(a) Purposes. The purposes of this section are to promote the general community health, safety, convenience and welfare by maintaining a high quality of community development; to protect and preserve the value, use and appearance of property; to promote the stability of property values; and to protect real estate from impairment or destruction of value. These purposes will be served by the regulation of exterior design, use of materials, dimensions, landscaping and orientation of all buildings, other structures and other physical elements hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled in the hereinafter defined Downtown Design District.
These regulations are established to achieve, among others, the following objectives:
(1) To foster community identification and civic pride by maintaining a high quality of design and amenity in the Downtown Design District, which is the traditional focus of community, commercial and governmental activity in the City of Geneva.
(2) To stimulate and protect economic activity in the commercial center and, indirectly, throughout the community, by ensuring the continued economic competitiveness and attractiveness of the City's commercial core.
(3) To protect, preserve, enhance and take best advantage of the historic character afforded the commercial core and the community at large by virtue of the significant number of older historic structures and features in the District.
(b) Definitions. As used in this section:
(1) "Board " means the Architectural Review Board.
(2) "Certificate of appropriateness" means the official document issued by the Architectural Review Board approving and/or concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of any building, other structure or other physical element in the Downtown Design District and declaring the Board's determination that such project complies with the provisions of this Code.
(3) "Downtown Design District" means the area described as the Geneva Downtown Design District, the boundaries of which are described in this Zoning Code.
(4) "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials and all windows, doors, lights, signs and other fixtures appurtenant thereto.
(c) Establishment. There is hereby established a Downtown Design District as a special district under the provisions of Section 1268.01.
The Downtown Design District shall include all lots and buildings, including public properties and rights of way, included with the following areas: That area so designated on the revised Zoning Map of the City of Geneva and as set forth in the Comprehensive Plan of the City of Geneva.
(d) Duties and Powers of the Architectural Review Board. The Architectural Review Board shall have the following duties and powers with respect to the Downtown Design District:
(1) To recommend to Council the geographic boundaries of additions to or changes in the District.
(2) To issue certificates of appropriateness, or to deny the issuance of such certificates, prior to the issuance of any building permits or other permits pertaining to the construction, erection, alteration, removal, moving or demolition of a structure or of any exterior architectural feature on any structure in the District.
(3) To advise the City Council, the Planning Commission, the City Manager, the Zoning Administrator, the Board of Zoning Appeals, other public agencies and property owners in matters involving structures in the District and, further, to assemble and make available information pertaining to funds available for improvements in the District.
(4) To propose to the City Council and the Planning Commission the construction or removal of structures and other improvements in the District.
(5) To enact its own rules of procedure, provided that such rules shall not conflict with any of the provisions of this Zoning Code.
(6) To adopt design standards for the District in addition to and in support of the standards detailed in this Zoning Code.
(7) To assist and advise the City Council and the Planning Commission on the design, amenities, quality, relationships to physical features and other aspects of building and site development plans which relate to the exterior appearance of any project proposed within the District.
(8) To assist and advise the City Council and the Planning Commission with regard to the design, type, location and number of amenities to be constructed in the public right-of-way and on other public properties within the District, including, but not limited to, such amenities as benches, kiosks, landscape plantings, specialized pavement materials, waste receptacles, street lighting and signage.
(e) Certificates of Appropriateness.
(1) No person shall undertake the construction, erection, alteration, removal, moving or demolition of any structure or building in the Downtown Design District where such action will affect the exterior architectural features of such structure of building, unless and until a certificate of appropriateness has been issued by the Architectural Review Board.
(2) Owners of property within the District may request informal reviews of projects prior to submitting applications for building permits or for certificates of appropriateness. The purpose of such informal reviews shall be to enable the owner and/or his or her architect to discuss with the Board District standards as they apply to the project under consideration, to promote coordination with other projects under consideration, to encourage a design process which will result in a design product meeting District standards and to pursue other objectives in keeping with the intent of this Zoning Code. The results of such informal reviews shall not be binding upon the Board or property owner.
Owners of property may request such informal reviews by submitting a letter of request to the Zoning Administrator. The review will be scheduled at the next Board meeting.
(3) Any person intending to undertake the construction, erection, alteration, removal, moving or demolition of any building, structure or other physical element in the Downtown Design District shall prepare and submit to the Zoning Inspector an application for a certificate of appropriateness upon forms provided by the Zoning Inspector.
The applicant shall also provide such other information, in the form of reports, drawings and/or samples of materials, as the Zoning Inspector may request and as are necessary to enable the Board to make a determination with regard to compliance with the requirements of this Zoning Code. At a minimum, the information submitted should clearly represent the intended design of the building, structure or feature as it is intended to be built and accurately describe dimensions, locations, colors, materials and other characteristics of the design. Representation should also be made of any existing exterior architectural feature proposed to be altered or removed.
(4) The Zoning Inspector shall submit such application, together with the related plans and specifications, within five days of receipt thereof, to the Board, for consideration at its next regular meeting.
(f) Review of Applications for Certificates of Appropriateness.
(1) At the first regular or special meeting of the Board, after receipt by the Board of the application for a certificate of appropriateness and related informational materials for the proposed construction, erection, alteration, removal, moving or demolition, the Board shall review the application.
With respect to any demolition, the Board shall determine whether or not preservation is economically feasible for the applicant and shall approve the project if denial would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.
(2) In determining whether or not a project will be approved, the Board shall consider whether the proposed change will affect adversely or destroy any significant feature of the structure, whether it is appropriate or inconsistent with the spirit and purpose of this section and whether it will affect adversely or destroy the general significance or economic viability or value of the District. The Board shall also examine the proposal with respect to the standards detailed in this Zoning Code.
(3) If the Board determines that the applicant has not provided sufficient information with the application to enable the Board to make a determination regarding the compliance of the proposed project with the conditions of this Zoning Code, then the Board shall so advise the applicant and shall withhold decision on the application for a period not to exceed thirty days. The Board shall advise the applicant of the information needed to make a determination.
(4) If the Board recommends that the certificates shall be issued, the Board shall submit its recommendation, in a written report, to the Zoning Inspector, who shall then issue the certificate of appropriateness. The written report shall include the location of the proposed work, the exterior changes contemplated and the findings of the Board and/or the recommendations of the Board as to the granting of a certificate.
(5) If the Board recommends that the permit not be issued, it shall advise the applicant of any changes which would secure the approval of the Board and shall withhold denial of a permit for a period not to exceed twenty days in order that the applicant may submit to the office of the Zoning Inspector an amended application and supporting materials.
(g) Conflicts of Interest. No person appointed to the Architectural Review Board shall participate in the review of, and/or give advice upon, any work in which he or she or his or her partner, professional associate or associates or family member has any direct or indirect interest.
(h) Appeals. Denial by the Board may be appealed to the City Council by the applicant. Such appeals shall be submitted to the Clerk of Council within ten days after the date the Board issues a decision.
The appeal shall be submitted in the form of a letter describing the reasons for the appeal, including an explanation of those elements of the Board's decision or review process which were in conflict with this Zoning Code.
In acting on the appeal, City Council shall consider the provisions of this Zoning Code, the application and accompanying information presented to the Board, the record of the Board's actions and the arguments presented by the applicant in the letter of appeal.
In order to overturn a decision of the Board, City Council must, by a simple majority vote, determine that the actions of the Board were in conflict with the provisions of this Zoning Code. City Council shall issue such opinion in writing, shall include an explanation of those actions of the Board which were in conflict with this Zoning Code and shall direct the Zoning Inspector to issue the certificate. The Clerk of Council shall send a copy of Council's written determination to the Board.
(i) Design Standards. The Architectural Board of Review, in deciding whether to issue or deny a certificate of appropriateness, shall evaluate each proposed project to determine whether such project promotes the purposes and intent of this Zoning Code and complies with the specific provisions of this Zoning Code. In conducting its review, the Board shall make examination of and give consideration to all of the elements of the proposed project and shall conduct such review utilizing, at a minimum, the following guidelines and standards:
(1) The Architectural Board of Review shall evaluate each project involving an existing building or structure with respect to compliance with the Standards for Rehabilitation established by the Secretary of the Interior:
A. Compatible re-use. Every reasonable effort shall be made to provide either a compatible use for a property consistent with the City of Geneva Comprehensive Plan, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
B. Preservation of features. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.
C. Respect for period features. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
D. Respect for changes over time. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.
E. Sensitivity for distinctive features. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building or site shall be treated with sensitivity.
F. Repair of deteriorated architectural features. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
G. Proper cleaning methods. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
H. Protection of archaeological resources. Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
I. Compatible contemporary additions. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
J. New additions. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(2) The Architectural Board of Review shall evaluate each project with respect to compliance with the general recommendations for the District and specific recommendations for each existing structure contained in the report titled "Geneva: Revitalization Through Preservation," prepared for the City by Kent State University, School of Architecture and Environmental Design, dated 1983. The contents of said report are appended to original Ordinance 2337, passed October 20, 1992, and are hereby adopted and incorporated in this Zoning Code by reference.
(3) The Architectural Board of Review shall evaluate, at a minimum, the following elements of each proposed project involving new or existing structures or spaces. Each element, whether on an existing or proposed building or structure, shall be considered with regard to:
A. Compatibility with the original design of an existing structure itself.
B. Internal consistency of the overall design.
C. Compatibility and appropriateness of the design with relationship to adjacent and nearby properties.
D. Compatibility and appropriateness in relation to the pedestrian and vehicular environments.
E. Compatibility and appropriateness as an element of the District itself.
(4) With regard to the review of the designs of new structures, it is not required that any particular architectural style or historic period be reflected in the design (except as required in paragraph (i)(3)A. hereof), but that each design be complementary and compatible in its elements with the design of its surroundings.
At a minimum, the following elements of a project design shall be considered:
A. Height. The height of a building or structure above the street grade.
B. Window treatment. The size, shape, color and materials of the individual window units and the overall harmonious relationship of window openings.
C. Exterior detail and relationships. 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 and the patterns of color and textures of surface materials.
D. Roof shape. The type, form and materials of the roof and elements thereon.
E. Materials. The content, texture and color of materials.
F. Landscape design and plant materials. The use of grass, flowers, shrubs, trees, planting containers, mulches, rocks, fencing, walls, other screening and various landscape decorative treatments.
G. Pedestrian environment. The provision of features which enhance pedestrian movement and convenience and which relate to the pedestrian's visual perspective, including such elements as walkway paving materials, signage, benches, waste containers, kiosks, bus shelters and bicycle racks.
H. Signage. The size, shape, color, materials, message and other characteristics of all proposed signage, including signs intended for advertising and directional purposes.
I. Lighting. The lighting, in terms of the appropriateness of night-time illumination of the grounds, drives, walks, parking areas, buildings and signage, and its visual and functional effect upon the surrounding areas.
J. Mechanical equipment and utility installations. Heating and ventilating equipment, elevators, electric and gas meters, overhead wiring and other appliances which shall be evaluated for their effects upon rooftop appearance, the design of front, rear and sidewall openings, sound levels, smoke and other nuisance aspects.
K. Approaches, drives and parking areas. Approaches, drives and parking areas, which shall be considered in terms of paving material, necessary extent of paved area, location, convenience and their relationship to adjacent buildings and properties.
(j) Emergency Remedies and Routine Maintenance Exceptions. Nothing in this section shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the City upon certification of an unsafe condition constituting an emergency. Similarly, nothing in this section shall be construed to govern or restrict routing maintenance activities which do not represent alterations in exterior appearance.
(Ord. 2337. Passed 10-20-92.)