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Medina Overview
Codified Ordinances of Medina, OH
CODIFIED ORDINANCES OF MEDINA, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
ADOPTING ORDINANCE NO. 19-77
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE- Administrative
TITLE SEVEN - Boards and Commissions
TITLE NINE - Taxation
TITLE ELEVEN- Judicial
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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145.09 DESIGNATION PROCEDURES FOR HISTORIC DISTRICTS AND HISTORIC LANDMARKS.
   (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.)
145.10 SEVERABILITY.
   If a court of competent jurisdiction shall adjudge any provision of this chapter invalid or unenforceable, then the remaining provisions of this chapter shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
(Ord. 179-21. Passed 12-13-21.)
145.11 WAYFINDING EVENT CABINETS.
   The purpose of the City of Medina Wayfinding Event Cabinets is to promote downtown events and festivals. The postings are intended for viewing by pedestrians in the immediate vicinity of the kiosks.
   (a)   The event cabinets will be used for the posting of events and festivals open to the general public occurring within the nine block Historic District.
   (b)   The City of Medina will maintain a general calendar of events within a portion of the cabinet throughout the year.
   (c)   Event postings are limited to a two week period prior to the scheduled event and shall be removed within forty-eight (48) hours of the close of the event.
   (d)   The Mayor or designee and Main Street Medina Executive Director or designee are the only representatives permitted to access and update the event posting cabinets.
   (e)   Requested postings shall be submitted to the City of Medina for placement in the cabinets by City staff or Main Street Medina.
   (f)   All postings shall be graphically printed in a professional manner subject to the approval of the Planning Director.
      (Ord. 179-21. Passed 12-13-21.)
APPENDIX A
Procedural Manual For Historic Preservation Board
Chapter I    Introduction and Organization
Chapter II   Certificate of Appropriateness
Chapter III   Conditional Sign Permit
CHAPTER I
INTRODUCTION AND ORGANIZATION
1.    INTRODUCTION.
This Procedural Manual is a public document and is adopted by the Historic Preservation Board of Medina, Ohio to describe its organization and the procedures which govern its activities. The Manual, together with the Design Guidelines and Rules and Procedures for use in reviewing applications found in Chapter 145 of the Codified Ordinances of the City of Medina, its Charter and the laws of the State of Ohio, shall be the official policies of the Board.
2.    ORGANIZATION.
The organization, terms of office and vacancies of the Board are established in accordance with Chapter 145 of the Codified Ordinances of the City of Medina.
3.    ORGANIZATIONAL MEETING OF THE BOARD.
The Board shall hold an organizational meeting annually during the month of January and elect a Chairperson and Vice-Chairperson by majority vote of the members present. The term of office of each shall be for the current calendar year and consistent with Chapter 145. The Chairperson shall preside at the meetings and decide all points of order and procedures. The Vice-Chairperson shall preside as Acting Chairperson in the absence of the Chairperson. In the absence of both the Chairperson and Vice-Chairperson, the Secretary shall call the meeting to order and a Chair Pro Tempore shall be elected by the Board to preside at the meeting.
A staff member or designee of the Planning Department shall act as the Board Secretary. The Secretary, subject to the direction of the Chair of the Board, shall keep all records, conduct all correspondence of the Board and generally supervise the clerical work of the Board. The Secretary shall not be eligible to vote upon any matter. The Secretary shall also arrange the agenda of each meeting, prepare and keep minutes of each meeting and shall prepare for public inspection an annual report of the Board's activities, cases, decisions, special projects, attendance of the Board members and qualifications of members.
4.    CONFLICT OF INTEREST.
Prior to the beginning of the discussion of any application, any Board member whose participation would constitute a conflict of interest shall disclose the nature of the conflict, shall remove himself/herself from any discussion concerning the application and shall not vote on said application. Board Members shall be subject to the Ohio Revised Code Chapter 102, Section 2921.42 and all opinions issued by the Ohio Ethics Commission.
5.    COMMITTEES.
Unless otherwise provided, and subject to approval by the Board, the Chairperson of the Board may appoint special committees. The Board shall determine the size, the duties, and the duration of service of such committees at the time of their establishment.
6.    FILLING A BOARD VACANCY.
Any vacancy caused by resignation, death or other means shall be filled for the unexpired term within sixty (60) days by Mayoral appointment and approval of City Council.
7.    DUTIES OF THE BOARD.
The Historic Preservation Board shall have the following responsibilities:
    A.    Board will promote interest in, and aid and educate Medina citizens in historic preservation by conducting or supporting educational sessions on an annual basis and preparing informational material as appropriate.
    B.    Board shall issue Certificates of Appropriateness for construction, preservation, restoration, reconstruction and/or rehabilitation, and/or demolition of any building, structure, or object within the City’s Historic Districts and other areas as established by City Council, according to the procedures set forth for such matters in Section 145.06 and 145.07 of the Codified Ordinances.
    C.    Board shall advise other officials and departments in Medina City government regarding the protection of local historic resources.
    D.    Board shall act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
    E.    Board shall encourage its members to attend workshops, seminars and other educational programs on historic preservation to stay abreast of design, enforcement, funding, and other issues relevant to the proper performance of their duties.
    F.    Board shall review proposed National Register nominations for properties within the jurisdiction.
   G.   When the Board considers a National Register nomination, or other action, which is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Board, the Board may, upon authorization of City Council, seek expertise in this area before rendering its decision. It may be advised by technical consultants, under contract executed by the City as City finances permit, to assist it in performing its functions.
   H.   Board shall be responsible for maintaining a system (Ohio Historic Inventory Form) for the survey and inventory of historic properties and cultural resources within the City of Medina. All inventory material shall be recorded according to Ohio Historic Preservation Office guidelines, maintained securely, and made accessible to the public. The inventory shall be updated periodically to reflect alterations and demolitions.
8.   AGENDA.
The Board shal1 consider no application or report unless it has been received by the Secretary and placed on the agenda. Copies of the agenda shall be mailed or otherwise sent by the Secretary to each Board member, the local newspaper, and other parties as may be determined by the Secretary or Board. Applicants shall be sent a notice of hearing. Any item placed on the agenda shall be heard and action taken, unless the applicant requests that the issue be removed from the Agenda.
9.    QUORUM.
A majority of the Board shall constitute a quorum, and such quorum shall be capable of conducting any business before the Board. The affirmative vote of three (3) members of the Board shall be required to act on an application.
10.    MEETING.
The Board shall hold a regular public meeting once each month in the Medina Municipal Building or other public place if so directed by the Chairperson and the Secretary. The regular monthly meeting will be held on the dates established by the Board at its annual organizational meeting.
Special meetings of the Board may be called by the Chairperson, provided a notice of and the agenda for such meetings are mailed to or otherwise sent and received by the Members and the local newspaper not less than forty-eight (48) hours prior to time and place of the special meeting.
Whenever there is no business for the Board, the Chairperson may dispense with a regular meeting by giving notice to all Members not less than twenty-four (24) hours prior to the time set for the meeting.
11.    ORDER OF BUSINESS.
The business of the Board shall be considered in the following order:
A.    Call to order
B.    Approval of minutes of last meeting
C.    Announcements
D.    Committee reports
E.   Old business
F.    New business
G.    Adjournment
12.    ANNUAL REPORT.
The Board shall prepare and submit an annual report of Board activities, cases, decisions and special projects to the Planning Commission, the Mayor, and City Council. The Annual Report shall be kept on file for public inspection.
13.   AMENDMENTS.
Amendments to Chapter 145 of the Codified Ordinance of the City of Medina shall be recommended to City Council by a majority vote of the entire Board at any regular or special meeting, providing notice and contents of the proposed change are mailed, or otherwise disseminated to, and received by each Member of the Board by the Secretary at least five (5) days prior to the meeting. The proposed amendments shall not be included in the Ordinance until approved by City Council.
Amendments to The City of Medina Guidelines for Historic Properties and Districts (supplemental document) may be made by majority vote of the Board after open discussion in a minimum of two meetings of the Historic Preservation Board. Amendments to the Guidelines shall be presented to the City Council for information, review and acceptance.
14.    REPEALER.
This Manual shall supersede all rules and statements of the Board or Secretary heretofore adopted, or in effect by practice, which are in conflict with the Manual.
15.    ADOPTION DATE.
This Manual is hereby adopted by the Board and shall take effect thirty (30) days following passage by City Council. (Ord. 179-21. Passed 12-13-21; Ord. 142-22. Passed 7-11-22.)
CHAPTER II
CERTIFICATE OF APPROPRIATENESS
   Certificates of Appropriateness shall be issued by the Historic Preservation Board, in accordance with the standards and regulations of Chapter 145 of the Codified Ordinances of the City of Medina.
1.    REQUIRED DATA.
To accomplish the Board's review of an application for a Certificate of Appropriateness, copies of all data specified in Chapter 145 of the Codified Ordinances of the City of Medina and the application shall be required. Number of copies and samples required shall be listed on the procedural information provided by the City.
   A.    Alterations and change of color.
       1.    Photographs of existing conditions.
       2.    Drawings indicating any changes to the physical appearance.
       3.    An outline describing work and the procedures to be performed.
      4.    Material samples and manufacturer's literature for major materials and
         products to be incorporated in the building.
    B.    New buildings.
       1.    Photographs (8"x 10") of the proposed site and context including
         adjacent structures.
       2.    Site plan and elevation drawings showing the design, indicating
         drives, road, parking, walks, walls, fences, landscaping, doors,
         windows, decoration, materials, finishes and other features
         accurately representing the proposed design.
       3.    Material samples and manufacturer's literature for major
         materials and products to be incorporated in the proposed design.
   C.    Additions to existing buildings.
       1.    Photographs (8"x 10") of the existing building and adjacent
         buildings or structures.
       2.    Site plan and elevation drawings showing the design, indicating
         drives, road, parking, walks, walls, fences, landscaping, doors,
         windows, decoration, materials, finishes and other features
         accurately representing the proposed design.
       3.    Material samples and manufacturer's literature for major
         materials and products to be incorporated in the proposed design.
   D.    Demolition, partial demolition, or moving.
       1.    Photographs (8"x 10"), of the existing building in detail including context and site.
      2.   A Site Plan depicting the site of the subject building and its context.
      3.   A written request from the Owner indicating reasons for the demolition, partial demolition, or moving.
      4.   Include the following information:
         •   Status - National Historic Landmark, National Landmark Historic District;
         •   Status - Listing on the U.S. National Register of Historic Places or determination of eligibility for the National Register;
         •   Status - Historic Landmark (Medina), Historic District (Medina);
         •   Form of Ownership of the property, amount paid for property, date of purchase, party from whom it was purchased, and description of relationship between owner and applicant;
         •   Cost of proposed Demolition;
         •   The fair market value for the property and the anticipated market value after rehabilitation;
         •   An analysis of the feasibility of rehabilitation, including the costs of rehabilitation, and the income and expense likely to be produced by the property after rehabilitation;
         •   A list of alternatives that were considered and reasons why alternatives were dismissed;
         •   Board may request other information specific to the project.
      5.   The applicant may provide additional financial information supporting the case for demolition. This information may include:
         •   In the case of income-producing properties, provide the annual gross income from the previous two years and itemized expenses for the same time period;
         •   Price asked and offers received within the previous two years.
      6.   If applicant claims lack of structural or architectural integrity as the reason for demolition, he/she must offer evidence prepared by a licensed engineer or architect as to the structural soundness of the building or structure.
2.    APPLICATION.
The applicant shall complete the application and submit all required data to the Secretary. The official date of the application shall be the date of the next regular Board meeting after all required data and fees have been submitted to the Secretary and at which the applicant is scheduled to appear.
3.   REVIEW AND BOARD ACTION.
Upon completion of the application, the Secretary shall place the application on the agenda of the next regular Board meeting and notify the applicant in writing. The Board shall review the application as it appears on the agenda.
The Board shall act on the application by resolution and shall vote to approve, approve with amendment, approve with conditions or disapprove the application. The applicant shall be advised in writing of the Board's decision. Such action shall be taken immediately following the review of the application, unless the applicant requests a time extension to modify or elaborate upon his/her proposal. When the applicant indicates to the Secretary that the modifications are complete, the extended proposal shall be deliberated at the next regular Board meeting or a special meeting called for this purpose. If more than one year has passed, applicant must file a new application. If the Board denies the application wholly or in part, the applicant shall be notified of the reason.
4.   CERTIFICATE OF APPROPRIATENESS.
Upon approval of the application by the Board, the Secretary shall issue a Certificate of Appropriateness. This Certificate of Appropriateness, however, does not exempt the applicant from provisions of the Building Code, Sign Code or other applicable laws of the City, County or State. The Certificate of Appropriateness shall become void if construction has not commenced within one (1) year after the date of approval. (Chapter 145 of the Codified Ordinances).
 
Historic Preservation Board
Certificate of Appropriateness
Receive
completed
application
Applicant
provided
meeting notice
Staff reviews
submission
Applicant
provided
meeting notice
and staff report
Board Reviews
Application denied
Boards Action
Appeal to BZA
Application
approved
Certificate Issued
(Ord. 179-21. Passed 12-13-21.)
CHAPTER III
CONDITIONAL SIGN PERMIT
   Conditional sign permits may be issued by the Historic Preservation Board in accordance with the standards and regulations of Chapter 1147 of the Zoning Code.
1.    REQUIRED DATA.
To accomplish the Board's review of an application for a Conditional Sign Permit, copies of all data specified in Chapter 1147 of the Zoning Code and the application shall be provided. Number of copies and samples required shall be listed on the procedural information provided by the City.
   
2.    APPLICATION.
The applicant shall complete the application and submit all required data and fees to the Secretary. The official date of the application shall be the date of the next regular Board meeting after all required data and fees have been submitted to the Secretary.
 
   Submission requirements include:
A.   Photographs of existing conditions.
B.   Elevation drawings depicting the proposed signage of the building with sign and building dimensions noted.
C.   Color and material samples for the proposed sign.
3.    REVIEW AND BOARD ACTION.
Upon completion of the application, the Secretary shall place the application on the agenda of the next regular Board meeting and notify the applicant. The Board shall review the application as it appears on the agenda.
The Board shall act on the application by resolution and shall vote to approve, approve with amendment, or disapprove the application. The applicant shall be advised in writing of the Board's decision. Such action shall be taken immediately following the review of the application, unless the applicant requests a time extension to modify or elaborate upon his/her proposal. When the applicant indicates to the Secretary that the modifications are complete, the extended proposal shall be deliberated at the next regular Board meeting or a special meeting called for this purpose. If more than one year has passed, applicant must file a new application. If the Board denies the application wholly or in part, the applicant shall be notified of the reason.
  
4.    CONDITIONAL SIGN PERMIT.
Upon approval by the Board of the application, the Secretary shall issue a Conditional Sign Permit. This Conditional Sign Permit, however, does not exempt the applicant from provisions of the Building Code, Sign Code or other applicable laws of the City, County or State. The Conditional Sign Permit shall become void if construction has not begun within six (6) months after the date of the permit. (Section 1147.16 of the Zoning Code).
   (Ord. 179-21. Passed 12-13-21.)