(a) Establishment. There is established a Preservation Commission consisting of five members, each of whom shall be a resident and qualified elector of the City. Each member shall be appointed by the Mayor, subject to approval by Council: one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Each year thereafter, the Mayor shall appoint one person, as successor of the member whose term expires, to serve a term of five years, subject to approval by Council. Any vacancy shall be filled for the unexpired term. The Mayor, at any time, may remove any member from office for misconduct, neglect of duty, malfeasance in office, or other cause, subject to approval by Council. Preservation Commission members shall serve without compensation except as may otherwise be provided by Council.
(b) Consideration of Members. When practical, the following should be considered when making appointments to the Preservation Commission.
(1) Priority should be given to those persons, meeting the above requirements and who reside or own commercial buildings in the Preservation District.
(2) The members of the Preservation Commission shall be selected with due regard for the need for balance among the diverse interests in order to encourage historic conservation and preservation of resources, while also protecting the interests of existing residents and businesses.
(c) Preservation Commission Selection Goals. The following goals for selection of members shall be encouraged, but not required:
(1) One (1) business owner in the Preservation District;
(2) One (1) historian;
(3) One (1) realtor;
(4) One (1) certified: engineer, architect or landscape architect;
(5) One (1) financial/broker.
(d) Member Knowledge. All members should have, to the highest extent possible, a recognized knowledge of, and a known interest in architectural preservation and design.
(e) Chairman. The Chairman shall conduct the meetings of such Preservation Commission according to established rules of procedure governing boards and commissions, BCR-2002 (unless otherwise specifically provided by Ordinance), determine the order of meeting agendas, empowered to administer oaths to each person offering testimony for consideration of such Preservation Commission, and to sign any certificates or documents as ordered by a vote of such Preservation Commission.
(f) Standards and Guidelines. The City shall provide all members of the Preservation Commission with the most recent update of the "United States Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings" by Morton, Hume, Weeks, and Jandl (U.S. National Park Service, Preservation Assistance Division, 1991, as reprinted in 1997). Copies are available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328. These copies shall remain the property of the City and shall be returned to the City when a member's term has been fulfilled or a resignation is tendered.
(g) Educational Sessions. The members shall attend educational sessions when available, conduct self-guided study of available multimedia resources with particular attention to the "Secretary of the Interior's Standards for the Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings," and share information with other Preservation Commission members, City staff, and residents of the City in order to increase knowledge of preservation issues.
(h) Meetings. The Preservation Commission will meet at least once each month when there are applications to be considered.
(i) Powers and Duties. The Preservation Commission is charged with the following powers and duties:
(1) The Preservation Commission shall create, maintain, and continually update the Historic Resource Inventory. The Inventory shall contain a survey of cultural resources in the community, including all buildings, structures, sites, objects, and areas of architectural, historic, or aesthetic interest. The Historic Resource Inventory shall consist of a completed Ohio Historic Inventory Form, a Facade Condition Survey Form, and a narrative and photographic history of each building. This information shall be updated at least every ten (10) years through research of public records, collecting anecdotal information, and conducting an exterior survey of all street facades of buildings within the established Preservation District. The Preservation Commission is encouraged to include other potential Historic Resources within the City boundaries.
(2) The Preservation Commission, on its own or at the request of a building owner, may recommend to Council that the designation of "Historic Resource" be assigned to each building within the Preservation District that meets the criteria in the definition of a "Historic Resource." When necessary, the Preservation Commission may also recommend that a current designation of "Historic Resource" be removed. Council may act upon such recommendations by resolution or ordinance. The Historic Resource Inventory shall be kept at the City offices and be available for review by the public.
(3) The Preservation Commission shall review and act upon all applications for Certificates of Appropriateness for any proposed alterations or changes to property within the boundaries of the Preservation District established by City Council. The Preservation Commission's issuance of a Certificate of Appropriateness shall be secured before a Zoning Certificate shall be issued or any owner of property may commence work thereon.
(4) The Preservation Commission may recommend the inclusion of funds in the annual Municipal budget for the Preservation Commission to confer with technical experts, as required, better evaluating a Historic Resource or rendering a judgment on a Certificate of Appropriateness.
(5) The Preservation Commission shall act in an advisory role to City officials and department heads, council commissions, committees, and boards regarding the protection of local historic resources. In this capacity, the Preservation Commission may:
A. Act in an advisory role to City officials in the updating of the City's Master Plan, the Planning and Zoning Ordinance, or this chapter necessary to promote the success and preservation of historic resources in the Preservation District, including additional design review guidelines and the design and location of business signage;
B. Recommend to City Council any additions or revisions to the Preservation District boundaries, including recommendations for the inclusion of non-contiguous properties;
C. Recommend infrastructure improvements in the Preservation District, such as paving styles, the relocation/placement of streetlights, landscaping, and the design and location of street furniture in the Preservation District;
D. Assist the City, business owners, and residents in the application for grant funding consistent with the objectives of this chapter.
(6) On behalf of the City, the Preservation Commission shall act as a liaison to individuals and organizations regarding the protection of local historic resources.
(7) The Preservation Commission shall work for the continuing education of the residents of the City, with respect to the architectural and historic heritage of the City as designated in the Historic Resource Inventory and Preservation District.
(8) The Preservation Commission may assist the City in notifying each property owner within the Preservation District of the establishment of the Preservation District within a reasonable time of the establishment of the District, and also whenever the City gains knowledge of the transfer of ownership of a property within the Preservation District. The notice shall be delivered to the address of the owner as it appears on the current tax list. [NOTE: Failure of the City or Preservation Commission to notify a property owner shall not absolve the owner from adhering to any provision of the Preservation District Ordinance.]
(9) The Preservation Commission shall maintain a library of preservation resources to be used by Preservation Commission members for increasing their knowledge of architectural preservation and design. These resources will also be made available to owners of historic resources in the City of Napoleon on a lending library basis with reasonable return due dates.
(10) The Preservation Commission shall encourage and assist building owners with procedures for seeking National Register designation.
(11) The Preservation Commission shall do all things required of it as found in the City's Planning and Zoning Code.
(Ord. 031-09. Passed 5-18-09.)