(a) Purpose. The purpose of the Downtown Architectural District is to maintain a high character of community development, to protect and preserve the property values and to protect real estate from impairment or destruction of value for the general community welfare by regulating the exterior architectural characteristics of structures through the hereafter defined Architectural District. It is the further purpose of this Zoning Ordinance to recognize and preserve the distinctive historical and architectural character of this community which has been greatly influenced by the architecture of an earlier period in this community’s history. These purposes will be served by the regulation of exterior design, use of materials, the finish grade line, landscaping and orientation of all structures hereinafter altered, constructed, reconstructed, erected, enlarged, or remodeled in the hereinafter defined Downtown Architectural District.
(b) Permitted Uses.
(1) Any use permitted in any Residential District, “R-1", “R-2" and “R-3", and any use permitted in the “C-1" General Commercial District.
(2) A “Zoning Use” permit is required for the commencement of any of the specific uses set forth within the “C-1" General Commercial District and such “Zoning Use” permit is, also required for a change of existing permitted use to another permitted use.
(c) District Boundaries.
(1) There is hereby established an Architectural District which shall include the entire Block as defined within the area of Main Street, commencing at the intersections of St. Clair Avenue and South Street with South Main Street to the intersection of Spring Street with North Main Street and that part of Market Street commencing at the intersection of Jamison Street with West Market Street to the intersection of Buffalo Street with East Market Street and that part of Court Street from West Market Street to South Main Street. Warren Street to first alley east and west from South Main Street and South Ohio Street from East Market to first alley.
(2) The “A-1" Downtown Architectural District includes all of the above described area. See attached map of Downtown Architectural District.
(d) Application and Notice:
(1) Whenever a structure, as defined by this Zoning Ordinance, whether public or private, within the above described district is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement or remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for certificate of appropriateness shall be filed with the Zoning Inspector.
(2) The application shall be accomplished by a site plan and building elevations drawn to scale indicating at a minimum, the lot dimensions, size, shape, and dimensions of the structure, the location and orientation of the structure on the lot and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, landscaping and orientation of the structure. Applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by fifty percent (50%) or more, shall be accompanied by appropriate, relevant colored elevations showing at a minimum, the design, use of materials, finish grade line, landscaping and orientation of buildings and any significant architectural features. In addition, the Board of Architectural Review may require submission of colored perspectives or architectural renderings in applications where the Board feels it is required.
(3) Upon receipt of an application for a certificate of appropriateness, which is accompanied by the materials required by the provision of subsection (2) hereof, the Zoning Inspector shall place the application on the agenda for the Board of Architectural Review and its next regular meeting following ten (10) days from the date the application is filed. The Zoning Inspector shall further cause to be published in a newspaper of general circulation within the Village of Cadiz, a public notice of the scheduled hearing date of the application together with a general description of the nature of the application. The applicant shall be notified by mail of the date of the hearing.
In addition, there shall be a notice posted on the subject property stating that an application has been filed and the date, time and place of the hearing.
(e) Board of Architectural Review. The Board of Architectural Review shall consist of five (5) members who shall be appointed by the Mayor and approved by the Village Council. These members shall be residents of the Village of Cadiz.
(f) Certificate of Appropriateness Standards for Review.
(1) The Board of Architectural Review, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes, preserves and enhances the distinctive historical Village character of the community and would not be at variance with existing structures within that portion of the district in which the structure is or is proposed to be located as to be detrimental to the interests of the Districts as set forth in this Zoning Ordinance. The Board shall assure that any renovation or restoration of existing structures shall meet the U.S. Secretary of the Interior’s standards for Rehabilitation, as listed at the end of this chapter. In conducting its review, the Board shall make examination of and give consideration to the elements of the application including, but not necessarily limited to:
A. Height. With respect to impact upon any adjacent structures, height limitations found elsewhere within this Zoning Ordinance and capable of fire protection.
B. Building massing. Which shall include the relationship to the viewer’s and pedestrian’s visual perspective.
C. Window treatment. Which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of window openings. Consideration will be given to returning to original condition, windows covered over or reduced in size by previous renovation, and also the introduction to window space such devices as awnings, air conditioners, fans and signs.
D. Exterior detail and relationships. Which shall include all projecting and receding elements of the exterior, including but not limited to, porches and overhangs and the horizontal or vertical expression which is conveyed by these elements.
E. Roof. Including the type, form and material composing the roof, as well as the shape and symmetry of the roof area, eaves, gutters and down spouts.
F. Materials. Texture and color, which shall include a consideration of material compatibility among various elements of the structure. Colors shall be appropriate to the period during which the structure was built.
G. Compatibility of design and materials. Which shall include the appropriateness of the use of exterior design details. Particular attention shall be given the use of appropriate or inappropriate siding material and materials covering over features significant to the integrity of the structure.
H. Landscapes design and plat materials. Which shall include lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views.
I. Pedestrian environment. Which shall include the provision of features which enhance pedestrian’s visual perspective.
1. No vending machines of any type shall be placed within Village sidewalk right-of-way. Property owners shall not cause to be placed within the sidewalk right-of-way any object or structure without prior approval of the Board of Review.
2. All sidewalk furniture, including but not limited to, benches and trash receptacles, shall be of conforming style. No such items shall be placed within the sidewalk right-of-way without prior approval of the Board of Review.
J. Signage. Which shall include the appropriateness of Signage to the building and vicinity. All signs shall be clearly legible. All new signs shall be mounted flush to the building front and of colors appropriate to the building to which affixed and to the Downtown Architectural District. Preference shall be given to signs made of wood, or painted on the windows of businesses.
Signs not attached to buildings shall be considered individually in their merits by the Board of Architectural Review. All such signs must be setback beyond the sidewalk right-of-way.
Installation of all signs shall be approved in advance by the Board of Review.
K. New structures. All new structures within the Downtown Architectural District shall be of architectural style similar to structures in the immediate vicinity. Complete plans for all new structures shall be submitted to the Board of Review for approval.
(2) In conducting its inquiry and review, the Board may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Board shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to the application.
(3) When its review is concluded, the Board will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved. If approved by four (4) or more of its members, the Board shall return the application and appended material to the Zoning Inspector with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit and zoning use permit, if applicable, are met. The certificate of appropriateness shall be valid for one (1) year from the date of approval, or such extension as may be granted by the Board. If not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein.
(g) Preservation of Property upon Demolition of a Structure.
(1) Whenever a structure within the Downtown Architectural District “A-1" is proposed to be demolished, an application for a certificate of appropriateness shall be filed with the Village of Cadiz Zoning Inspector as provided in this chapter. In considering such application, the Board of Architectural Review shall limit its inquiry to the proposal for grading, landscaping and other design treatment of the property once the structure has been removed.
(2) Nothing in this chapter shall be construed to prevent the demolition of a structure whether public or private, within the District.
(h) Repair or Maintenance Exception. Nothing in this chapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the District.
(i) Appeals. The Board of Architectural Review shall decide all applications for architectural review not later than thirty (30) days after the first hearing thereon.
(1) Any person, firm or corporation, or any officer, department, board or agency of the Village who has been aggrieved by any decision of the Board involving an application for architectural review approval may appeal such decision to the Village of Cadiz Board of Zoning Appeals, by filing notice of intent to appeal with the Zoning Inspector within ten (10) days from the date of the decision, setting forth the facts of the case.
(2) The Board of Zoning Appeals shall conduct a public hearing on the request for appeal, the hearing shall be held not later than sixty (60) days after a final decision has been rendered by the Board of Architectural Review. The Board of Zoning Appeals, by a majority vote of its members, shall decide the matter and its decision shall be final.
(3) If no notice of intent to appeal is filed with the Zoning Inspector within the period specified in paragraph (1) hereof, the Board of Zoning Appeals may at the option of a majority of its members and not later than ten (10) days following the expiration of the appeal period, elect to review any architectural review decision of the Board of Architectural Review. The Board of Zoning Appeals shall schedule a public hearing on the matter which shall not be held more than sixty (60) days after a final decision was rendered by the Board of Architectural Review. At a public hearing, the Board of Appeals may by a majority vote of its members, shall decide the matter and its decision shall be final.
(j) Penalty. It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation adopted by Council. Any person, firm or corporation violating any regulation thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. 97-27. Passed 6-19-97.)