(a) Purpose. The purpose of the COA is to provide a procedure by which to review construction, renovation, expansion, and demolition projects of Protected Properties. In an effort to preserve the character of these properties, the Village has established reasonable development standards and design guidelines for buildings and structures and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(b) Applicability.
(1) No construction, reconstruction, demolition, relocation, or other exterior alteration to a Protected Property shall occur until a COA has been applied for, and issued by, the Design Review Board in accordance with this code.
(2) No zoning certificate or certificate of zoning compliance and/or other appropriate permits shall be issued by the Zoning Inspector for any construction, reconstruction, demolition, relocation, or other exterior alteration to a Protected Property unless a COA has been issued.
(3) All signs and window displays related to a Protected Property shall require COA approval prior to the Zoning Inspector issuing a sign permit.
(4) Projects and activities that are exempt from the COA review procedure include:
A. Painting or general maintenance of a structure that does not alter exterior colors or architectural features;
B. Changes in occupancy not involving structural or exterior work; and
C. Any interior renovations which will not alter and/or affect the exterior elevations and facade of the building or structure or any architectural features that are visible from the outside.
(c) COA Review Procedure.
(1) Step 1 - Application.
A. The applicant shall submit an application which provides the following information:
(i) Two color photographs of the present facade of each exterior wall of the building which is proposed to be modified or of the existing landscaping, plantings, fence, or other visible exterior improvement(s) to be changed.
(ii) The name and address of the owner of the property and the building, together with the name and address of the business which occupies the structure, if any.
(iii) Two sketches of the proposed changes to each exterior wall or of the proposed additions or changes to landscaping, plantings, fences and/or other visible exterior improvements, drawn as near as possible to scale and being easily understandable, with said sketches to include structural changes, all windows and doorways, rooflines, signage, and all other related changes and additions.
(iv) A description of the proposed colors, proposed materials to be used, and all related information fully describing the proposed modifications and additions.
B. The Zoning Inspector or the Design Review Board may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(2) Step 2 - Staff Review and Transmission to the Design and Review Board.
A. Upon determination that a COA application is complete, the Zoning Inspector may distribute the application to professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Inspector for transmission to the Design Review Board.
B. The Zoning Inspector shall distribute the application and any reports prepared as part of Subsection 1349.10 prior to the Design Review Board's meeting where the application is to be reviewed.
(3) Step 3 - Design Review Board Review and Decision.
A. Within sixty (60) days after the application is determined to be complete, the Design Review Board shall review the COA application.
B. In reviewing the application, the Design Review Board shall at a minimum, consider the reports and opinions transmitted by the Zoning Inspector and the review criteria of this section.
C. In making its decision, the Design Review Board may approve, approve with modifications or supplementary conditions, or deny the application.
D. If the Design Review Board fails to act within sixty (60) days from the date of the initial meeting regarding the COA application, or an extended period as may be agreed upon by the Design Review Board and applicant, then the application shall be considered denied.
E. If a zoning certificate is required for the subject work, the applicant may proceed with applying for the zoning certificate following approval of the COA. Such zoning certificate applications shall comply with the COA approval and any related modifications or special conditions.
(d) Guidelines. The Design Review Board shall utilize the Village of Millersburg Design Guidelines:https://www.millersburgohio.com/upload/documents/
historicdistrictdesignguidelines.pdf and The Secretary of the Interior's Standards for the Treatment of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings (nps.gov) when considering construction, expansion, or demolition (partial or complete) of all new or existing buildings and structures subject to COA review.
(e) Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) The spirit and purposes of this code and the Guidelines mentioned in subsection (d) above.
(2) The application is appropriate to the preservation of the environmental, architectural, or the historic character of the structure and property;
(3) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., planned development approvals, conditional use approvals, variance approvals, etc.); and
(4) That the application, if related to the demolition of a structure, is in accordance with the above criteria as well as the following considerations:
A. Demolition is strongly discouraged unless the building lacks historical integrity.
B. If the Board makes a finding that a building has historical integrity, alternatives to demolition should be investigated for up to 180 days before a decision is made including, but not limited to:
(i) Consultation with civic groups, public agencies and interested citizens.
(ii) Recommendations for acquisition of the property by public or private bodies.
(iii) Exploration of the possibility of moving one or more structures or features.
C. If demolition is approved, the applicant must adequately document the existing structure for the purpose of historical records.
(f) Time Limit.
(1) The applicant shall receive approval of a zoning certificate or sign permit, as applicable, within one (1) year of the date the COA was approved and comply with the time limits of the approved zoning certificate or sign permit, or the approval shall expire. The date of approval shall be the date the Design Review Board issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(3) Upon written request, one extension of six (6) months may be granted by the Zoning Inspector if the applicant can show good cause for a delay.
(4) The Design Review Board may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Design and Review Board shall have the right to appeal the decision to the Planning and Zoning Board as established in Section 1139.03.
(Ord. 2023-108. Passed 1-8-24.)