CHAPTER 1171
Historic Preservation

1171.01   Purpose.

1171.02   Definitions.

1171.03   Historic Preservation Commission established.

1171.04   Duties of the Historic Preservation Commission.

1171.05   Designation of Historic District or listed property.

1171.06   Limitations on issuance of building and demolition permits.

1171.07   Certificate of approval.

1171.08   Permitted uses.

1171.09   Historic Preservation Districts.

1171.99   Penalty.

1171.01 PURPOSE.

   The purposes of this chapter are:

   (a)   To establish procedures whereby certain areas, places, sites, buildings, structures, objects and works of art shall be allowed that measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolition before such acts are performed, so that the following objectives are reached:

      (1)   To maintain and enhance the distinctive character of historical buildings and historic areas in the City;

      (2)   To safeguard the architectural integrity of the City's listed properties and historic resources within designated districts;

      (3)   To safeguard the heritage of the City be preserving areas, places, sites, buildings, structures, objects and works of art which reflect elements of the City's cultural, social, economic, political, architectural or archaeological heritage;

      (4)   To seek alternatives to demolition or incompatible alterations within designated areas and to listed properties before such acts are performed;

      (5)   To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards;

      (6)   To encourage development of vacant properties in accordance with the character of the designated districts and listed properties.

   (b)   To contribute to the economic, recreational, cultural and educational development of the City by:

      (1)   Protecting and enhancing the City's attractions to prospective residents, tourists and visitors;

      (2)   Providing support and stimulus to business and industry;

      (3)   Strengthening the economy of the City;

      (4)   Stabilizing and improving property values;

      (5)   Fostering civic pride in the beauty and notable accomplishments of the past;

      (6)   Facilitating the reinvestment in and revitalization of certain older districts and neighborhoods;

      (7)   Promoting the use and preservation of historic sites and structures for the education and general welfare of the people of the City.

         (Ord. 86-260. Passed 12-16-86.)

1171.02 DEFINITIONS.

   The following definitions shall apply only to the provisions of this chapter:

   (a)   "Alter" or "alteration" means any material change in external architectural feature(s) of any property, including a change or rearrangement in the structural parts of building service equipment or an enlargement, whether by extending on a side or by increasing height. For the purposes of this chapter, "alteration" shall include a change in design, color, texture, material or exterior architectural feature. Ordinary maintenance to correct any deterioration or damage to a structure and to restore the structure to its condition prior to such deterioration or damage is excluded from the definition of "alteration", provided such work does not involve a change in design, color, texture, material or exterior architectural feature.

   (b)   "Applicant" means any owner, owners' association, partnership or corporation who applies for a certificate of approval.

   (c)   "Commission" means the Historic Preservation Commission of the City.

   (d)   "Demolish" or "demolition" means the razing or removal, in whole or in part, of any structure.

   (e)   "Exterior architectural feature" means the architectural style, general design and general arrangement of the exterior of a building or structure including but not limited to windows, doors, porches, storefronts, signage, cornices, siding materials, decorative trim and other fixtures appurtenant to the exterior of the building.

   (f)   "Historic District" means any area established by Council and designated by this chapter for the purpose of maintaining and fostering a distinctive historical, architectural, cultural or environmental character.

   (g)   "Listed property" means any property which has special character; historical, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the City or the United States and which has been designated as a listed property pursuant to the provisions of this chapter.

   (h)   "Member" means any member of the Historical Preservation Commission of the City.

   (i)   "Owner" means the owner of record and shall include the plural as well as the singular.

   (j)   "Reconstruction" means the reproducing, by new construction of the exact form and detail of a vanished structure, or a part thereof, as it appeared at a specific period of time.

   (k)   "Structure" means any building and shall be construed as if followed by "or part thereof."

   (l)   "Substantial hardship" means a condition unique to the property under consideration and a condition under which an action by the Commission would force the applicant to suffer practical difficulty and denial of the reasonable use of the property.

      (Ord. 86-260. Passed 12-16-86.)

1171.03 HISTORIC PRESERVATION COMMISSION ESTABLISHED.

   The Design Review Commission, having been previously established by City ordinance, is hereby renamed the Historic Preservation Commission. The Commission shall consist of twelve members. All members should have to the highest extent possible, a recognized knowledge of a known interest in historic preservation together with a determination to work for the overall improvement of the quality of this City's physical environment. At least two members of the Commission shall be preservation-related professional members from the fields of architecture, architectural history, history, archeology, planning or a related discipline. One member shall be the Mayor of the City, one member shall be designated by the Planning Commission and shall serve a term concurrent with membership on such Commission. One member shall be a member of Council designated by Council at the first meeting of alternate calendar years, and shall serve a two-year term. Three members shall be appointed by the Mayor from recommendations made by the Richland County Historical Society and shall serve two-year terms. Five members shall be appointed by the Mayor because of their special expertise or interest and shall serve two-year terms. One member shall be from the City's Community Development Department staff, designated the Historic Preservation Officer. Terms of office shall be staggered. All members of the Commission shall serve without compensation from the City. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made. Vacancies shall be filled within sixty days unless extenuating circumstances require a longer period.

   The Commission shall elect a chairman, a vice-chairman to serve in the absence of the chairman and a secretary-treasurer at its first meeting after November 1 of each year. The Commission shall adopt its own rules of procedure, which shall be made available for public inspection. The rules of procedure shall provide for regular and special meetings which will be held in a public space, advertised in advance and made public. All review decisions shall be made in a public forum, with applicants notified of meetings and advised of decisions. Written minutes of actions and decisions of the Commission shall be made available for public inspection.

(Ord. 92-250. Passed 10-20-92.)

1171.04 DUTIES OF THE HISTORIC PRESERVATION COMMISSION.

   The duties of the Historic Preservation Commission are as follows:

   (a)   To improve the quality of life in the City by striving to further and achieve the spirit and purpose of this chapter;

   (b)   To act in an advisory role to other officials and departments of local government regarding the protection of local cultural properties;

   (c)   To act as liaison on behalf of the local government to individuals and organizations concerned with historic preservation;

   (d)   To work for the continuing education of the residents of the City with respect to the architectural, historic and archaeological heritage of the City, and historic preservation issues and concerns;

   (e)   To employ technical experts as may be required to perform its duties within the appropriations made available therefor and to perform such other related tasks within its capabilities as may be required by Council;

   (f)   To accept grants, gifts and bequests, and to make application for, receive and administer grants and funds from governmental and private entities consistent with the purposes of this chapter;

   (g)   To review proposed National Register nominations for properties within its jurisdiction in accordance with Ohio CLG guidelines;

   (h)   To recommend to the Planning Commission and Council legislation that would serve to beautify, preserve, restore and develop the City or that would result in additions or revisions to this chapter;

   (i)   To conduct or cause to be conducted a continuing survey of cultural resources in the community, including all buildings, structures, sites, objects and areas of architectural, historic, archaeological or aesthetic interest, according to survey guidelines established by the Ohio Historic Preservation Office and the Ohio Archaeological Council;

   (j)   To conduct or encourage members to attend educational sessions at least once a year pertaining to the function of the Commission or relating to specific historic preservation issues;

   (k)   Based upon information available or presented to it, to make recommendations for designation of listed properties and Historic Districts to the Planning Commission and Council;

   (l)   To keep a current register of all listed properties and provide the City Engineer and the Bureau of Buildings, Inspections, Licenses and Permits with a current copy thereof, showing any additions thereto; this register shall be made available to the public and shall be located at the Bureau, Mansfield City Building, 30 North Diamond Street, Mansfield;

   (m)   To prepare an annual report documenting the Commission's activities, cases, decisions, special projects and membership that will be available for public inspection;

   (n)   To conduct a hearing to consider or determine any matters related to Historic District or listed property designations within the corporate boundaries of the City which shall be scheduled by a vote of the membership at regular or special meetings. Parliamentary procedures shall be used during any official hearing;

   (o)   To review and act upon all applications for certificates of approval as required by this chapter and to establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for certificates of approval submitted to it;

   (p)   To use written guidelines in making decisions on requests for permits for alterations, additions to or demolition of listed properties and buildings within Historic Districts.

   (q)   To consider whether the failure to issue a certificate of approval will involve a substantial hardship to the applicant and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the interest and purposes stated herein.

      (Ord. 86-260. Passed 12-16-86.)