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(a) Relationship to Base Districts: The HPD or HP is the designation of an additionally restricted zone, or specific property restrictions for an historic property, within any zone, which may be applied to existing zoning districts as described herein. When such a district or property is established, the HPD or HP shall be shown as an indication to the underlying districts by the designation of HPD for Historic Preservation District, or HP for Historic Properties, on the zoning map.
An HPD or HP may cross or transit several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein.
(b) Nomination Procedure: The Heritage Advisory Board may propose to the Commission nominations of any area, place, building, public interior portion of a building, structure, work of art or other object as an HPD or HP. In the case of an HP, if the Heritage Advisory Board does not propose a nomination, the owner of the proposed HP may directly propose to the Commission such nomination. In the case of an HPD, if the Heritage Advisory Board does not propose a nomination, the owners of a majority of the properties within the proposed HPD, as measured by the foot frontage of all properties within the proposed HPD, may directly propose to the Commission such nomination. The signature on such proposal of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. Proposals for nomination must be on one or more standard publicly available forms promulgated by the Heritage Advisory Board. The nomination of an HPD or HP shall not constitute nomination of any public interior portion of such area, place, building or structure unless the public interior portion is specifically identified as part of the proposal for nomination. A proposal for nomination shall specify which specific site improvements are included in the proposal for nomination, and any improvements not specified shall be deemed not to have been nominated.
(c) The Commission may establish from time to time such procedures and policies with respect to nominations and other matters described in this chapter. Moreover, the Commission may, where appropriate, issue specific unique historic guidelines to govern any such designated HPD or HP. The purpose of such guidelines are to assist the Architectural Board of Review to limit its judgment and review procedures to design and engineering issues, rather than its own independent view of historic appropriateness, which are hereby expressly left in the province of the Commission with the advice of the Heritage Advisory Board.
(d) Considerations for Nomination: In considering the nomination of any area, place, building, public interior portion of a building, structure, work of art or other object in the City as an HPD or HP, the Commis-sion shall apply the following criteria with respect to each property. One (1) or more or the following must apply:
(1) The character, interest or value as part of the heritage of the City, the region, State of Ohio or the United States;
(2) The location as a site of a significant historic event;
(3) The identification with a person or persons who significantly contributed to the historic development of the City;
(4) An HPD's or HP's exemplification of the cultural, economic, social, archeological, or historic heritage of the City;
(5) The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) The embodiment of distinguishing historical characteristics of a group of people in an era of history characterized by a distinctive architectural style;
(7) HPD's or HP's identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) HPD's or HP's embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;
(9) HPD's or HP's unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City, itself at large;
(10) HPD's or HP's having yielded or its likelihood of yielding information important to the understanding of prehistory or history.
(e) Additional Considerations for an HPD: In addition to meeting at least one (1) of the above criteria, a proposed HPD must also meet the following criteria in order to be designated an HPD:
(1) The area within the proposed boundaries must have a high degree of historic integrity, without excessive loss of architectural or historic character.
(2) The area within the proposed boundaries must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(f) Additional Considerations for an HP: In addition to meeting at least one (1) of the criteria listed in subsection (c) above, a proposed HP must also meet the following criteria in order to be designated an HP:
(1) The proposed HP must have a high degree of historic integrity, without excessive loss of architectural or historic character.
(2) The proposed HP must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(g) Nomination by the Commission: After a hearing, the Commission may nominate certain areas, places, sites, buildings, public interior portions of buildings, structures, works of art and other objects as eligible to be designated as either an HPD or an HP.
(h) Nomination Not Self-Executing: Once the Commission has approved a nomination of any certain areas, places, sites, buildings, public interior portions of buildings, structures and works of art and other objects as eligible to be designated either an HPD or an HP, the secretary of the Commission shall schedule a public hearing on the designation of the HPD or HP. The rules of this chapter, or the unique historic guidelines adopted by the Commission for any HPD or HP, are not effective until the HP or HPD is designated by the Commission.
(i) Consent for Historic Designation: Prior to the hearing on designation of the nominated property or district, the person(s) who submitted the proposed nomination to the Commission shall attempt to secure the written consent, on a publicly available form promulgated by the Heritage Advisory Board, of the affected property owner(s) to the designation of a property or district as an HP or HPD. However, written approval is not required for the property to be determined as an HP or HPD. The signature on such form of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. The Commission shall proceed to the public hearing on the question of the proposed designation and may defer action in its discretion while consent is being solicited.
(j) The application for designation and all accompanying submissions shall be reviewed and studied by the Commission prior to its decision. The Commission shall give due consideration to the advice of the Heritage Advisory Board, such consents to designation and comments as have been filed with it, and the views as may have been expressed by persons participating in the hearing before the Commission, as well as any other relevant information brought before the Commission, in making its decision with respect to the proposed designation of each HPD or HP by a majority vote of its members.
(Ord. 15-14. Passed 3-17-2014.)
(k) The Commission shall determine whether said area, place, site, building(s), public interior portions of a building, structure(s), works of art and other objects shall be designated as an HPD or HP. In the event the owner of a property nominated as an HP, or each owner within a district nominated as an HPD, does not consent to designation, the Commission may only designate an HP or HPD by a vote of at least four of its members, or otherwise the Commission may designate an HP or HPD by a majority vote of a quorum of its members. Regardless of any current National Register of Historic Places status, an HPD or HP must be locally determined by the Commission for this chapter to apply.
(Ord. 6-18. Passed 6-18-2018.)
(l) The Commission may approve by majority vote unique historic guidelines for a created district or a specific historic property. The Commission shall schedule a public hearing on the question of such guidelines, which may be a separate hearing or which may coincide with a hearing for nomination or designation. If specific architectural guidelines are not created, the Secretary of the Interior's Standards for Rehabilitation shall apply to an HPD or HP for Architectural Board of Review purposes.
(m) Applications for nomination and designation which have been denied by the Commission may be resubmitted by the original applicant within ten (10) days from the date of ruling, if a request is made in writing by the applicant setting forth the grounds thereof. If the Commission determines by vote that valid grounds have been submitted, a rehearing shall be granted. If the request is not made within ten (10) days from date of ruling, no application on the same proposed HPD or HP may be made to the Commission by any party for a period of six (6) months from the date the original application was denied. The filing of an application for a rehearing shall not be deemed to extend the time permitted by law for the filing of an appeal to the Courts.
(n) Notice Procedures for Public Hearing on Nomination or Designation:
(1) Notice of any public hearing called under this chapter shall be made in accordance with Lakewood Codified Ordinances no less than seven (7) days before the hearing; said notice shall state the time, place and purpose of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the ordinances.
(2) No less than seven (7) days prior to a public hearing, the Commission additionally shall give written notice of a public hearing, stating the time, place and purpose to all owners and residents of property in and within two hundred (200) feet of the property for which either an HPD or an HP nomination or designation is proposed.
(Ord. 15-14. Passed 3-17-2014.)
Location of an HPD or HP is limited to the C1 Commercial Office, C2 Commercial Retail, C3 Commercial General Business, C4 Commercial Public School Districts, R1H Single-Family, high density, R1M Single-Family, medium density, R1L Single-Family, low density, R2 Single- and Two-Family, L Lagoon, MH Multiple-Family, high density and ML Multiple-Family, low density, Residential Districts. (Ord. 15-14. Passed 3-17-2014.)
(a) No person shall make any alteration or demolition with respect to any property designated historic that is situated in a determined HPD or has been determined an HP unless a certificate of appropriateness has been previously issued with respect to such property. With respect to any such alteration or demolition, the owner of the property to be altered or demolished shall first apply for and secure a certificate of appropriateness from the Architectural Board of Review. In addition, any improvements or changes undertaken within public rights-of-way within an HPD also require a certificate of appropriateness from the Archi-tectural Board of Review.
(b) Unless the Commission has previously approved unique historic guidelines, the Architectural Board of Review when considering an application for a certificate of appropriateness shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate and shall refer to the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time, and which on the date of the adoption of this chapter are as follows:
(1) A property shall be used for its historic purpose or placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an HP shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to the historic materials and structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and environment would be unimpaired.
(c) In the case of archeological properties, the Architectural Board of Review shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook or successor publication(s).
(d) Approval Not Self-executing Where the Commission has Issued Unique Historic Guidelines: When unique historic guidelines have been established, if the proposed construction, reconstruction, alteration or demolition is determined by the Architectural Board of Review to be appropriate, then the Architectural Board of Review shall approve the certificate of appropriateness, subject to a final additional review by the Commission.
(e) Denial: If the Architectural Board of Review determines that the proposed construction, reconstruction, alteration or demolition is inappropriate, then the Architectural Review Board shall deny the certificate of appropriateness.
(f) Notice of Denial to Applicant: In the event that the Architectural Board of Review denies an application for a certificate of appropriateness, the secretary of the Architectural Board of Review shall forthwith notify the applicant in writing and transmit to him/her a copy of the reasons for denial and recommendations, if any, of the Architectural Board of Review.
(g) Effect of Denial: Upon denying an application for a certificate of appropriateness, the Architectural Board of Review shall impose a waiting period to not exceed thirty (30) days from the date of disapproval during which the applicant may develop a compromise proposal. With respect to an application involving a demolition, the Architectural Board of Review may, at its discretion, extend the aforementioned waiting period a maximum of one (1) year from the date of disapproval. If both parties accept a compromise proposal, the Architectural Board of Review may henceforth approve a final certificate of appropriateness, unless unique historic guidelines have been adopted by the Commission and pertain, in which case any compromise must also be approved by the Commission.
(h) Negotiations During Waiting Period for Demolition: In the case of a denial of an application for a certificate of appropriateness for demolition:
(1) The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the property. If the aforementioned do not agree on a means of preserving the property at the initial meeting then they may continue to undertake meaningful and continuing discussion with the purpose of finding a method of preserving the property.
(2) If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.
(3) If, after holding such good-faith meetings in the waiting period as specified above, and after reviewing a substantial hardship statement filed by an applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review shall approve a certificate of appropriateness for such proposed demolition.
(i) Negotiations During Waiting Period for Alteration: In the case of denial of an application for a certificate of appropriateness for construction, reconstruction or alteration:
(1) The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the historic integrity of the property. The aforementioned shall investigate the feasibility of all means of preserving the historic integrity of the designated property. If the aforementioned do not agree on a means of preserving the historic integrity of the property at the initial meeting, then they may continue to undertake meaningful and continuing discussion of the purpose of finding a method of saving the historic integrity of the property.
(2) If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.
(3) If, after holding such good faith meetings in the waiting period, and after reviewing a substantial hardship statement filed by the applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship or burden to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review can approve a certificate of appropriateness for such proposed alteration.
(j) Alternative Summary Procedures Not Requiring Board or Commission Action: The Director, or his/her designee, may administratively approve an application for a certificate of appropriateness for the following activities:
(1) Repair or replacement of gutters and downspouts, provided there is no change in material or location.
(2) Exterior wall insulation provided the exterior holes are repaired with a matching material. For vinyl or aluminum siding, the necessary siding shall be removed prior to the work and then reinstalled. Insulation work that requires venting of any type that appears on the exterior of a structure requires a certificate of appropriateness.
(3) Re-roofing, only with like material and if the original style and shape of the roof is not altered.
(4) Storm windows and storm doors, provided that the item(s) installed:
A. Does/do not significantly alter the visual effect of the opening;
B. Is/are compatible with the character of the building;
C. Does/do not require the removal of original windows and/or doors.
(5) Repair of the surface of driveways, parking or loading areas or walkways with like material.
(k) Summary Procedures Report: The Director shall provide to the Architectural Board of Review a summary of the certificates of appropriateness for each administrative approval issued.
(l) As long as the following activities do not result in alteration to the HPD or HP, they are approved:
(1) Exterior and interior painting; and
(2) Landscaping improvements, referring only to the planting or arrangement of trees, shrubs, flowers and plants.
(m) If no action has been taken by the Architectural Review Board or the Director, or his/her designee, on an application for a certificate of appropriateness within sixty (60) days after such application has been received by the Architectural Review Board, the certificate of appropriateness shall be deemed issued.
(Ord. 15-14. Passed 3-17-2014.)
(a) An applicant who has been denied a certificate of appropriateness may, within thirty (30) days of the denial, request a finding of substantial hardship and submit a substantial hardship statement based on economic impact or other substantial burden. Such a request shall include a sworn statement or affidavit in support. The Commission may hold a public hearing on the substantial hardship statement.
(b) All of the following criteria shall be considered to determine the existence of a substantial 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 on the applicant because the applicant cannot reasonably maintain the property in its current form.
(3) No reasonable alternative exists consistent with the architectural standards and guidelines for the property.
(4) The owner has been unable to sell the property utilizing best efforts.
(5) Previous alterations have interfered with the architectural character of the HPD or HP and the character defining features to illustrate the style or type are lost, and to return the HPD or HP to its original character is not reasonable.
(6) If the owner is a not-for-profit organization, and it is financially or physically infeasible to achieve its charitable purpose while conforming to the pertinent architectural standards and guidelines.
(7) A court of competent jurisdiction has required the owner to abate any violation of these ordinances within a time frame that does not comport with the requirements of this chapter.
(8) Denial will result in a substantial burden as set forth in the applicant's sworn statement or affidavit in support.
(c) In considering a substantial hardship statement, the Commission may solicit expert testimony or request that the requesting party submit evidence concerning property value, cost estimates, income expenses, and/or any other information that the Commission deems necessary to determine whether the denial of the request constitutes a substantial hardship. The level of documentation required may vary as is appropriate to each case. The requesting party may submit any personal or proprietary information to the staff of the City for a confidential review, and such information shall be returned to the requesting party, and a summary or evaluation of the information shall be provided to the Commission without disclosure of the specific personal or proprietary information.
(d) The Commission shall act upon a request for a finding of a substantial hardship within a period not to exceed six (6) months from the original date of the denial of a certificate of appropriateness or two (2) months from the date the Commission receives all requested supporting material, whichever is later. If no action has been taken by the Commission within this period, the request shall be deemed granted, unless the time is extended upon by mutual agreement. Upon the denial of a request, the requesting party shall be notified by mail.
(Ord. 15-14. Passed 3-17-2014.)
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