(a) Authority. A Downtown Design Review Board is hereby authorized and vested with the power and responsibility to:
(1) Authorize variances from the provisions of this Code as provided herein.
(2) Hear and decide appeals of administrative actions taken hereunder as provided herein.
(3) File complaints with the Board of Zoning Appeals with requests for enforcement action.
(4) Review and approve, conditionally approve or disapprove all actions made subject to its review hereunder.
(5) Promote good design and maintenance in the Downtown area through publicity and education.
(6) Recommend to the Village Council the employment of staff or consultants to advise on Downtown design concerns.
(7) Recommend to the Planning Commission and the Village Council amendments to the provisions of this Code.
(b) Applicability of Board Review. The following actions shall require review and approval of the Downtown Design Review Board:
(1) Any alteration, as defined herein, undertaken by the Village of Mt. Gilead, Morrow County, or other public bodies to the extent that municipal review thereof is not pre-empted or prohibited by State or Federal law;
(2) Any alteration assisted by a grant, loan, loan guarantee, interest subsidy or tax-exempt financing from or administered by the Village;
(3) The establishment or expansion of any use designated as a special review use hereunder; and
(4) Any other action that:
A. Requires a building permit, sign permit or conditional use Permit under other Village ordinances; and
B. Is valued at one thousand dollars ($1,000) or more in construction cost.
(c) Exemption From Board Review.Actions provided in subsection (b) hereof, other than special review uses, shall be exempt from Downtown Design Review Board review if, in the judgment of the Downtown Design Review Board, they will not affectthe exterior appearance of a premises that is visible from a public thoroughfare, a public park or any other public area.
(d) Appointments: Officers: Removal From Office.
(1) The Mayor shall appoint a Downtown Design Review Board to implement the standards that are ultimately adopted by Village Council. The Board will consist of seven members with the following qualifications:
A. All members must reside in Morrow County.
B. A majority of the members must reside in the Village.
C. All members must either be owners of property within the designated revitalization area or their appointees.
Members are to serve without compensation.
(2) The members of the Board shall elect:
A. A Chairperson.
B. A Vice-Chairperson to serve as Acting Chairperson in the absence of the Chairperson.
C. Another to serve as the Secretary of the Board.
The Board may also appoint people to serve on an advisory committee.
(3) The Mayor shall have the power to remove any member for cause after a public hearing is held and a copy of the charges against such member has been delivered to the member at least ten days prior to the hearing. The member shall be given an opportunity to answer suchcharges.
(e) Meetings: Quorum: Records.
(1) All meetings shall be held at the call of the Chairperson and at such other times as the Board shall determine and all meetings shall be open to the public except when an executive session is authorized by law. No official action shall be taken in the absence of a quorum of four members.
(2) The Board shall keep minutes of its proceedings. The minutes shall show the vote, absence or abstention of every member upon every official action and shall be a public record on file in the Mayor's office.
(f) Public Hearings.Requirements for public hearings before the Downtown Design Review Board and for public notice thereof shall be as follows: For variances and appeals, they shall be as provided for variances and appeals, respectively, under the Village Zoning Code. For special review uses and all other applications, they shall be as provided for conditional uses under the Village Zoning Code.
(g) Pre-Filing Conference.Prior to any required application made under the provisions of this Code, a prospective applicant may request a preliminary meeting with the Board to present general information on intended actions and receive general guidance from the Board before proceeding with subsequent stages of design.The Board shall furnish a written record of the guidance it provided at such conference at the request of the prospective applicant.
(h) Time Limit for Board Action.To avoid undue delay of Downtown development projects, the Downtown Design Review Board shall meet to consider an application for Board approval within thirty days of the date a complete and accurate application therefor has been filed. The Board shall, within sixty days of such filing date, either approve, conditionally approve or deny the application.
(i) Modification of Disapproved applications.If requested by the applicant, the Board shall specify, in writing, the minimum modifications to a disapproved application that, if agreed to by the applicant, would enable a majority of the Board to approve the application.
(j) Approval Criteria. In granting approval or conditional approval of any application, the Downtown Design Review Board shall prepare written findings of fact that:
(1) Property values. The proposed action is not likely to cause a significant depreciation in, or an obstacle to an increase in, property values in its environs.
(2) Retail environment. The proposed action is not likely to have a harmful effect on the maintenance and improvement of the environment for retail business in the retail frontage or the downtown area generally.
(3) Economic use of property. The Board's decision on the application will not deprive affected property owners of reasonable use or reasonable economic return from their property.
(4) Design review criteria. The proposed action is generally consistent with applicable design review criteria set forth in Section 1327.19.
(k) Modification of Other Codes.The Board's decision on the application shall not modify the particular allowances and prohibitions of the Village Zoning Code, Subdivision Regulations, the Building Code or other development controls, except as specifically authorized herein to achieve more satisfactory design. Except as explicitlyauthorized herein, the Board shall not disallow a land use, land use intensity, building height or other characteristic of development that is allowed by the Village Zoning Code, nor shall the Board allow a use or development standard disallowed by the Zoning Code. The Board may recommend to the Village Council amendments to such other codes or regulations that it believes are necessary to achieve design objectives.
(1) Special Review Uses.
(1) Applicability.
A. No use that is a special review use under this Code shall be established or expanded, nor shall any permit or certificate of appropriateness be issued by the Village therefor, on or subsequent to the date of effect of this Code, until such use has been approved by the Downtown Design Review Board and until any conditions to which such approval has been made subject have been complied with.
B. Uses that are special review uses hereunder are:
1. Within the Design Improvement Area: Single-user parking, as provided in Section 1327.16(d).
2. Within the Downtown Commercial District:
a. Nonretail uses on the ground floor, as provided in Section 1327.15(b).
b. Parking lots, as provided in Section 1327.16(a).
c. Driveways across sidewalks, as provided in Section 1327.16(b).
(2) Existing uses.Any lawful use existing on the date of adoption of this Code or any amendment thereto that requires special review use approval under such Code or amendment shall be considered a lawfuluse without the need for approval as a special review use hereunder. It shall be the responsibility of the user of the property to provide evidence of the existence of the use on or prior to such date.
(3) Expansion, changes or alterations.Any change of, expansion of, addition to or structural alteration of a special review use, or of a use qualifying under paragraph (1) (2) hereof, shall require a separate approval as a special review use.
(Ord. 1275. Passed 9-20-93.)