(A) Purpose statement.
(1) The designation of the TC Town Core Overlay District in the Town Master Plan is intended to protect the architectural integrity and community character of the older historic business district and the adjacent residential neighborhoods. While the area encompassed by the TC District includes many historically significant structures and many designated in the National Register of Historic Places, it is not per se intended to be a historic district. Rather the TC District is intended to conserve the architectural and geographic context of downtown and ensure the continued viability of town core businesses and to ensure that residential neighborhoods are not adversely impacted by inappropriate development, commercial traffic or by haphazard unplanned growth.
(2) The TC District recognizes the following facts, special conditions and circumstances:
(a) The town core area is a mixed use area consisting of small scale business activities and a variety of residence type dwelling units;
(b) Few vacant or undeveloped parcels of land currently exist in the town core area; few new structures can be built except for demolition of existing structures with subsequent new construction;
(c) Most properties either residential or commercial, cannot meet the lot size requirements or other provisions of this zoning chapter;
(d) Because the town core is largely comprised of the pre-code buildings (before 1931) the existing building stock is old, with building materials and architectural characteristics which provide a uniformly unique and distinguished character to the town core area. This characteristic cannot be easily replicated and would normally not occur with rebuilding or new construction;
(e) Many businesses now occupy structures designed for residential use and this adaptive re-use of these residential buildings is likely to continue; and
(f) Because of the unique topographic relationship to the Ohio River, the area encompassed by the TC District has outstanding river views.
(B) Objectives. Based upon the preceding special conditions and unique characteristics, the TC District is intended to accomplish the following objectives:
(1) Conserve, protect and enhance the architectural integrity of the district;
(2) Permit sensitive and compatible adaptive re-use of existing buildings;
(3) Ensure that new buildings and new construction is suited to the existing architectural context in terms of scale, building mass, exterior building materials and site arrangement;
(4) Preserve diverse residential opportunities within the town core;
(5) Enhance property values;
(6) Protect riverfront access and maintain river views;
(7) Encourage consistency in treatment of exterior building appearance through common signage, lighting and landscaping standards throughout the district;
(8) Stimulate reinvestment and new investment in existing structures; and
(9) Foster community wide pride and recognition of the town core area as a unique community resource.
(C) Designation. The official zoning map designates the TC District. The boundaries of this district may be altered from time to time through action by Town Council under procedures for zoning chapter amendments.
(1) General procedures.
(a) All structural and use alterations within the TC District shall require a certificate of appropriateness unless excepted herein.
(b) Exterior changes and alterations shall be reviewed by the Site Review Advisory Committee and a report forwarded to the Plan Commission for action.
(2) Specific actions requiring review and certification of appropriateness. Except as otherwise provided in this chapter, it shall be unlawful for any person, to:
(a) Construct, reconstruct, alter, move or demolish all or part of a building or principal structure within the TC District without a certificate of appropriateness;
(b) Alter or change the use of a building originally constructed for residential purposes in the TC District without obtaining a certificate of appropriateness by the Administrator;
(c) Make a change in use requiring interior structural alteration without review by the Administrator;
(d) Make an exterior change in driveways, walkways, fencing and the erection of accessory buildings without review by the Administrator;
(e) Make changes in use requiring exterior structural change, alteration, removal, construction or demolition without review by the Administrator; and
(f) Make changes in exterior appearance for existing uses and new uses involving new or replacement signage, lighting or parking facilities without review by the Administrator.
(3) Public hearing. All petitions for a certificate of appropriateness which are referred to the Plan Commission for action shall be afforded a public hearing prior to Plan Commission action.
(D) Standards and criteria for certificates of appropriateness. No certificate of appropriateness shall be issued unless the Administrator or Plan Commission finds that the applicant meets the following standards and criteria that the Board determines are applicable for either physical changes or use alterations, or both:
(1) Physical alteration or changes. To the maximum extent possible the effect of the proposed work, if carried out, will promote achievement of the one or more of following criteria and the criteria:
(a) Preserve, protect and perpetuate the original or existing external architectural features of the building or structure;
(b) Provide a harmonious stylistic relationship between the results of such work and the external architectural features of other improvements on the zoning lot and within the TC District;
(c) Preserve, protect and perpetuate the original, or existing distinctive character or special historic, aesthetic, architectural, archaeological or cultural interest or value of the TC Districts;
(d) For new construction, assure whether such construction would affect the external appearance of other improvements on such site or within the TC District; and
(e) Preserve, protect and perpetuate, allowable uses, economic health, protection of the public health, welfare and safety, and the protection of property values in the TC District area.
(2) Site improvement and maintenance standards. The design improvement and maintenance of a zoning lot subject to this overlay district, exclusive of the principal building on such lot, shall meet the following standards:
(a) The repair, replacement and addition of new improvements shall be carried out to be harmonious with the character of similar improvements elsewhere on the site and in the TC District in general, or in a manner consistent with the character of the adjacent properties;
(b) All walks, driveways, steps and accessory structures shall be maintained in a safe condition and kept in a proper state of repair;
(c) All off-street parking areas for automobiles shall be paved with bituminous, concrete or an equivalent dust-free surface; and
(d) All accessory structures, including detached garages, fences and walls, shall be maintained in a structurally sound and sanitary condition. All such accessory structures shall be appropriately weather modified and properly surface coated to prevent deterioration.
(3) Maintenance of exterior of structures. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary manner so as not to pose a threat to the health, safety or welfare of the occupants or the public and so as to protect the occupants or the public from the adverse effects of the environment.
(E) Denial of certificate of appropriateness.
(1) All petitions denied either by the Administrator, and/or by the Plan Commission shall receive a report stating the reasons for denial, the procedures available for the applicant to appeal the denial and recommendations to be taken by the applicant to secure a certificate of appropriateness.
(2) All petitions denied by administrative action and by actions of the Plan Commission may be appealed to the Board of Zoning Appeals.
(Ord. 1997-1, § 130.9(B), passed 1-22-1997)