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The Historic Preservation Board will review and act on all proposed changes to the exterior architectural appearance and demolition of all buildings or structures in any Historic District in the City of Medina, any Historic Landmarks, and any areas as established by Council.
(a) Public Square bounded by Smith Road, Jefferson Street, Friendship Street and Elmwood Avenue is hereafter established as and called the Public Square Historic District.
(Ord. 179-21. Passed 12-13-21.)
(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.)
(Refer also to The City of Medina Guidelines for Historic Properties and Districts.)
Preface. The purpose of this chapter and of The City of Medina Guidelines for Historic Properties and Districts is to preserve the architectural history and integrity of existing buildings or structures and to ensure the procedures and materials used are compatible with the existing building or structure and help to ensure its preservation into the future. These Guidelines are meant to give architects and property owners design direction consistent with Chapter 145 of the Codified Ordinances of the City of Medina. In principle, the Board adopts the United States of America, Secretary of the Interior's Standards for Rehabilitation.
(a) Preservation/Rehabilitation/Renovation. With respect to preservation/rehabilitation/renovation generally it is the interest of the Board that buildings within the Historic District be preserved, thus maintaining the character of the Historic District. Consistent with the U.S. Secretary of the Interior, Standards for the Treatment of Historic Properties, the intent of these Guidelines is to preserve and restore the features which establish a building's architectural character while making alterations and renovations necessary for the efficient and contemporary use of the building.
The rehabilitation process assumes that some alterations may be necessary to meet the needs of the building owner and the health, safety, and welfare of the building occupants. Such alterations should be done so as not to destroy the materials and features which help to define a building's historic, cultural and/or architectural character. The historic materials, features and/or craftsmanship are important in defining the building character and should be retained, protected, and repaired when possible.
When the preservation of architectural features is not possible, alterations should be done in a manner respectful of the existing character, but done in a manner that is representative of architectural design and construction of contemporary times.
(b) Additions/New Construction. With respect to additions/new construction to existing buildings and all new buildings or structures within Historic Districts, it is generally the interest of the Board that such additions/new construction shall be designed to enhance the character of the Historic District. Consistent with the preface of this Chapter, new buildings and additions should be representative of architectural design and construction of contemporary times.
Additions to existing buildings in the Historic District should be designed so as not to detract from the original character of the building. Whenever possible, additions should be located away from the primary or street face of the building. The addition should be designed so as not to destroy existing architectural features, such that the addition can be removed and the building restored to its original condition.
New buildings in the Historic District shall be designed to be compatible with other structures in the Historic District while still reflecting work of contemporary times. Proximity of existing buildings to the new building will affect the latitude in design constraints. An infill design should be more consistent with adjoining buildings than a freestanding structure.
(c) Demolition and Relocation. With respect to demolition and relocation of buildings and structures, it is the interest of the Board that Historic Landmark buildings and buildings and structures within Historic Districts be preserved and restored for economically productive uses. The Board encourages the saving and adaptive re-use of buildings and structures significant to the character of the Historic Districts and the history of the City. Consistent with this intent, the Board also realizes the Historic District is not a static environment, but an ever changing and developing entity. Applications for demolition shall be reviewed based on the overall impact the demolition will have on adjacent Historic Landmarks, the Historic District, and the community, as well as whether preservation is economically feasible and whether the denial would result in unnecessary financial hardship that would deprive the applicant of all reasonable use of the land or building involved.
For applications proposing the demolition or relocation of a building or structure in a Historic District or a Historic Landmark, other than for emergency demolition of a building or structure ordered by the Planning Director or other authorized Medina City administrative officials that poses an immediate danger to human life or health, the following provisions apply:
(1) Factors to be Considered. In reviewing an application to demolish or relocate a building or other structure located within the Historic District or a Historic Landmark, the Historic Preservation Board shall consider the following factors in making its decision to approve or deny the request:
A. The architectural and historic significance of the subject building or structure;
B. The significance of the building or structure in contributing to the architectural or historic character of its environs;
C. In the case of a request to relocate a building or structure, the relationship between the current location of the subject building or structure and its overall significance to the Historic District;
D. The presence of conditions on th subject property that are dangerous or are detrimental to the immediate area and cannot be reasonably remedied other than by the proposed demolition;
E. The degree to which the applicant proposes to salvage and facilitate reuse of buildings or structures proposed for demolition; and
F. The quality of design, significance and appropriateness of the proposed re-use of the property in the Historic District.
(2) Standards for Demolition and Relocation. The Board may approve or approve with conditions an application for the demolition or relocation of a building or structure that is a Historic Landmark or in a Historic District when, based on the Board’s consideration and analysis of the following standards, it finds that the applicant has demonstrated by credible evidence that the applicant will suffer an unnecessary financial hardship if the application is denied:
A. Whether all economically viable use of the property will be deprived without approval of the application or approval with conditions;
B. Whether the reasonable investment-backed expectations of the property owner will be maintained with approval of the application; and
C. Whether the economic hardship was created or exacerbated by the property owner.
In evaluating the foregoing standards for unnecessary economic hardship, the Board may consider any or all of the following:
A. The property owner’s current level of economic return from the property;
B. Any listing of the property for sale or rent, the price asked, and offers received, if any, within the two (2) previous years, including testimony thereof and any relevant documents;
C. The feasibility of alternative uses for the property that could earn a reasonable return and whether it would be feasible to obtain authorization for an alternative use that may not comply with the current zoning regulations applicable to the property;
D. Any evidence of self-created hardship through deliberate neglect or inadequate maintenance and/or repair of the property;
E. The property owner’s knowledge of the building’s or structure’s landmark designation, or potential designation, or its inclusion within a Historic District at the time of the acquisition of the property; provided, however, that the property owner will be deemed to have had constructive knowledge of the property’s inclusion in a Historic District if the property was located within a Historic District at the time of the owner’s acquisition of the property; and/or
F. The availability of economic incentives and/or funding available to the applicant through federal, state, city or private sources.
(3) Timing and Nature of Action. The Board may delay action, for a period of not more than six (6) months for the demolition or relocation of a building or structure in order to allow any economic viability studies to be conducted, as well as to allow interested parties the opportunity to explore alternatives to the proposed action. At the end of the six (6)-month period, the Board shall either approve, disapprove, or approve with conditions the request to demolish or relocate. Notwithstanding the foregoing, if the Board determines that an additional delay of up to six (6) months may be useful in securing an alternative to the proposed demolition or relocation, the Board may delay action for a second and final period of not more than six (6) months. At the end of such second and final period, the Board shall either approve, deny, or approve with conditions the application.
(d) The Board has the authority to engage professional consultants for advice and recommendations with respect to the foregoing design guidelines, criteria, factors, and standards. (Ord. 179-21. Passed 12-13-21.)
In considering the designation of any place, building, structure, work of art, or similar object in the City as a Historic District or Historic Landmark, the Historic Preservation Board shall apply the following criteria with respect to such property:
(a) Its character, interest or value shall be part of the development, heritage or cultural characteristics of the City, State or the United States;
(b) Its location shall be a site of a significant historical event;
(c) Its identification shall be with a person who significantly contributed to the culture and development of the City;
(d) Its exemplification shall be of the cultural, economic, social or historic heritage of the City;
(e) Its portrayal shall be of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(f) Its embodiment shall be of elements or architectural design, detail, materials or craftsmanship which represents architecture of significant character, charm, or grandeur;
(g) Its relationship shall be to other distinctive areas which are eligible for preservation or conservation;
(h) Its unique location or singular physical characteristics shall be representative of an established and familiar visual feature of a neighborhood or of the City.
(Ord. 179-21. Passed 12-13-21.)
(a) A property (building, structure, place, or object) may be nominated as a Historic Landmark or a group of properties may be nominated as a Historic District by an individual, group, or by the Historic Preservation Board. For individual buildings or structures, the property owner shall approve the nomination. For the disapproval of a Historic District, disapproval by property owners in the District shall be greater than twenty-five percent (25%) of the property owners. Each owner of private property in a District has one (1) vote regardless of how may properties or what part of one (1) property that party owns and regardless of whether the property contributes to the significance of the District.
(b) When a proposal to establish a Historic District or to designate an individual property or site as a Historic Landmark for protection is received by or initiated by the Historic Preservation Board, the owner or owners of included properties shall be notified.
(c) The Historic Preservation Board shall consider the proposal in terms of the criteria provided in Section 145.08. Properties shall be documented to meet at least one of the criteria listed. The Board shall make a recommendation to City Council.
(d) City Council shall give due consideration to the findings and recommendations of the Historic Preservation Board in making its determination with respect to the designation of a place, building, structure, or object as an Historic Landmark or to establish a Historic District.
(Ord. 179-21. Passed 12-13-21.)
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