(a) Limitations on Issuance of Building and Demolition Permits. No construction, reconstruction, addition, demolition or removal of any building or significant exterior architectural feature thereof to any listed local historic landmark, contributing building, or any other structure within an historic district shall be undertaken prior to obtaining a Certificate of Appropriateness from the Planning Commission and a Certificate of Zoning Compliance from the Zoning Official, if applicable. No Certificate of Zoning Compliance
shall be issued by the Zoning Official for the construction, addition, demolition or removal of a listed local historic landmark, contributing building or non-contributing building or historic site in or outside of an historic district, except in cases falling within the exclusion set forth in this section, unless the application for such permit is approved by the Planning Commission through the issuance of a Certificate of Appropriateness in the manner prescribed herein.
(b) Certificate of Appropriateness.
(1) Applicability.
A. When the owner of a listed local historic landmark, contributing building or non-contributing building or historic site intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or an accessory building exceeding 150 square feet in floor area located on the same lot as the local historic landmark, contributing or non-contributing building, unless said accessory building is designated as an historic site, or when the owner intends to subdivide the lot, they shall first apply for and secure a Certificate of Appropriateness. A Certificate of Appropriateness is required for any exterior change to the building or its property, as otherwise regulated by this section.
B. The application for a Certificate of Appropriateness shall be filed with the Zoning Official with such plans, specifications, and other materials as the Village requires, on such forms provided by that Department.
(2) Procedure.
A. Once an application for a Certificate of Appropriateness is filed with the Zoning Official, it shall be scheduled on the agenda of the next available meeting of the Planning Commission, except, however, that such application shall have a hearing within 45 days of the receipt of the completed application and necessary attachments by the Village. The Zoning Official shall notify the applicant and adjoining property owners of the hearing date. At the hearing, the Planning Commission shall approve the application or make suggestions to modify the application for approval at its next meeting.
B. Within 30 days after the hearing is closed, the Planning Commission shall file a report approving the Certificate of Appropriateness, approving the Certificate of Appropriateness with conditions, or denying the application and shall provide a copy of that report to the applicant.
C. If the application is not heard by the Planning Commission within 45 days or no report is filed within 30 days after the hearing, the Certificate of Appropriateness shall be considered approved by the Planning Commission.
D. An application shall be deemed filed only when it contains the plans, specifications, and other materials prescribed by the Village.
E. A denial of a Certificate of Appropriateness application may be appealed to Village Council according to the provisions of Section
(3) Standards and Guidelines for Reviewing Applications.
A. Standards. In considering an application for a Certificate of Appropriateness, the Planning Commission shall be guided by the following Standards, which are based on the Secretary of the Interior's Standards for Rehabilitation. These standards pertain to buildings of all occupancy and construction types, sizes and materials. They apply to permanent or temporary construction on the exterior as well as new, attached or adjacent construction. However, not all of the Standards will apply to each proposed project.
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a property shall be retained and preserved. The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible.
3. All properties shall be recognized as products of their own time. Changes that have no historical basis and seek to create an earlier appearance, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. Changes that may have taken place over time are evidence of the history and development of a property. These changes may have acquired significance in their own right and such significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship that characterize a property shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, then the new feature should match the feature being replaced in composition, design, color, texture, and other visual qualities and, where possible, materials. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures, if appropriate, shall be undertaken with the gentlest means possible. Sandblasting and other abrasive or high-pressure cleaning methods that will damage historic building materials shall not be used.
8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property and its environment.
10. 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 historic property would be unimpaired.
B. Recommended Techniques, Treatments and Methods. Specific information on recommended techniques, treatments and methods may be found in Illustrated Guidelines for the Treatment of Historic Properties, Preservation Briefs and other technical publications published by the Technical Preservation Services Division of the National Park Service. These are available through the NPS website, www.cr.nps.gov/hps/tps or the Ohio Historic Preservation Office.
C. Supplemental Guidelines. The Planning Commission may supplement the Standards by issuing supplemental guidelines. These guidelines are meant to assure that any alteration of historic properties preserves and protects the historic character of those resources. These guidelines shall be submitted to the Village Council for review and approval prior to their becoming effective. Once approved, these guidelines shall be made available by the Village to interested parties in order to provide them guidance in designing work and submitting requests. Planning Commission shall review and update the supplemental guidelines during the first Planning Commission meeting of each year and then immediately submit same to the Village Council for approval.
(c) Demolition.
(1) The Planning Commission shall consider the following criteria in evaluating applications for demolition of a historic property.
A. Economic hardship. The owner can demonstrate to the satisfaction of the Planning Commission that preservation of the historic property will cause substantial economic hardship for the applicant, as defined in Section
B. Non-significant elements. The demolition request is for an inappropriate addition or a non-significant portion of a historic property and the demolition will not adversely affect those parts of the historic property that are significant as determined by the Planning Commission.
C. Non-contributing buildings. Non-contributing buildings may be demolished if the demolition will not adversely affect the character of the district. Any new construction on the cleared site will be subject to the applicable guidelines per Section
(2) The Planning Commission's determination on a proposed demolition of a historic property shall be based upon a balance of the foregoing criteria with the burden upon the applicant to establish that he or she is entitled to a Certificate of Appropriateness. In making any such determination, the Commission shall be guided by the principle that the demolition of a historic property constitutes an irreplaceable loss. The reasoning of the Planning Commission in reaching any such decision and the results of its balancing of the foregoing criteria shall be clearly stated either in the minutes of the proceeding or in a separate written report.
(3) If an application for a Certificate of Appropriateness seeks approval of demolition of a historic property, the Planning Commission may delay determination of the application for a period of up to 180 days upon a finding that the historic property is of such importance that alternatives to demolition may be feasible and should be actively pursued by both the applicant and the Planning Commission.
A. In the event that action on an application is delayed as provided herein, the Planning Commission, or its designated committee, may take such steps as it deems necessary to preserve the structure in accordance with the purposes of this ordinance. Such steps may include but are not limited to, consultation with civic groups, public agencies and interested citizens, marketing plans, recommendation for acquisition of the property by public or private bodies or agencies and exploration of the possibility of moving the historic building or other significant features of the historic property.
B. Upon the imposition of a waiting period, the Planning Commission, or its designated committee, shall undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the historic property. The commission and the applicant shall investigate the feasibility of all means of preserving the historic property. During this period the commission and the applicant shall make every reasonable effort to find a feasible alternative to demolition for the historic property. If the Planning Commission finds that a feasible alternative to demolition exists, then the certificate of appropriateness for demolition shall be denied. The Planning Commission shall give written notice to the applicant when the Planning Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.
(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12- 8-20.)