Recognizing the need to balance the benefits of preserving the City's existing quality and character against the benefits of responsible renewal and redevelopment of the City's aging housing stock, the Architectural Review Board is charged with reviewing all applications for Certificates of Appropriateness where any demolition, complete or partial, is requested within the R-1, R-2, R-3, R-6, R-12, or residential-only structures in PUD districts.
(a) No primary building or structure or significant accessory structure such as a carriage house shall be demolished, partially demolished or removed until an application with respect to such demolition or removal has been submitted to and reviewed by the Board, and the Board has issued a Certificate of Appropriateness, except when demolition is determined by the Building Department to be required to abate a nuisance or eliminate an unsafe building as defined in Section 1476.01 of the Building and Housing Code.
(b) Application for Demolition. The application shall include the following:
(1) A statement as to whether such structure is, or is not, historically or architecturally significant and worthy of preservation, together with relevant supporting information;
i. In the case of a structure which is historically or architecturally significant and worthy of preservation, the reasons for the proposed demolition, including proof of substantial economic hardship or unusual and compelling circumstances.
(2) A site plan showing existing structures, driveways, and all existing trees and shrubs.
(3) A definite plan for reuse of the site, including proposed replacement structures, landscaping, a time schedule for the replacement project, and an assessment of the effect of the demolition and proposed replacement project on the subject property and the neighborhood.
(c) Process for Review. The Board, in deciding whether to issue a certificate of appropriateness approving the demolition or removal of an existing building or structure, shall determine the following:
(1) That the structure to be demolished or removed is not historically or architecturally significant and worthy of preservation or;
(2) If it is historically or architecturally significant and worthy of preservation, that denial of a certificate of appropriateness would cause:
i. A substantial economic hardship, or;
ii. That demolition is justified by the existence of unusual and compelling circumstances.
(3) The Board may request and consider, among other evidence, a report concerning the proposed demolition and existing structure from a registered architect, historical conservator or other person with appropriate preservation experience.
(4) The Board shall also apply the criteria in this section in determining whether it shall recommend, pursuant to Chapter 1256 of the Zoning Code, approval of a development plan or an amendment to a development plan for a Planned Unit District, which contemplates the demolition or removal of existing.
(d) Criteria to Determine Preservation Significance. The following criteria shall be used by the Board in determining whether a structure is historically or culturally significant and worthy of preservation:
(1) The age and condition of the structure.
(2) The quality of the structure's architectural design, detail, use of materials or construction.
(3) The importance of the structure to the character and quality of the neighborhood.
(4) The significance of the design or style of the structure to the historical, architectural or cultural development of the City, central Ohio, the State or nation; or
(5) The impact on the City's real property tax base of restoration versus replacement and/or removal.
(e) Criteria to Determine Substantial Economic Hardship. The following criteria shall be used by the Board in determining whether denial of a certificate of appropriateness would cause a substantial economic hardship:
(1) Denial of a certificate will result in a substantial reduction in the economic value of the property.
(2) Denial of a certificate will result in a substantial economic burden because the structure cannot be maintained in its current form at a reasonable cost.
(3) Denial of a certificate will result in a substantial economic burden because the cost of preserving or restoring the structure will impose an unreasonable financial burden.
(f) Criteria to Determine Unusual and Compelling Circumstances: The following criteria shall be used by the Board in determining whether the certificate is justified by the existence of unusual or compelling circumstances:
(1) The preservation or restoration of the structure is not structurally feasible.
(2) The proposed replacement plan is superior to retention of the existing structure.
(3) The proposed replacement plan is more compatible that the existing structure with existing structures and uses within the portion of the District in which the subject property is located.
(4) Demolition is required to eliminate a condition which has a materially adverse effect on adjoining properties or the neighborhood, and demolition is consistent with the purposes of this chapter.
(g) Demolition of Detached Garages. In order to preserve the historic stock of enclosed off-street parking spaces within the City, no detached garage shall be demolished, partially demolished or removed until an application with respect to such demolition or removal has been submitted to and reviewed by the Board, and the Board has issued a Certificate of Appropriateness. In no circumstance shall demolition of a detached garage be approved without a replacement plan, if said demolition would reduce the number of enclosed parking spaces below two enclosed off-street parking spaces.
(Ord. 29-16. Passed 11-15- 16; Ord. 08-20. Passed 7-14-20; Ord. 11-21. Passed - -21.)