planning and Zoning Commission by any person claiming to be adversely affected by such decision.

   (b)   The Commission may affirm, reverse or modify the action or decision of the Commissioner of Buildings or the Manager of Housing Programs. The Commission shall have the power to direct the Commissioner of Buildings to issue the proper permits or the Commission itself may issue such permits. The City Planning and Zoning Commission shall also have all the powers of the officer from whom an appeal is taken.

(Ord. 69-1996. Passed 3-18-96; Ord. 55-2018. Passed 5-7-18.)

   The City Planning and Zoning Commission shall have power to prescribe rules and regulations for the enforcement of this Planning and Zoning Code, and for such purposes may conduct hearings and make orders for the enforcement of any provision, rule or regulation of any zoning ordinance or of any use district classification.

(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)

   The City Planning and Zoning Commission, by a majority of those present at any regular or special meeting thereof, shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any matter before the Commission.

   No person shall disobey a subpoena, refuse to be sworn, unlawfully refuse to answer as a witness or unlawfully refuse to produce books, papers or other evidence as may be ordered by such subpoena.

(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)

   Every person, either natural or corporate, who shall be subpoenaed to appear before the City Planning and Zoning Commission to give testimony or other evidence shall be paid the sum of ten dollars ($10.00) for such appearance. All persons so subpoenaed to appear before the City Planning and Zoning Commission to give testimony or other evidence shall, in addition to the witness fee of ten dollars ($10.00) as provided for in this section, be paid at the rate of twenty cents ($0.20) per mile for travel to and from the place where they are ordered to appear to give such testimony or evidence. The residence or place of business of the witness, whichever is nearer, shall be used in computing the number of miles for which such witness shall be compensated as provided for in this section.

(Ord. 55-2018. Passed 5-7-18.)

   The City Planning and Zoning Commission shall adopt rules and regulations for the approval of plats. It shall have the power and authority, subject to the confirmation and approval of Council, to approve plats for the subdivision of land and to approve the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places. It shall act as an administrative board for recommendation to Council of any change, amendment or alteration to the Zone Map, any use district or any regulation affecting a use district, and shall return its recommendation to Council within forty-five days after the receipt of a request for such recommendation, except as otherwise specifically provided for in this Planning and Zoning Code.

(Ord. 44-1962. Passed 3-19-62; Ord. 55-2018. Passed 5-7-18.)

   (a)   The Planning and Zoning Commission shall have the power, upon application, to grant variances from the provisions and requirements of this Zoning Code. No variance shall be granted unless the Commission finds that the applicant has demonstrated practical difficulties that unreasonably deprive the applicant of the permitted use of the property.

   (b)   In granting a variance, the Planning and Zoning Commission may impose such requirements and conditions regarding the location, character, and other features of the proposed uses or structures as the Commission deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard file public safety and welfare.

   (c)   Nothing in this section shall be construed as authorizing the Commission to affect changes in the zoning regulations or map, to add to the uses permitted in any district, or to approve a use on a property not otherwise authorized in the district in which the property is located.

(Ord. 55-2018. Passed 5-7-18.)

   The Planning and Zoning Commission shall weigh the following factors in determining whether the applicant has encountered practical difficulties in the use of the property.

   (a)   Whether the conditions upon which the application for variance is based are unique to the property for which the variance is sought are not ordinarily found in other properties within the same zoning classification;

   (b)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

   (c)   Whether the variance is substantial;

   (d)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

   (e)   Whether the variance would adversely affect the delivery of governmental services;

   (f)   Whether the property owner purchased the property with the knowledge of the zoning restrictions;

   (g)   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

   (h)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.

(Ord. 55-2018. Passed 5-7-18.)

   Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   As used in this chapter:

   (a)   “Alteration” means any design, material or color change to the external architecture features of any landmark structure or any structure located within the Landmark District.

   (b)   “Building change” means any alteration, demolition, removal or construction to a landmark structure which is located within a Landmark District.

   (c)   “Certificate of Appropriateness” means the official document issued by the Landmark Commission or the Architectural Board of Review and approving and/or concurring in any application for a permit for the alteration, construction, demolition, removal, or environmental change of a site, for property designated as a landmark or located within a Landmark District.

   (d)   “Construction” means the erection of new structures in Landmark Districts or on the sites of landmark structures and of additions to existing landmark structures.

   (e)   “Demolition” means the substantial deterioration or complete or substantial removal or destruction of any landmark structure or any structure which is located within the Landmark District.

   (f)   “Environmental change” means any change to the site surrounding a landmark structure or within a Landmark District, including, but not limited to, fences, signage and major landscaping.

   (g)   “Landmark District” means any area that contains structures which:

      (1)   Have historic significance;

      (2)   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;

      (3)   Cause such area, by reason of such factors, to constitute an identifiable area; and

      (4)   Have been designated as a Landmark District pursuant to this chapter's provisions.

   (h)   “Rehabilitation” means the process of returning a property to a state of utility, through repair or alteration, 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.

   (i)   “Removal” means the deletion of any exterior architectural feature from a landmark structure or from any structure which is located within a Landmark District.

(Ord. 19-2003. Passed 2-3-03; Ord. 214-2007. Passed 11-5-07.)

   There is hereby established the Euclid Landmark Commission which shall consist of five members appointed by the Mayor and approved by a majority of Council, one of which shall be a member of the Euclid Historical Society for the following terms: two for a term expiring December 31, 2005; two for a term expiring December 31, 2004; and one for a term expiring December 31, 2003. Subsequent appointments to such Board shall be for a term of three years each. All appointed members must have demonstrated an interest, experience or knowledge in history, architecture or related disciplines. At least two members must be preservation-related professionals, including but not limited to the fields of architecture, architectural history, history, archaeology, planning or related disciplines, provided, however, that such professionals are available in the community, as determined by the Mayor. Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointments and confirmations. Vacancies must be filled within sixty days, unless extenuating circumstances require a longer period, where an extension may be given in writing upon petition of the City. 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, shall have the same powers and perform the same duties, and shall receive the same compensation as a regular member during the term of his or her appointment.

(Ord. 19-2003. Passed 2-3-03.)

   The purpose of the Landmark Commission is to designate landmarks in the City, pursuant to the procedures hereinafter described, to preserve, protect and perpetuate neighborhoods, properties, building, structures, works of art or similar objects having a special historical, community or aesthetic interest or value, all for the reasons described in the remainder of this section.

   (a)   To safeguard the heritage of the City of Euclid, by preserving sites and structures which reflect elements of the City's cultural, social, economic, political or architectural history;

   (b)   To stabilize and improve property values;

   (c)   To protect and enhance the City of Euclid's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;

   (d)   To enhance the visual and aesthetic character, diversity and interest of the City of Euclid;

   (e)   To foster civic pride in the beauty and notable accomplishments of the past;

   (f)   To promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City of Euclid.

(Ord. 19-2003. Passed 2-3-03.)

   Each member of the Landmark Commission shall have been a resident of this City for not less than five years prior to his or her appointment to the Commission and have demonstrated appreciation and interest in the history of the City. Council may waive the residence requirement provided herein.

(Ord. 19-2003. Passed 2-3-03.)

   No compensation shall be paid to any member of the Landmark Commission for services performed on this Commission.

(Ord. 19-2003. Passed 2-3-03.)

   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.

(Ord. 19-2003. Passed 2-3-03.)

   (a)   The Landmark Commission shall hold such meetings as may be provided by its rules and all such meetings shall be held in the City Hall, or in another location as may be appropriate under Ohio law and local rule.

   (b)   Notices for said meetings shall be delivered to the Clerk of Council no later than three calendar days prior to each meeting.

(Ord. 19-2003. Passed 2-3-03; Ord. 214-2007. Passed 11-5-07.)

   (a)   The members of the Landmark Commission annually shall choose one of its number to serve as chairman for a period of one year or until his or her successor has been chosen.

   (b)   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 all transactions dealt with by the Commission. In addition, the secretary shall perform such other functions as the Commission may direct.

(Ord. 19-2003. Passed 2-3-03.)

   (a)   The Landmark Commission may designate a neighborhood, property, building, structure, work of art or similar object in the City as a landmark or a Landmark District. No privately-owned property, building, work of art, or similar object shall be designated a landmark without the consent of the owner thereof. The Landmark Commission, on its own initiative, may apply for designation of a building, place, work of art or object, district, or neighborhood as a landmark or Landmark District. Any owner of property may apply to the Commission for designation of property, building, work of art or object owned by him or her as a landmark. In determining whether or not to designate such neighborhood, property, building, structure, work of art or similar object as a landmark, the Commission shall consider 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 of Euclid, State of Ohio or the United States.

      (2)   Its location as a site of a significant historic event.

      (3)   Its identification with a person or persons who significantly contributed to the culture and development of the City of Euclid.

      (4)   Its exemplification of the cultural, economic, social or historic heritage of the City of Euclid.

      (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 of Euclid.

      (8)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.

      (9)   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.

      (10)   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City of Euclid.

      (11)   Such other individual characteristics as shall be relevant to its designation as a landmark.

   (b)   After any required public hearing has been concluded, the Landmark Commission shall then determine whether or not to designate the neighborhood, property, building, structure, work of art or similar object as a landmark or Landmark District and shall communicate notice of its decision to the owner of such property.

   (c)   Designation of a neighborhood, property, building, structure, work of art or similar object as a landmark or Landmark District shall occur during a regularly scheduled meeting of the Landmark Commission. The Landmark Commission shall communicate notice of its decision to the owner of such property.

   (d)   If the City shall determine to seek designation as a landmark or Landmark District for any building, structure or facility which it owns, the application for such designation must be authorized and approved by a majority of Council members.

(Ord. 19-2003. Passed 2-3-03; Ord. 214-2007. Passed 11-5-07.)

   (a)   The Landmark Commission shall maintain complete records of all properties designated as landmarks in a book kept for such records in the office of the Clerk of Council. This designation shall also be noted in the Building Division records of the City.

   (b)   The Landmark 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 of Euclid.

(Ord. 19-2003. Passed 2-3-03.)

   (a)   The owner of any property designated as a landmark shall make no substantial change to any part of the landmark property or within a designated Landmark District without a Certificate of Appropriateness from the Landmark Commission, if such proposed change adversely affects any significant historical or aesthetic feature of the property, including but not limited to alterations and demolitions, thereby making it inappropriate for such property to continue to be designated a landmark.

   (b)   Nothing herein contained would prohibit the owner of such property from making corrections to such property to remedy a condition dangerous to life, health, or property.

   (c)   When the owner of a landmark property wishes to make a change in the exterior appearance of such property, then he or she shall apply to the Landmark Commission for a Certificate of Appropriateness, stating in detail the change(s) he or she wishes to make in such property, submitting such written material to the Landmark Commission, together with appropriate drawings, plans and other information necessary to explain the proposed change(s).

   (d)   Applications for the Certificate of Appropriateness shall be filed with the Building Department in such form as may be prescribed by the Landmark Commission prior to the issuance of any building or demolition permit.

   (e)   The Landmark Commission shall include the Secretary of the Interior's Standards for Rehabilitation and the Advisory Council of Historic Preservation's Treatment of Archeological Properties: A Handbook as guidelines for approving the Certificate of Appropriateness application for any proposed changes to a landmark property or within a designated Landmark District.

   (f)   The Landmark Commission may approve the request for change as described in the Certificate of Appropriateness application submitted by the owner or modify the change requested by the owner, or reject the proposed change, all in accordance with its original criteria describing indicia for landmark designations, and the criteria set forth in the Certificate of Appropriateness.

   (g)    If the owner determines to proceed with the proposed change against the rulings of the Landmark Commission, then the Commission may, after 60 days notice of such intent to the owner of the subject property, remove the designation of the subject property as a landmark in the City of Euclid.

   (h)   An owner of a landmark property who, without applying to and/or appearing before the Commission for a Certificate of Appropriateness, makes substantial changes to the property, which may adversely affect any significant historical or aesthetic feature of the property, shall be in violation of this provision. The Commission may, after 60 days notice of such intent to the owner of the subject property, remove the designation of the subject property as a landmark in the City of Euclid.

   (i)   Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules and regulations of the City.

(Ord. 19-2003. Passed 2-3-03; Ord. 214-2007. Passed 11-5-07.)

   The Landmark Commission shall have the following powers and duties in addition to those otherwise specified in this chapter:

   (a)   The Commission shall conduct a continuing survey of all neighborhoods, properties, 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,

   (b)   The Commission shall work for the continuing education of the citizens 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.

   (c)   The Commission shall have authority to establish rules and regulations consistent with the provisions of this chapter and the spirit of its purpose, to assist the Commission in evaluating applications for landmark designations submitted to it, the manner in which such application are processed, and the proper and orderly conduct of its business.

   (d)   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.

   (e)   The Commission may require approval by the Architectural Review Board for any proposed landmark or any change to a landmark of an architectural nature.

(Ord. 19-2003. Passed 2-3-03.)

   Nothing in this chapter 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, Fire, or Health Departments shall certify in writing is required by the public safety because of an unsafe or dangerous condition.

(Ord. 19-2003. Passed 2-3-03.)

   The owner of any property designated as a landmark shall undertake no new construction on the landmark property or within a designated Landmark District without a Certificate of Appropriateness issued by the Architectural Board of Review. Notwithstanding any other provisions of this chapter, only architectural design compatible with other historic buildings in approved Landmark Districts in the City shall be approved for any new construction by the Architectural Board of Review in Landmark Districts. However, the Architectural Board of Review can petition City Council in writing to waive this requirement, which can come into effect provided Council hears advice and recommendations from a representative of the Landmark Commission and a majority of Council permits this waiver.

(Ord. 19-2003. Passed 2-3-03; Ord. 214-2007. Passed 11-5-07.)

   Persons aggrieved by any decision of the Landmark Commission may appeal to the Planning and Zoning Commission, in writing, within 30 days. The Planning and Zoning Commission may seek the advice and counsel of the Architectural Board of Review in rendering its decision. The Planning and Zoning Commission's decision is final.

(Ord. 214-2007. Passed 11-5-07.)

   Any person violating the provisions of this chapter by failing to perform any act required by this chapter or performing any act prohibited by this chapter shall be deemed in violation of the Planning and Zoning Code of the Codified Ordinances of the City of Euclid and such violation shall be punishable under Section 1301.99 of the Planning and Zoning Code.

(Ord. 19-2003. Passed 2-3-03.)