(a) Alterations and new construction shall conform to procedural requirements of Chapter 1135 of the Zoning Ordinance.
(b) Repairs, informal approval. In order to expedite and encourage timely maintenance, repair work, and minor construction in the Downtown Overlay District, the Planning Commission (Commission) authorizes city staff (staff) to review and approve certain repair, maintenance work and minor construction activities. Staff may solicit comments and recommendations from qualified individuals in order to make a determination if the proposed project is appropriate for the property. Staff may forward the application to the Commission for zoning certificate approval when a determination regarding the proposed modification cannot be made. Staff may approve:
(1) Replacement of missing bricks, repointing with same color and type of mortar and reconstruction with brick matching in color, size, and shape.
(2) Replacement of clapboards, siding, moldings, fascia boards, gutters, railing units, shutters, awnings, canopies, shingles and other exterior surfaces when there in no change in design, materials, or general appearance.
(3) Cleaning and repointing of the foundation and repair when like materials and colors is used. The same mortar mixture should be used to allow similar expansion and contraction of the foundation.
(4) Installation of window air conditioners when they are not facing the street and if there is no change in window structure and installation of ground and roof mounted air conditioner units that are properly screened and inconspicuously located (tubing and connections must not be readily visible).
(5) Replacement of existing storm windows with a similar product. A change from wooden to metal or vinyl storm windows is required to be reviewed by the Commission.
(6) Replacement of windows when they are of like material, in size, shape, and appearance.
(7) The replacement of roofing materials that are similar or better than what was previously on the structure. In the case where slate, tile or cedar shakes are proposed to be replaced with a different material, Commission approval is required.
(8) Signage installation and replacement.
(9) Accessory structures not attached to the main building.
(10) Decks, porches, and patios not located on the front of the main building.
(11) Pavement and parking lots.
(12) Landscaping.
(13) Accessible ramps not located in front of the main building.
(14) Ornamental fencing for the purpose of enclosing outdoor eating or sitting areas subject to the fencing being a maximum of four feet in height, constructed out of metal with a black finish, and designed with at least 70% transparency.
(c) Demolition. No demolition, in part or in whole, of any structure located in the Downtown Overlay District shall be undertaken prior to obtaining a zoning certificate from the Commission. The demolition of buildings identified as background or non-historic buildings will be evaluated within the context of the greater downtown. While background and non-historic buildings may not be historically or architecturally significant, their removal should be considered in the context of the proposed replacement or redevelopment of the site and the impact the loss of the existing structure will have on the Downtown Overlay District. The Commission will review demolition requests for landmark and contributing structures with additional scrutiny.
(1) Redevelopment site plan approval required. A redevelopment site plan for demolition and redevelopment of the site must be submitted as part of a zoning certificate application. The redevelopment site plan must meet the data requirements of § 1135.05. In addition to the requirements of § 1135.05, the applicant shall provide evidence of financing and a commitment to build new which mitigates any adverse effect of the proposed removal upon the property, streetscape and the district through one or more of the following:
A. New construction that complies with all regulations of the Downtown Overlay District and is consistent with guidance contained in the Downtown Mason Design Guidelines Handbook.
B. Exterior rehabilitation or restoration of the remaining structure that is consistent with the Downtown Mason Overlay District and guidance contained in the Downtown Mason Design Guidelines Handbook.
C. Landscaping the entire parcel consistent with the Downtown Mason Design Guidelines Handbook and City Landscape and Street Tree Ordinance. This regulation shall apply only when the building is declared a public nuisance.
(2) Additional requirements for landmark and contributing buildings. It is the intent of this regulation to preserve, retain and rehabilitate landmark and contributing buildings located in the Downtown Overlay District. The Commission may approve demolition request for landmark and contributing structures only after the applicant has provided compelling evidence that the standards authorizing demolition have been met. Thus, an application for a zoning certificate for demolition of a landmark and contributing building, or any portion thereof, must meet one condition of division (c)(2)A., B., or C. below and the conditions of division (c)(2)D. below.
A. Evaluation of significance. The applicant presents clear evidence showing that the building in question is not locally significant and that its removal will not adversely affect the architectural or historic integrity of the streetscape or community.
B. Evaluation of condition. The applicant presents clear evidence that the structure has incurred extensive damage to its basic structural elements, such as the roof, walls and foundation, requiring substantial reconstruction. The applicant shall provide photographs showing such condition, as well as a written evaluation of condition provided by a competent architect, structural engineer, or other building professional.
C. Evaluation of rehabilitation costs. The applicant presents clear evidence that the square foot cost of meeting the minimum building code would exceed the square foot market value of similarly used and improved structures in the district.
D. Evaluation of alternatives to demolition. Alternatives to demolition must be given serious consideration by the applicant. The applicant must present all demolition alternatives that were analyzed and demonstrate to the Commission’s satisfaction that no feasible alternative to demolition exist. As such, the applicant shall investigate alternatives to demolition and prepare a feasibility analysis for each demolition alternative for the Commission’s consideration. At minimum, the applicant shall consider the following alternatives:
1. Offering the building for sale at a fair market price to a buyer who could make use of the structure;
2. Moving the historic building to another appropriate location on the lot, elsewhere downtown, or elsewhere in the city;
3. Rehabilitating and occupying only part of the building while “mothballing” the remainder for remodeling at a later time;
4. Preserving a portion of the structure; or
5. Seeking grants or tax credits to help finance the rehabilitation and reuse of the building.
(3) Security required. The applicant shall post a performance bond with security sufficient to insure completion of the:
A. Demolition including the removal of all subgrade improvements;
B. Site grading, stabilization and landscaping; and
C. The redevelopment site plan as approved by the Commission.
(4) Timing of demolition. A building permit shall not be issued by the Engineering and Building Department for the demolition of any structure or any part thereof within a designated Downtown Overlay District until such time the applicant receives a zoning certificate and redevelopment plan approval from the Commission, and the required security is posted.
(5) Denial of a zoning certificate for demolition. The Commission and applicant shall undertake meaningful and continuing discussion during the waiting period prescribed in § 1170.09(b) 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 must continue to meet for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least every 45 days after the initial meeting. If the applicant fails to meet with the Commission in good faith, at the time specified, then the Commission’s denial of the application will stand. If, after holding such good faith meeting in the waiting period specified by the Commission, the Commission determines that failure to issue a zoning certificate 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 deviation from the purposes of this chapter, then and in such event, staff shall issue a zoning certificate for such request.
(d) Formal site plan review required. Any drive through facility or new construction, not meeting the requirements in division (b) above, shall require formal site plan approval by the Commission subject to the requirements of § 1135.05.
(e) Informal site plan review required. Any project that does not meet the requirements listed in division (b) above shall require informal site plan review by the City Planner or his agent in accordance with the informal review and approval procedures of § 1135.04.
(Ord. 2005-136, passed 11-28-2005; Ord. 2014-3, passed 2-10-2014; Ord. 2015-89, passed 9-28-2015)