(a) Purpose and Intent. The Old Town Overlay District is hereby established to preserve the development character and pattern that has occurred over time within both the Historic District and Preservation District. It is the intent of the Old Town Overlay District to maintain, develop, and enhance the distinctive character of Canal Winchester.
(b) Applicability. All properties within Old Town Overlay District will be subject to the following requirements and standards. In cases where the requirements and standards of the Old Town Overlay District conflict with similar requirements and standards of this Zoning Code, the requirements and standards of the Old Town Overlay District shall supersede those of this Zoning Code.
(c) Boundaries. The boundaries of the Old Town Overlay District are shown on the map found in the Canal Winchester Old Town Guidelines. Copies of the Canal Winchester Old Town Guidelines are on file with the Planning and Zoning Department.
(d) Administration of Overlay Regulations. The Historic District and Preservation District in the Old Town Overlay District shall fall under the jurisdiction of the Landmarks Commission. The Landmarks Commission shall administer the regulations contained in Section 1175.01 of this Zoning Code.
(e) Certificate of Appropriateness Required.
(1) No construction, reconstruction, exterior alteration, or demolition shall be made to any property within the Historic District or Preservation District until a Certificate of Appropriateness has been applied for, and issued by, the Landmarks Commission. No Certificate of Zoning Compliance and/or other appropriate permits shall be issued by the Planning and Zoning Administrator for any construction, reconstruction, exterior alteration, or demolition of any structure in the Historic District or Preservation District unless a Certificate of Appropriateness has been issued.
(2) Council shall seek the guidance of the Landmarks Commission for construction, reconstruction, alteration or demolition of any public building, public work, public lands or public utility owned by Canal Winchester when there is a question of landmarks status or historical significance. The Landmarks Commission must provide this guidance in the form of a Certificate of Appropriateness or some other method within sixty (60) days of Council's request.
(3) No Certificate of Appropriateness shall be required for construction, reconstruction, alteration or demolition of any public building, public work, public lands or public utility owned by Canal Winchester when there is not a question of landmarks status or historical significance.
(4) A Certificate of Appropriateness for the change of paint color shall be required for properties within the Historic District and shall not be required for properties in the Preservation District.
(f) Certificate of Appropriateness Procedure for Design Review.
(1) An informal meeting between the Planning and Zoning Administrator and the property owner or applicant is encouraged prior to the submittal of an application for a Certificate of Appropriateness.
(2) Applications for a Certificate of Appropriateness shall be filed with the Planning and Zoning Administrator at least fifteen (15) days prior to the meeting of the Landmarks Commission.
(3) Application Contents. An application for a Certificate of Appropriateness shall contain the following, as applicable:
A. The name, address, and phone number of the applicant.
B. The location of the property in question.
C. If employed, the name and contact information of the architect and/or contractor.
D. A complete description of the proposed alteration, construction, or other external change.
E. A plot plan illustrating the proposed structural or exterior changes including changes in setbacks, facilities, landscaping, screening, fences, walkways, signs, and other relevant structures and fixtures and their relationship to the surrounding structures.
F. A plan indicating changes in site elevations.
G. Description or sample of materials to be used in the proposed project.
H. The names and addresses of adjoining property owners.
I. The applicant may submit sketches, photographs and other illustrative material relevant to the proposed project. In addition, the Planning and Zoning Administrator and/or Landmarks Commission may request such additional information as is deemed necessary to review the application in keeping with the intent of this Ordinance.
(4) The Landmarks Commission shall determine whether the proposed construction, reconstruction, exterior alteration, or demolition will be appropriate to the preservation of the environmental, architectural or historic character of the structure and property in Historic District or Preservation District, pursuant to Section 1175.01(g). The applicant or his representative or agent shall be present at the meeting at which action on the request is to occur.
(5) In determining the appropriateness of a specific alteration or environmental change, the Landmarks Commission may conduct a public hearing on the project and/or solicit input from consultants to the Municipality. If insufficient information is provided to enable the Landmarks Commission to evaluate the application, the Landmarks Commission may table discussion on the application until further information is provided by the applicant. If an application is tabled, the Planning and Zoning Administrator shall notify the applicant of such action, along with a list of the information needed to take action.
(6) After action on the application by the Landmarks Commission, the applicant shall be informed in writing of the decision by the Landmarks Commission.
(7) If no action is taken within sixty (60) days from the date of application, the Certificate of Appropriateness shall be issued as a matter of law. This provision shall not apply if the application is tabled due to lack of information provided by the applicant, or due to the applicant requesting that the application remain tabled.
(8) It shall be the duty of the Planning and Zoning Administrator to monitor the completion of the approved alteration or environmental change, and to notify the Chairperson of the Landmarks Commission if such action is not carried out consistent with the approved application.
(9) A Certificate of Appropriateness shall be conditional upon the commencement of work within one (1) year of issuance. If the work has not been more than fifty (50) percent completed within one and one-half (1 1/2) years of issuance, the certificate shall expire and be revoked by the Planning and Zoning Administrator. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(10) If a Certificate of Appropriateness expires and/or is revoked, and a new certificate or extension is not granted, it is the property owner's responsibility to return the property to its original state prior to issuance of the Certificate of Appropriateness within thirty (30) days.
(11) Once a Certificate of Appropriateness expires or is revoked, only one (1) additional Certificate of Appropriateness shall be approved for the project. After the second Certificate of Appropriateness has expired, the property shall be subject to the requirements of Section 1175.01(10). When the requirements of Section 1175.01(10) have been fulfilled to the satisfaction of the Planning and Zoning Administrator, a new Certificate of Appropriateness application may be submitted for review.
(g) Design Criteria. The following design criteria shall apply to properties within the Historic District and Preservation District, unless otherwise specified:
(1) Architectural Styles. Architecture of submitted new construction shall be in an architectural style which is prominent and appropriate in the Old Town Overlay District. Examples of historic architectural styles in Canal Winchester can be found in the Old Town Guidelines.
(2) Rehabilitation. The rehabilitation of existing structures shall preserve the character, historical significance, and architectural style of the structure. Rehabilitation of a structure shall be appropriate for the time period and style of the structure and a false sense of history shall not be created.
(3) Height. The height of new structures shall be compatible with the height of the existing adjacent buildings, unless the Landmarks Commission finds that it is not in the best interest of the community that a common height be maintained. The height of any building in the Old Town Overlay District shall not exceed the maximum height permitted in the underlying zoning district.
(4) Building Massing. For new construction, the building width, height, surrounding setbacks and style shall be considered in relationship to adjacent structures. This relationship between buildings should allow for consistency of style, size and density in each given neighborhood area.
(5) Materials. Properties in the Historic District shall use traditional building materials such as wood, brick, or stone for rehabilitation or new construction projects. Properties in the Preservation District shall also use traditional building materials such as wood, brick, or stone for new construction projects. Rehabilitation projects in the Preservation District are encouraged to use traditional building materials, but may use man-made materials at the discretion of the Landmarks Commission if the proposed project keeps in character with the existing building, area structures, the Old Town Guidelines, and all other stated design criteria.
(6) Enhancement of Pedestrian Environment. Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies.
(7) Signage. Signage in the Old Town Overlay District shall be subject to the following standards:
A. Signage shall be properly scaled and consistent with the architectural character of the subject building.
B. Signs shall be composed of metal, wood or a wood composite material. Window signs utilizing decals shall be exempt from this material requirement.
C. Internally illuminated signs are prohibited in the Historic District and Preservation District. External lighting is appropriate, but the light source should be placed in an inconspicuous location where it will not obscure other features of the building.
D. No more than one (1) wall, projecting, or awning sign shall be permitted for each business or use. A secondary wall, projecting, or awning sign shall only be permitted when either:
i. A building has a rear or side parking area and rear or side entrance. Such secondary sign shall be located at secondary building entrance facing the parking area.
ii. A building is located on corner property that faces two (2) public streets, not including alleys. In such an instance, one (1) sign shall be oriented toward each public street.
F. Freestanding signs shall be permitted per the following requirements:
i. The setback of a freestanding sign shall be no less than five (5) feet from any property line or public right-of-way.
ii. Freestanding signs shall have a display area of no more than ten (10) square feet per side, a display area of no more than twenty (20) square feet in total display area and a height of no more than six (6) feet.
iii. Multi-tenant freestanding signs shall have a display area of no more than fifteen (15) square feet per side, a display area of no more than thirty (30) square feet in total display area and height of no more than six (6) feet. A single tenant shall not take up more than fifty (50) percent of a multi-tenant sign.
iv. Freestanding signs located in the Old Town Overlay District shall be exempt from Section 1189.08(a)(6) of this Zoning Code which requires the base of such sign to be solid without any gaps and completely flush against the adjacent grade.
(8) Old Town Guidelines. The Old Town Guidelines shall serve as a guide for the review of a Certificate of Appropriateness application. The Old Town Guidelines shall facilitate the Landmarks Commission in their review process in concert with the aforementioned design criteria. It shall be the responsibility of the Landmarks Commission to maintain the Old Town Guidelines.
(h) Appeal.
(1) Whoever is aggrieved or affected by the decision of the Landmarks Commission involving an application for a Certificate of Appropriateness shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Landmarks Commission. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled with thirty (30) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Landmarks Commission's decision, a simple majority vote of the full membership of Council shall be required.
(2) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the Municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(3) In approving a Certificate of Appropriateness on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said Certificate of Appropriateness is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the Certificate of Appropriateness approval.
(Ord. 23-005. Passed 2-6-23.)