1171.06 LIMITATIONS ON ISSUANCE OF BUILDING AND DEMOLITION PERMITS.

   No construction, reconstruction, alteration or demolition of any structure or significant exterior architectural feature thereof in any designated Historic District or of any listed property shall be undertaken prior to obtaining a certificate of approval from the Commission and a permit from the Bureau of Buildings, Inspections, Licenses and Permits, if applicable. No permit shall be issued by the Bureau for the construction, reconstruction, alteration or demolition of any area, place, site, building, structure, object or work of art within a designated Historic District or listed property, except in cases coming under the exclusions in this chapter, unless the application for such permit is approved by the Historic Preservation Commission through the issuance of a certificate of approval in the manner prescribed herein.

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

1171.07 CERTIFICATE OF APPROVAL.

   (a)   When the owner of a property within a Historic District or owner of a listed property intends to construct, reconstruct, alter or demolish any portion of a structure within the District or of a listed property, he shall first apply for and secure a certificate of approval from the Commission. The application for a certificate of approval shall be deposited with the City's Historic Preservation Officer, together with such plans, specifications and other material as the Commission may from time to time prescribe.

   (b)   Within thirty days, the Commission 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 Commission determines that no architectural feature is involved, it shall cause the secretary to endorse the certificate of approval and return the application, plans and specifications to the applicant.

   (c)   In the event that the Commission finds that an architectural feature is involved, the Commission 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 Historic District or listed property. In making such determination, the Commission shall refer to the Secretary of the Interior's "Standards for Rehabilitation," and to the design guidelines adopted by the Commission. In the case of archeological properties, the Commission shall refer to the Advisory Council in Historic Preservation's "Treatment of Archeological Properties: A Handbook."

   (d)   The Commission 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 Commission prior to any hearing or determination, information concerning the applicant's intentions or such adverse person's interests or intentions.

   (e)   If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect on the Historic District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Commission secretary shall issue the certificate of approval.

   (f)   If the Commission determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the Historic District or listed property, and does violate the spirit and purposes of these preservation regulations, then the Commission shall deny issuance of the certificate of approval.

   (g)   In the event that the Commission 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 Commission 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 Commission.

   (h)   Upon denying a certificate of approval, the Commission 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 Commission shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between Commission and applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Commission may henceforth issue a certificate of approval.

   (i)   In the case of denial of a certificate of approval for demolition:

      (1)   The Commission and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Commission and applicant shall investigate the feasibility of all means of preserving the listed property. If the Commission 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 every forty-five days after the initial meeting.

      (2)   If the applicant fails to meet with the Commission in good faith in the time specified, then the Commission's denial of the application shall stand.

      (3)   If, after holding such good faith meeting in the waiting period specified by the Commission, the Commission determines that failure to issue a certificate of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then and in such event, the secretary of the Commission shall issue a certificate of approval for such proposed demolition.

      (4)   If, after holding such good faith meetings in the waiting period specified by the Commission, no alternative property use is developed or no offer to save the structure is made by the applicant, the Commission or a third party, then the applicant may appeal the decision to Council. Council may affirm or reverse the Commission's decision. If Council affirms the decision, the denial of certificate of approval shall stand.

   (j)   In the case of denial of a certificate of approval for construction, reconstruction or alteration:

      (1)   The Commission and the applicant shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to incompatible new construction, reconstruction or alteration within a Historic District or to a listed property. If the Commission and applicant do not agree on an alternative solution at the initial meeting, then they shall continue to undertake meaningful discussions for the purpose of seeking a compromise solution and such good faith meetings shall be held at least every forty-five days after the initial meeting.

      (2)   If the applicant fails to meet with the Commission in good faith in the time specified, then the Commission's denial of the application shall stand.

      (3)   If, after holding such good faith meeting in the waiting period specified by the Commission, the Commission determines that failure to issue a certificate of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then and in such event, the secretary of the Commission shall issue a certificate of approval for such proposed construction, reconstruction, or alteration.

      (4)   If, after holding such good faith meetings in the waiting period specified by the Commission, no alternative solution to incompatible construction, reconstruction or alteration is reached, then the applicant may appeal the decision to Council. Council may affirm or reverse the Commission's decision. If Council affirms the decision, the denial of certificate of approval shall stand. (Ord. 86-260. Passed 12-16-86.)

1171.08 PERMITTED USES.

   The uses permitted and conditionally permitted in any designated Historic District shall be those included in the corresponding zoning district as indicated on the official Zoning Map of the City. (Ord. 86-260. Passed 12-16-86.)

1171.09 HISTORIC PRESERVATION DISTRICTS.

   The Planning and Zoning Code is hereby amended by designating districts and further zoning same to the classification HP (Historic Preservation District) as follows:

   (a)   Sherman's Estate Historic District. There is hereby created in the City, a historic preservation district to be known as "Sherman's Estate Historic District", which includes Lots No. 1615, 1616, 1617, 1621, 1622, 1625, 1689, 3063 through 3071, 6712, 6714 through 6763, 6764 (except SDs 5 and 6), 6765, 6766, 6767, 6770 and 8082 of the consecutively numbered lots of the City, and which district is bounded as follows: Beginning at the intersection of Sherman Place and Sycamore Street; thence south on the west line of Sycamore Street to its intersection with a public alley at the south lot line of Lot No. 6715; thence west along such alley to the east line of Lot No. 6712; thence south along such east lot line to the south line of the lot; thence west along the south lines of Lots No. 6712 and 3071 to the west lot line of Lot No. 3071; thence north along the rear or west lot lines to West Dickson Avenue; thence east on West Dickson Avenue to the west lot line of Lot No. 1621; thence north along such west lot line to Sherman Place; thence north along the west lines of Lots No. 1689 and 8082 to the north lot line of Lot No. 8082; thence east along the north lot lines of Lots No. 8082 and 1689 to Penn Avenue and northeasterly across same to the southeast corner of the intersection of Penn Avenue with West Fourth Street; thence southeasterly along the southerly line of West Fourth Street to the west line of Lot No. 6769; thence south on such lot line to the south line of Lot No. 6769; thence easterly along the south lot lines of Lots No. 6769, 6768, SD 6 and SD 5 of 6764 to the west lot line of SD 3 of Lot No. 6764; thence south along the west SD lot line to a lot line dividing the north and south parts of SD 3; thence east along such lot line to the east lot line of SD 5; thence north along such lot line to West Fourth Street; thence southeasterly along the southerly line of West Fourth Street to its intersection with Sherman Place, the place of beginning of this district boundary. In addition to all other laws, statutes, ordinances, resolutions and regulations applicable thereto, this historic preservation district also shall be controlled by the written guidelines adopted from time to time by the Historic Preservation Commission for the Sherman's Estate Historic District, which guidelines are incorporated herein by reference.

      (Ord. 90-343. Passed 12-4-90.)

(b)   The Boulevards Historic District. There is hereby created in the City, a historic preservation district to be known as “The Boulevards Historic District”, which includes Lots 6051 to 6202, inclusive, of the consecutively numbered lots of the City of Mansfield, Ohio and is bounded as follows: Beginning at the junction of Brinkerhoff Avenue and Maple Street, then heading east on Maple Street to the point of intersection with the rear property lines of the east side of Glenwood Boulevard, then heading north along those rear property lines to the intersection with Park Avenue West, then turning west on Park Avenue to the west side of Brinkerhoff Avenue, and then heading south to the point of beginning. In addition to all other laws, statutes, ordinances, resolutions and regulations applicable thereto, this historic district shall also be controlled by the guidelines adopted from time to time by the Historic Preservation Commission of Mansfield for the Boulevards Historic District, which guidelines are incorporated herein by reference.

      (Ord. 86-189. Passed 8-19-86.)

   (c)   Central Park Historic District. There is hereby created in the City, a historic preservation district to be known as “Central Park Historic District”, which includes Lot Nos. 100, 101, and 102, South Part Lot No. 125 and Lot No. 126, East Part Lot No. 129 and Lot No. 128, Lot No. 175 through Lot No. 179, Lot No. 2490 through Lot No. 2498, Lot No. 2501 through Lot No. 2509, Lot No. 2240 through Lot No. 2246, Lot No. 2558 through Lot No. 2566 of the consecutively numbered lots of the City, said District more particularly described as follows: Beginning at the intersection of the centerline of Diamond Street and Park Avenue East; thence easeterly along the centerline of Park Avenue East to a point of intersection of said centerline and the southerly projection of the east line of Lot No. 126; thence northerly along the east line of Lot No. 126 and South Part of Lot No. 125 to a point being the northeast corner of the South Part of Lot No. 125; thence westerly along the south line of Lot No. 125 to its projected intersection with the centerline of North Diamond Street; thence northerly along the centerline of North Diamond Street to its intersection with the centerline of East Third Street; thence westerly along the centerline of West Third Street to its intersection with the southerly projection of the east line of Lot No. 2501; thence northerly along the east line of Lot No. 2501 to said lot’s northeast corner; thence westerly along the north line of Lot No. 2501 through Lot No. 2506 to its projected intersection with the centerline of North Main Street; thence southerly along the centerline of North Main Street to its intersection with the centerline of Library Court; thence westerly along the centerline of Library Court to its intersection with the centerline of North Walnut Street; thence southerly along the centerline of North Walnut Street to its intersection with the westerly projection of the south line of Lot No. 128; thence easterly along the south line of Lot No. 128 to a point being the northwest corner of the East Park of Lot No. 129; thence southerly along the west line of the East Part of Lot No. 129 to its projected intersection with the centerline of Park Avenue West; thence westerly along the centerline of Park Avenue West to its intersection with the centerline of Walnut Street; thence southerly along the centerline of South Walnut Street to its intersection with the centerline of Luther Place; thence easterly along the centerline of Luther Place to its projected intersection with the west line of Lot No. 180; thence northerly along the west line of Lot No. 180 to its intersection with the south line of South Park Street; thence easterly along the south line of South Park Street to a point being the northwest corner of Lot No. 179; thence southerly along the west line of Lot No. 179 to its intersection with the north line of East Second Street; thence easterly along the north line of East Second Street to its projected intersection with the centerline of South Diamond Street; thence northerly along the centerline of South Diamond Street to the true place of beginning.

      (Ord. 03-152. Passed 7-1-03.)

1171.99 PENALTY.

   (a)   Whoever constructs, reconstructs, alters, changes or demolishes any exterior feature of any area, place, building, structure, object or work of art in violation of these regulations shall be punished under Section 1163.99.

   (b)   In the event any change is made in any property which has been designated a listed property or which is situated in a Historic District, the City may institute appropriate proceedings to prevent such unlawful change.

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