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(a) The owner of an historic structure or any structure within an Historic District, regardless of whether such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
(b) The provision of subsection (a) hereof shall be in addition to all other applicable provisions of these Codified Ordinances.
(c) The Historic Preservation Area Committee, on its own initiative, may file a petition with the City Manager requesting that the Manager proceed to take action against any property owner which, in the opinion of the Board, is in violation of subsection (a) hereof.
(Ord. 1993-54. Passed 10-5-93.)
(a) No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the Municipality without having obtained the required certification of a zoning and building permit. Permits are required for but not limited to, the following types of work; new construction, reconstruction, additions, alterations, fences, siding (vinyl, aluminum, wood, etc.), window enlargements, decks, garages, carports, storage sheds, awnings, canopies, roofing work and swimming pools. Such certification or permit should not be issued unless the plans for the proposed structure of work fully comply with the provisions of the Zoning Ordinance. (Ord. 2016-31. Passed 11-16-16.)
(b) Demolition Permit Required. No person shall demolish any building or structure within the municipality without having the required certification of a demolition permit.
(c) A demolition permit is required for the demolition of any structure within the City limits. Any building or structures within the design district or the historical district shall also have the design review/historical preservation committee approval prior to the application for the demolition permit.
(d) Application. Application for a certification of demolition shall be made in writing to the Zoning Inspector. Each written application shall include the following:
(1) Name, address and telephone number of the applicant.
(2) Existing zoning.
(3) Signature of owner.
(e) Prior to the issuance of the demolition permit, the following information shall be provided along with a completed demolition application:
(1) The owner and contractor shall be required to comply with all applicable state, local and federal laws and regulations relating to the proposed demolition including but not limited to inspection requirements, and the abatement, removal and disposal of hazardous material.
(2) Written copy of verification from each of the utility companies: electric, gas, telephone, cable or satellite television service, water, and sewer that service has been disconnected at the location. Additionally, sewer connection (s) shall be properly capped.
(3) Certificates of insurance from either the owner or contractor evidencing general liability insurance in the amount of one million and no/100 dollars ($1,000,000.00) providing coverage for demolition.
(f) The cost of the demolition permit fee is fifty dollars ($50.00) except that the fee for the demolition of sheds and decks shall be ten dollars ($10.00).
(g) The permit shall be issued within ten (10) days of the completed application being submitted.
(h) Upon completion of the demolition of any building or structure, the property shall be backfilled, seeded, mulched and repaired to existing grade. No construction, building, or other non-biodegradable materials shall be backfilled into the site.
(i) Foundation(s) of any demolished structures shall be removed to a depth of three (3) feet below the existing grade, and basement floor(s), if any, shall be broken apart, punctured or otherwise demolished to prevent water accumulation.
(Ord. 2014-31. Passed 8-20-14; Ord. 2023-32. Passed 9-6-23.)
When the owner of a property within the Design Review/Historic District or owner of a listed property intends to construct, reconstruct, alter, relocate or demolish any portion of a structure within the District or of a listed property, he shall first apply for and secure an approval from the Committee. The application for an approval shall be deposited with the City's Zoning Inspector, together with such plans, specifications and other material as the Committee may from time to time prescribe.
(a) Within thirty days, the Committee shall consider the applications, plans and specifications, and determine:
(1) Whether any "exterior architectural feature" is involved, and
(2) Whether a certificate of approval shall be issued or denied. If the Committee determines that no architectural feature is involved, it shall approve the request by a majority vote of its members and authorize the Zoning Inspector to issue a certificate of approval (zoning permit), subject to all other ordinances of the City.
(b) In the event the Committee finds that an architectural feature is involved, the committee shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter, the Design Review/Historic District of listed property. In making such determination, the committee shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Committee. When the committee considers a National Register nomination and other actions (for example, an archaeological site) which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Committee, the Committee shall seek expertise in this area before rendering its decision. In the case of archaeological property, the Committee shall seek professional help from Youngstown State University.
(c) The Committee may require any person applying for a certificate of approval or request any person whose interests appear adverse to those of the applicant, to file with the Committee prior to any hearing or determination, information concerning the applicant's intentions, or such person's adverse interests or intentions.
(d) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect upon the Design Review/Historic District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Committee Secretary shall cause notice to be given to the Zoning Inspector for the issuance of permits.
(e) If the Committee determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect upon the Design Review/Historic District or listed property, and does violate the spirit and purpose of these preservation regulations, then the Committee shall deny approval.
(f) In the event that the Committee determines within the thirty day review period that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration or demolition of any area, place, building, structure site, object or work of art. The Secretary of the Committee shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Committee. Any appeal to a decision of the Committee shall be taken to the Board of Appeals in accordance with Section 1127.03.
(g) Upon denying a certificate of approval, the Committee shall impose a waiting period of at least thirty days, but not to exceed six months from the date of disapproval, during which time the committee shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Committee and the applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Committee may henceforth grant an approval.
(h) In the case of denial of an approval for demolition:
(1) The Committee and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Committee and applicant shall investigate the feasibility of all means of preserving the listed property. If the Committee and applicant do not agree on a means of preserving the structure at the initial meeting, then they shall continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Committee in good faith, in the time specified, then the Committee's denial of the application shall stand.
(3) If, after holding such good faith meetings in the waiting period specified by the Committee, the Committee determines that failure of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial derogation from the purposes of this chapter, then and in such event, the Secretary of the Committee shall cause notice to the Zoning Inspector to issue the permit for such proposed construction, reconstruction or alteration.
(4) If, after holding such good faith meetings in the waiting period specified by the Committee, no alternative solution to incompatible construction, reconstruction or alteration is reached, then the applicant may appeal the decision in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)
(a) Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not less than ten dollars ($10.00) nor greater than one hundred dollars ($100.00) for each day the violation continues.
(b) Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this chapter, shall be required to restore this property and its site to its appearance prior to its violation. Any action to enforce this subsection shall be brought forth by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(Ord. 1993-54. Passed 10-5-93.)