(a) Preface. The purpose of the City of Medina's Historic Preservation Board is to maintain the architectural integrity of the City's Historic Districts and Historic Landmarks by:
(1) Encouraging the preservation and rehabilitation of existing buildings or structures;
(2) Influencing any changes made to them so their inherent character continues to flourish;
(3) Encouraging the continuous success of the Historic Landmarks and Historic Districts by averting demolition by neglect and purposeful demolition without just cause.
The Board will not establish any single style of architectural features as being preferable but will view all architectural proposals as part of the whole design of the building or structure within the context of the Historic District. The Board will work with property owners to ensure that Medina retains its unique character. Refer to Section 145.07, Appendix A, and The City of Medina Guidelines for Historic Properties and Districts for criteria and procedures.
(b) Definitions. The following definitions shall apply to the provisions of this chapter and the Historic Preservation Board Rules, Procedures, Design Guidelines, and Demolition Criteria:
(1) "Alter" or "alteration" means any change in the external architectural features of any building or structure.
(2) "Board" means the Historic Preservation Board established under Chapter 145 of the Codified Ordinances of the City of Medina, Ohio.
(3) "Certificate of Appropriateness" means a certificate issued by the City to authorize any new construction, demolition, or exterior alteration to any building or structure.
(4) "Demolition" means the complete razing or removal of any structure or portion of a structure.
(5) “Guidelines” means the supplemental information in The City of Medina Design Guidelines for Historic Properties and Districts (current issue.)
(6) "Historic District" means a grouping of structures as determined by the Board and approved by Council as a historically or architecturally significant group and located within the limits of the City of Medina. Buildings or structures within this group may or may not be individually so designated. Listings of said structures will be kept for public record by the City Council and available through the Planning Department.
(7) "Historic Landmark" means any individual building or structure determined by the Board and approved by Council as historically or architecturally significant and located within the limits of the City of Medina. Listings of said structures will be kept for public record by the City Council and available through the Planning Department.
(8) “National Register of Historic Places” is the national listing of significant buildings, structures, or districts. Listings must have architectural, archeological, or historical significance. Owners of local historic landmarks shall be encouraged to seek listing on the National Register of Historic Places.
(9) "Maintenance" - general maintenance information is provided in The City of Medina Guidelines for Historic Properties and Districts and specific City requirements are in the City of Medina Property Maintenance Code.
(10) "Member" means any person serving on the Historic Preservation Board.
(11) "Planning Director" means the person holding the position of Director of Planning and Community Development of the City of Medina.
(c) General Provisions. The rules of the Board and its procedures are governed by the Codified Ordinances of the City of Medina and its Charter. The rules and procedures to process applications for Certificates of Appropriateness are the following:
(1) Exclusions. Nothing in these Rules, Procedures, or Guidelines shall be construed to prevent the ordinary maintenance or repair of any building or structure within the Historic District, provided such work involves no alteration to exterior architectural features.
(2) Geographic area. The geographic area within which a Certificate of Appropriateness is required includes any Historic District or Historic Landmark in the City of Medina and as described or defined in this Chapter 145.
(3) When a Certificate of Appropriateness is required. A Certificate of Appropriateness is required for exterior alterations or additions to the exterior of any building or structure that is designated as a Historic Landmark or is located within an Historic District for the construction of a new building or structure within an Historic District, or for the demolition of an existing building or structure within an Historic District.
(4) Amendments to a Certificate of Appropriateness. At any time prior to completion of work under the Certificate of Appropriateness, an applicant may apply for an amendment to the Certificate. An applicant must apply for an amendment if the design for which the Certificate was issued is altered.
(5) Expiration. Once a Certificate of Appropriateness has been granted, all other permits must be obtained and construction commenced within one year unless the applicant applies for and receives an extension from the Board.
(d) Application Procedures.
(1) Submission requirements. In order for an application to be reviewed and approved, the applicant shall submit drawings, photographs, specifications, and material samples as required by the Procedures delineated in the Appendix Chapter II “Certificate of Appropriateness.” An application along with supporting documents shall be filed with the Secretary of the Board as outlined. Submission shall accurately represent the proposed alterations or additions and new construction. The Secretary will schedule the applicant’s submission for consideration at the next Historic Preservation Board meeting and forward the submission copies to all Members. Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code.
(2) Informal review. The applicant is encouraged to review the Medina Design Guidelines (current edition) to be familiar with design review for historic buildings and structures. The applicant is encouraged to discuss a project and Certificate of Appropriateness with the Planning Director. The Planning Director may provide a list of sources from which applicant may seek guidance prior to formal submission to the Historic Preservation Board. Likewise, an applicant may request an informal review with the Board prior to formal submission.
(3) Review process. The applicant shall attend the scheduled Board meeting to present the proposed project and to be given the opportunity to respond to any questions from Members. The Board will then act upon the submission as prescribed herein:
A. The applicant shall briefly present the proposed project describing the objectives and demonstrating good design principles for historic properties. Guidelines may be used to illustrate the applicant’s effort.
B. The Planning Director shall make recommendations to the Board, providing support for said recommendations.
C. The Chair of the Board shall invite statements from other City Officials and from the public.
D. The board shall review and discuss the proposed project and take the following action, as applicable:
i. For alterations or additions to existing buildings or the construction of a new building, the Board shall approve the application, deny the application, or approve the applications with conditions, unless the applicant requests a time extension in order to modify the application. If the application is approved, a Certificate of Appropriateness will be issued. If the application is denied or is approved with conditions that the applicant does not accept, the applicant may modify the documents and resubmit them for Board approval, may appeal the decision under Section 145.06(f), or may wait one (1) year to resubmit an unmodified request for further consideration.
ii. For demolitions of buildings and structures, the Board shall approve the application, deny the application, or approve the application with conditions, unless the applicant request a time extension in order to modify the application. If the application is approved, a Certificate of Appropriateness will be issued. If the application is denied or is approved with conditions that the applicant does not accept, the applicant may modify the documents and resubmit them for Board approval, may appeal the decision under Section 145.06(f), or may wait one (1) year to resubmit an unmodified request for further consideration.
iii. The Board may impose such reasonable conditions on the approval of an application that are reasonably related to the purpose of this Chapter as set forth in Section 145.02.
(e) Penalty.
(1) Violation, order. If it is found that any of the provisions of this chapter are being violated, all work shall cease upon notification to the applicant or its contractor(s) by the City and no work shall be performed except to correct the violation. All violations shall be corrected within ten (10) days or within an approved extended period from the Planning Director. Any violations not corrected within the specified time may be prosecuted for a criminal violation.
(2) Failure to comply. Whoever constructs, reconstructs or alters any exterior architectural feature or demolishes all or part of any building or structure within an Historic District or any Historic Landmark without a Certificate of Appropriateness from the Historic Preservation Board shall be fined not more than one hundred dollars ($100.00) per offense. Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to restore and reconstruct such features in full detail. Restoration or reconstruction shall be in addition to any criminal penalty and not in lieu thereof.
(3) Failure to perform. Whoever receives a Certificate of Appropriateness from the Historic Preservation Board and constructs, reconstructs, or alters any exterior architectural feature other than in accordance with the requirements of the Certificate, shall be fined not more than one hundred dollars ($100.00) per offense. Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to make all changes and additions needed to comply with the Certificate. Changes and additions shall be in addition to any criminal penalty and not in lieu thereof.
(f) Appeals. Any applicant aggrieved by the enforcement of these Rules, Procedures and Design Guidelines and the provisions of this chapter or by a final decision of the Board may appeal to the Board of Zoning Appeals within fourteen (14) days of notification in writing of the decision of the Planning Director or Historic Preservation Board.
(Ord. 179-21. Passed 12-13-21.)