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Codified Ordinances of Oxford, OH
Codified Ordinances of the City of Oxford, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 2480
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF OXFORD, OHIO
CHARTER
PART ONE - ADMINISTRATIVE CODE
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
CHAPTER 1152
Historic and Architectural Preservation
1152.01   Purpose.
1152.02   Interpretation.
1152.03   Definitions.
1152.04   Historic and Architectural Preservation Commission (HAPC).
1152.05   Authority and duties.
1152.06   Designation of historic sites and districts.
1152.07   Certificate of Appropriateness.
1152.08   Moving of historic structures.
1152.09   Demolition review and requirements.
1152.10   Inspections and compliance.
1152.11   Substandard conditions.
1152.12   Administrative findings (violations).
1152.13   Appeal.
1152.99   Penalties.
   1152.01 PURPOSE.
   In addition to the purpose established for this overall code in Section 1123.01, it is the purpose of this chapter to promote and protect the health, safety, and general welfare of the public as a matter of public policy through:
   (a)   The protection, enhancement and use of structures, sites and areas that are reminders of past eras and events and persons important in local, state, or national history;
   (b)   The development and maintenance of appropriate settings and general environment of the aforementioned structures, sites, and areas.
   (c)   The preservation and encouragement of a city of varied architectural styles, reflecting the distinct phases of Oxford's history. In addition, this chapter is intended to maintain and enhance the scale and basic character of Oxford's historic structures, sites, and areas through:
   (d)   Protecting and preserving the basic characteristics and salient architectural details of structures, insofar as the characteristics and details are compatible with the basic characteristics of Oxford's historic areas;
   (e)   Affording the widest possible scope of continuing vitality through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which Oxford's historic areas may continue to exist as living, changing commercial and residential areas, not static museums;
   (f)   Encouraging development of vacant and incompatibly developed properties in accordance with character of the area; and
   (g)   Encouraging maximum use by and convenience to pedestrians.
   (h)   Fostering civic pride; and
   (i)   The provision of preservation information and advice to property owners and the general public. (Ord. 3530. Passed 6-4-19.)
   1152.02 INTERPRETATION.
   The Historic Preservation Administrator is responsible for the interpretation of all procedural provisions in this chapter.
(Ord. 3530. Passed 6-4-19.)
   1152.03 DEFINITIONS.
   For the purpose of this chapter, unless the context clearly states otherwise:
   (a)   "Applicant" means any person, persons, association, partnership, or corporation who applies for a Certificate of Appropriateness in order to undertake any modification of property subject to the provisions of this chapter.
   (b)   "Certificate of Appropriateness" or "COA" a certificate issued by the Historic and Architectural Preservation Commission indicating that a proposed change, alteration, addition or demolition of a historic building or structure within a historic district is in accordance with the provisions of this chapter and the adopted design guidelines.
   (c)   "Council" means the Council of the City of Oxford.
   (d)   "Historic and Architectural Preservation Commission" or "HAPC" is the body created and empowered by this chapter to represent the historic preservation interests of Oxford as set forth in this chapter and elsewhere in the Codified Ordinances of Oxford, Ohio.
   (e)   "Historic District" means any area recommended by HAPC and designated by the Council which contains two or more Historic Sites, including those properties that the Council determines should fall under the provisions of the Chapter in order to assure that their appearance and development is harmonious with such Historic Sites.
   (f)   "Historic" means
      (1)   Historic Site: any place, area, structure, work of art, or object which has special character or special historic or architectural value as part of the development, heritage or cultural characteristics of Oxford, the State of Ohio, or the United States, and which has been designated as such pursuant to the provisions of this chapter;
      (2)   Historic Structure: Any structure that has or once had special character, or special historic or architectural value as part of the development, heritage or cultural characteristics of Oxford, the State of Ohio, or the United States, and which has been designated as such pursuant to the provisions of this chapter.
Structures in this category will generally be fifty (50) or more years of age. The historic form and character of the building is visually accessible and if not accessible, it could be restored to its historic form and character.
   (g)   "Historic Non-contributing" means structures that will generally be fifty (50) or more years of age. The historic form and character of the building is not visually accessible or has been obliterated by incompatible remodeling, irreversible alteration, decay, or damage.
   (h)   "Historic Preservation Administrator" means the person designated by the City Manager to administer the provisions of this Chapter.
   (i)   "Modification, Major" means any construction of a new, independent structure; construction or other alteration or addition that changes the square footage of an existing structure; construction or other alteration that changes the architectural style of an existing structure or portion thereof; any removal of important stylistic features such as chimneys, latticework, gables, barge board gingerbread, soffets, shutters, windows, and doors; alteration of exterior surfaces such as wood to vinyl and painting unpainted surfaces.
   (j)   "Modification, Minor" means any construction or alteration that does not change the architectural style of an existing structure and is not a major modification; repair or update of any exterior element to comply with current building code, including ADA, shall be considered a minor modification for the purposes of this chapter.
   (k)   "Municipal Infrastructure" means publicly owned, maintained, or operated property including utilities, streets, curbs, gutters, sidewalks, utility poles, street lights, traffic control signs, metering devices, and appurtenances thereto. Objects placed upon publicly owned property such as bicycle racks, waste receptacles, tables, benches, recreation equipment, vending machines, and other similar devices can be considered municipal infrastructure. Wholly or partially enclosed structures shall not be considered municipal infrastructure for the purposes of this chapter.
   (l)   "Neglect" means a situation in which property owners, or others having legal possession, custody, or control of a property, allow the condition of the property to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure.
   (m)   "Non-Contributing" means any structure which has no architectural merit, no historic events or persons connected with it and which would not adversely affect the surrounding architectural or cultural streetscape if it were removed. Generally buildings in this category will be fifty (50) or fewer years of age. The loss of the building would not have a negative impact on the historic character of the district. The loss of the building would improve the consistency and cohesion of the historic district.
   (n)   "Non-Historic Contributing" Generally buildings in this category will be fifty (50) or fewer years of age. The façade of the building conforms to the general character of the street wall in height, massing, proportion, fenestration, material, color, and detail. The building is in balance with the historic buildings in the district context and neither overwhelms nor detrimentally alters the historic character of the district. If the building does not conform stylistically to the character of the district, it nevertheless stands in an appropriate dialogue with the context. The building is typologically appropriate to the district.
   (o)   "Ordinary Repairs and Maintenance" means replacement of any part of a property where the purpose and effect of such work and replacement is to correct or prevent any deterioration or decay to such property, or any part thereof, and to restore same, as nearly as may be practicable, to its original condition and appearance, including minor repair of exterior surfaces including caulking, repointing, and nonabrasive cleaning.
   (p)   "Owner" means the owner of record and the term shall include the plural as well as the singular.
   (q)   "Pre-Application Review" means a review of the ideas, principles, and general standards behind a proposed modification; a less detailed examination of a proposed modification than is required for a Certificate of Appropriateness.
   (r)   "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
   (s)   "Reconstruction" means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. This definition shall only apply to the use of the term "reconstruction" within this chapter.
   (t)   "Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
   (u)   "Restoration" means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
      (Ord. 3530. Passed 6-4-19.)
   1152.04 HISTORIC AND ARCHITECTURAL PRESERVATION COMMISSION (HAPC).
   (a)   In order to execute the purposes declared in this chapter, there is hereby established the Oxford Historic and Architectural Preservation Commission (HAPC). All members shall have, to the greatest extent practicable, interest and proficiency in historic and architectural preservation and adaptive reuse.
   (b)   The HAPC shall consist of seven voting members. Membership shall be composed of:
      (1)   One City of Oxford Council member;
      (2)   One City of Oxford Planning Commission member, who is not also a member of Council;
      (3)   One member shall be an owner of real property or be a proprietor of a business in one of Oxford's Historic Districts; and
      (4)   Four members based on the following guidelines:
         A.   Two members with professional training or employed in professions related to historic preservation, such as architecture, architectural history, history, archaeology, planning, real estate, building construction or law related to any of these.
         B.   Other members who own real property in Oxford and either:
            1.   Are proprietors of businesses in a historic district or
            2.   Are residents in the historic districts, or
            3.   Have demonstrated a special interest in historic preservation and related matters.
   (c)   The City Manager, and/or their designee, shall serve as an ex-officio member.
   (d)   Members of the HAPC shall be appointed by a majority of Council.
   (e)   HAPC members shall serve for a period of four years and without compensation.
   (f)   Terms shall be staggered so that one or two members' terms expire each year.
   (g)   The members of the HAPC shall select a member of the Commission as a Chairperson (Chair) and a Vice-Chairperson (Vice-Chair).
   (h)   Vacancies on the HAPC shall be filled within sixty (60) days, to the maximum extent practicable.
   (i)   One who is absent without justifiable excuses for three (3) consecutive regular meetings shall be regarded as vacating their membership and Council will be advised by the Chair to appoint a new member to fill the term.
   (j)   The HAPC shall hold such meetings as it may require, and shall designate the time and place thereof. A minimum of four meetings shall be convened per calendar year.
   (k)   Four voting members shall constitute a quorum for the transaction of business.
(Ord. 3530. Passed 6-4-19.)
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