(a) Established. There is hereby established the Historic District Board of Architectural Review to be composed of five (5) members.
(b) Composition. The Historic District Board of Architectural Review shall be composed of five members who are taxpayers, residents and/or property owners, and/or tenants of the Village of Barnesville with at least one member being a taxpayer, resident and/or property owner, and/or tenant in the Historic District. Members shall have a demonstrated interest, or experience, or education in history, architecture or other design related profession, as well as a commitment to the future of the Village of Barnesville. The members of the Board shall be appointed by the Mayor who shall consult with the Barnesville Area Development Council and consider their suggested candidates for the appointments. A majority of the membership of Village Council is necessary to confirm the appointments. Each appointed member shall serve a term of three years and may be reappointed for terms of three years, except that the initial appointments shall be as follows: one member appointed for a one year term, two members appointed for a two year term, two members appointed for a three year term. The term of each member shall run from January 1 of the year of appointment and end December 31 as to each respective term. Thereafter, as terms expire or as vacancies occur, designations shall be made by the Board for those members not otherwise designated by Council or the Mayor, and submitted to the Mayor for appointment. Any vacancy shall be filled for the balance of the unexpired term. If any vacancy is not filled within thirty (30) days of the vacancy, the Board shall make the appointment and notify the Mayor and Council of its action. The members of the Historic District Board of Architectural Review shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of their official duties if approved by Village Council. Board members may be removed for just cause by the Mayor with approval of Council.
(c) Powers and Duties. The Board of Architectural Review shall:
(1) Review and act upon all applications for Certificates of Appropriateness and Permits as required in Section 1361.05.
(2) Develop and establish rules and procedures not otherwise included in this section for processing applications for Certificates of Appropriateness and Permits to Move, Remove or Demolish. Such additional rules and procedures shall not be adopted by the Board until recommended to and approved by Council.
(3) Develop, adopt and publish factors, criteria and guidelines not otherwise included in Section 1361.07 to be considered in granting or denying Certificates of Appropriateness and Permits to Move, Remove or Demolish, provided that such additional factors, criteria and guidelines shall be consistent with the provisions of this chapter and within such standards, rules, regulations and procedures as Council may establish.
(4) Develop and establish administrative procedures not otherwise included in this section which shall be as uniform as practicable and shall not be in conflict with the procedures established in this section.
(5) Be responsible for making effective the provisions of this chapter with respect to the Historic District.
(6) Retain professional or technical consultants and such other experts as may be required to perform its duties, within the appropriations made available therefore by Council.
(7) In addition to the above, the Board has the responsibility to enforce required maintenance as in Section 1361.11.
(d) Rules and Procedures.
(1) Generally. The rules of the Board of Architectural Review and its procedures for processing applications for Certificates of Appropriateness and Permits to Move, Remove or Demolish are as follows.
(2) Members, Officers and Duties.
A. The Board of Architectural Review shall consist of five members who have demonstrated special interest, experience or education in history, architecture or other design related profession, as well as commitment to the future of the Village of Barnesville. Board of Architectural Review appointments are further regulated by Section 1361.06
(b).
. B. A chairperson shall be elected by the Board of Architectural Review. The Chairperson shall decide all points of order and procedure. The Chairperson shall appoint committees as necessary to study matters before the Board of Architectural Review.
C. A Vice Chairperson shall be elected by the Board of Architectural Review. The Vice Chairperson shall preside as Acting Chairperson in the absence of the Chairperson, or as Acting Secretary in the absence of the Secretary.
D. A Secretary shall be elected by the Board of Architectural Review. The Secretary shall record votes and keep minutes of the meetings.
E. The election of Officers shall be held during the first meeting of the Board. Thereafter, the election of officers shall be held in January.
F. No Board of Architectural Review member shall take part in the review or determination of an application in which he has a personal or financial interest.
G. The Board of Architectural Review shall prepare and submit to Council an annual report of its activities and recommendations for modifications or additions to these Rules and Procedures.
(3) Meetings.
A. The Board shall hold a regular meeting once each month in the Municipal Building unless otherwise directed by the Board. The meetings will be held on the date established by the Board at its annual organizational meeting.
B. Special meetings of the Board may be called by the Chairperson provided a notice of such meetings is provided to the members and local media not less than 48 hours prior to time of special meetings.
C. Whenever there is no business for the Board, the Chairperson may dispense with a regular meeting by giving notice to all members and the local media not less than 24 hours prior to the time set for the meeting.
D. A majority of the Board shall constitute a quorum, and such quorum shall be capable of conducting any business before the Board. However, an affirmative action vote by a majority of the quorum is necessary to act on an application.
E. All meetings of the Board shall be open to the public. Notice of all meetings shall be provided to the Board, Mayor, Village Administrator, Council, other affected parties as required and the local media. The order of business shall be:
1. Call to order
2. Minutes of the last meeting
3. Announcements
4. New business
5. Old business
6. Committee reports
7. Adjournment.
(4) Application Procedures.
B. Before it can be considered at a meeting of the Board, an application along with any supporting documents shall be filed with the Village Clerk prior to the next scheduled meeting of the Board. In order for an application to be reviewed and approved, the applicant shall submit a drawing, photographs, and specifications. The documents shall accurately represent the proposed alterations or additional and new construction. The Village Clerk will place the applicant on the next meeting's agenda and forward the submission copies to all Board members. No application for a Certificate of Appropriateness or Permit to Move, Remove or Demolish shall be considered by the Board unless proper application has been made through the Village Clerk to the Board Secretary.
C. Minimum Submission Requirements.
1. Alterations:
a. Photographs of existing conditions.
b. Drawings indicating any changes to the physical appearance.
c. An outline describing work and to procedures to be performed.
2. New Buildings and Additions to Existing Buildings.
a. Photographs of the existing site or building and adjoining buildings.
b. Site plan and elevation drawings to scale showing the design, indicating drives, roads, parking, walks, retaining walls, signs, fences, landscaping, doors, windows, decoration, materials, finishes and other features accurately representing the proposed design.
3. Moving, Removing or Demolition.
a. Photographs of the existing building or structure.
b. A written description from the owner indicating reasons for the moving or demolition.
c. If the building is listed on the U. S. National Register of Historical Places, approval by the National Register shall be required prior to the issuance of a Permit by the Board.
4. Signage.
a. Photographs of the existing conditions.
b. Site plan and/or elevation drawings to scale correctly locating the sign.
c. Sign drawing to scale showing each face of the sign, overall size, size of letters and graphics, sign and frame materials and colors, post materials and colors, anchorage details, light source and other features accurately representing the proposed sign design.
d. Materials samples, shop drawings and manufacturer's literature, as deemed necessary.
D. The applicant and/or the applicant's agent shall attend the scheduled Board meeting to present the proposed project and answer any questions members of the Board may have.
E. Any prospective applicant desiring a preliminary review of work he/she is proposing shall make such request to the Village Clerk to be placed on the agenda for the next meeting.
F. There are no formal submission requirements for informal review. Applicant can submit the proposal to the Board in any form he/she feels is appropriate. Informal review is to take place before an application is filed.
G. Any party may appear in person or by an agent at the meeting of the Board at which an application is considered. The order of review for a Certificate of Appropriateness or Permit to Move, Remove or Demolish shall be as follows:
1. The Chairperson shall give a preliminary statement concerning the application and areas of review.
2. The applicant or applicant's agent should present the proposal, describe the objectives and how the design reinforces these objectives.
3. Statements by Village officials, local preservation associations or other interested persons should be presented as directed by the Chairperson.
4. The Board shall discuss the presentation as it responds to the Matters and Criteria to be Considered in Approving Certificates and Permits described in Section 1361.07
and other design factors the Board may consider. The Chairperson shall summarize the critique and conclude the presentation.
5. The Board shall vote and announce its decision on any matter properly before it not later than thirty (30) days after the conclusion of the presentation on the matter unless the time is extended by mutual agreement between the Board and the applicant; the failure of the Board to vote and announce its decision within said thirty days or within such longer period of time, extended by mutual agreement between the Board and the applicant shall constitute approval of the application.
6. If there is an appeal taken to the Village Council from any denial of a Certificate of Appropriateness or a Permit to Move, Remove or Demolish, the Board of Architectural Review shall forward its reasons in writing to the Village Council.
7. Any denial by the Village Council may be appealed to Court of Common Pleas of Belmont County.
(5) Enforcement.
A. Failure to Comply.
1. Whoever constructs, reconstructs or alters any building, structure sign, site element or exterior architectural feature within the Historic District without a Certificate of Appropriateness from the Board shall be deemed guilty of a minor misdemeanor and shall be subject to a fine of not more than one hundred dollars ($100.00). Each day of violation can be considered a separate offense.
2. Whoever demolishes a substantial part of all of any building or structure within the Historic district without a Permit from the Board shall be deemed guilty of a minor misdemeanor and shall be subject to a fine of not more than one hundred dollars ($100.00). Each day of the violation can be considered a separate offense.
3. Anyone subject to a fine levied by the Board of Architectural Review shall have the right to appeal to Village Council.
B. Failure to Perform: Whoever receives a Certificate of Appropriateness or Permit from the Board and constructs, reconstructs, alters or demolishes any building, structure, sign, site element or exterior architectural feature other than in accordance with the requirements of the Certificates or Permit, shall be deemed guilty of a minor misdemeanor and shall be fined no more than one hundred dollars ($100.00). Each day of the violation can be considered a separate offense.
1. Anyone subject to a fine levied by the Board of Architectural Review shall have the right to appeal to Village Council.
C. Amendments to a Certificate of Permit: At any time prior to completion of work under a Certificate or Permit, an applicant may apply for an amendment to the Certificate or Permit.
D. The Architectural Board of Review, upon a majority vote of a quorum of its members, is empowered to issue a stop work order for any work that is subject to a Certificate or Permit where one has not been granted, or where the terms of which are not being complied with. Such order shall be delivered to the property owner, or posted conspicuously on the site subject to the violation.
E. These Rules and Procedures, within the limits of the law, may be amended by a majority vote of the Board at any regular or special meeting, provided such amendments shall be first presented in writing to the Board thirty working days prior to the meeting and further provided that such amendments are approved by Council.
(Ord. 1875. Passed 2-1-93.)