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1104.01   DECLARATION OF PUBLIC POLICY; PURPOSE.
   Council hereby declares as a matter of policy that the preservation, protection, perpetuation and use of areas, sites, buildings, structures, works of art and other objects having a special historical, prehistoric, archaeological, community or aesthetic interest or value are public necessities and are required in the interest of the health, prosperity, safety and welfare of the residents of the City. The purpose of this chapter is to:
   (a)   Maintain and enhance the distinctive character of historic preservation districts and listed properties by safeguarding the architectural integrity of the various period structures and to prevent intrusions and alterations within such preservation districts that would be incompatible with their established character;
   (b)   Protect and complement the singular historical and architectural quality of the area, hereinafter defined as the preservation district, which is essentially devoid of a random mixture of old and contemporary structures and their modifications;
   (c)   Provide for the establishment of procedures whereby certain areas, structures, objects and works of art of historical, architectural or cultural importance to the community shall be safeguarded as listed properties and allowed that measure of protection afforded by a thorough study of alterations or demolition before such acts are performed; and
   (d)   Contribute to the economic, cultural and educational development of the City by:
      (1)   Protecting and enhancing attractions to residents, tourists and visitors;
      (2)   Stabilizing and improving property values;
      (3)   Improving the quality of life by enhancing the visual and aesthetic character, diversity and interest of the City;
      (4)   Fostering civic pride in the beauty and notable accomplishments of the past; and
      (5)   Promoting the use and preservation of historic locations, architecturally significant structures and other notable objects and sites for the education, enrichment and general welfare of the residents of the City and the State.
(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)
1104.02   DEFINITIONS FOR PRESERVATION AND DESIGN REVIEW REGULATIONS.
   As used in this chapter:
   (a)   "Alter" or "alteration" means any material change in the external architectural features of any property which lies within a preservation district or has been listed under the provisions of this chapter as a landmark, not including demolition, removal or construction, but including the landscaping, of real property.
   (b)   "Applicant" means any owner, person, association, partnership or corporation who or which applies for a certificate of appropriateness in order to undertake any change on property subject to this chapter.
   (c)   "Certificate of appropriateness" means the official document issued by the Design Review Board approving and/or concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of property, an archaeological or historic site, or a sign, in a Preservation district, or a landmark.
   (d)   "Change" means any alteration, demolition, removal or construction involving any property subject to the provisions of this chapter, including signs, landscaping and tree removal. "Change" shall include any new construction. "Change" shall not be related to ordinary maintenance or repair of any property, provided that such work involves no change in material, design, texture, color or outer appearance of such property.
   (e)   "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials and all windows, doors, lights, signs and other fixtures appurtenant thereto.
   (f)   "Historical significance" means the attributes of a district, site or property that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:
      (1)   That are associated with events that have made a significant contribution to the broad patterns of our history;
      (2)   That are associated with the lives of persons significant in our past;
      (3)   That embody the distinctive characteristics of a type, period or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
      (4)   That have yielded, or may be likely to yield, information important in prehistory or history.
   (g)   "Historical site" means the real property on which:
      (1)   Property having historical significance is located; or
      (2)   There is no structure, but which is itself of historical significance and has been designated as a landmark pursuant to the provisions of this chapter.
   (h)   "Landmark" means any property or site which has special character or archaeological, historical, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the City, the State or the United and States and which is designated as a landmark pursuant to the provisions of this chapter, and all property located in the City listed in the National Register of Historic Places upon notification of landmark status.
   (i)   "Landscaping" means and includes only major landscaping work that is to be on open tracts of land, parking lots, streets, alleys and other large open areas, but does not include the planting or arrangement of flowers and plants incidental to the enhancement of single properties.
   (j)   "Member" means any member of the Design Review Board.
   (k)   "Owner" means the owner or owners of record.
   (l)   "Preservation district" means any area so designated in accordance with the provisions of this chapter.
   (m)   "Property" means any place, building, structure, work of art, fixture or similar object, but shall not include real property, unless expressly provided.
   (n)   "Review Board" means the Design Review Board established under the provisions of this chapter.
   (o)   “Sign” means any object or device, or part thereof, situated outdoors, which is used to advertise, identify or display, or to direct or attract attention to, an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion illumination or projected images. Sign types are further defined in Chapter 1196 of the Zoning Code.
   (p)   “Site” means an archaeological or historic site.
(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95; Ord. 157-22. Passed 9-18- 23.)
1104.03   DESIGN REVIEW BOARD; MEMBERSHIP.
   (a)   The Design Review Board, hereinafter referred to as the Review Board, is hereby established and shall consist of seven members. Members shall be appointed by the Mayor with the approval of Council. All members should have a demonstrated interest in historic preservation, together with a determination to work for the overall improvement of the quality of the City's physical environment. An effort should be made to appoint persons with special expertise who may be of assistance in the efficient operation of the Review Board.
   (b)   Membership shall include:
      (1)   One member of the City Planning Commission.
      (2)   At least one registered architect.
      (3)   One civic leader.
      (4)   One member from the Department of Community Services and Economic Development.
      (5)   One representative of the designated preservation district.
      (6)   One professional in the disciplines of architectural history, archaeology, planning history, architecture, landscape architecture or related disciplines.
      (7)   One member of the religious clergy of the City.
   (c)   All members shall reside in the City, except for the members listed in paragraphs (b)(2), (4), (5) and (6) hereof, who may or may not be City residents.
   (d)   Each appointed member shall serve a term of two years and may be re-appointed for terms of two years, except that the initial appointments shall be staggered as follows: three members shall be appointed for a one-year term and may be re-appointed for terms of two years. Vacancies shall be filled within sixty days (unless there are extenuating circumstances) for the unexpired term in the same manner as original appointments are made.
   (e)   Members shall serve without compensation from the City.
   (f)   Any member of the Review Board shall be subject to removal for just cause by the Mayor, with the consent of Council.
(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)
1104.04   DESIGN REVIEW BOARD; RULES OF PROCEDURE; MEETINGS.
   (a)   As soon as convenient following their appointment to the Design Review Board, the members thereof shall meet and organize elections of a Chairperson and Secretary. The Board shall adopt its own rules of procedure and rules of procedure for conflicts of interest, and provide for regular and special meetings to accomplish the purposes of this chapter. The rules and procedures of the Board shall be made available for public inspection.
   (b)   A quorum shall consist of four members, but a lesser number may conduct public hearings or meetings at which the principal purpose is the collection of information, provided that no action binding on the Review Board shall be taken at such hearings or meetings. Decisions of the Review Board shall be made by a majority vote of the appointed members of the Board.
   (c)   There shall be at least four meetings held per year at regular intervals. Meetings will be publicly announced, open to the public and have a previously advertised agenda. Public notice must be provided prior to any special meeting.
   (d)   Minutes shall be kept and made available for public inspection. All decisions shall be made in public and the owner or person with legal or equitable interest will be given written notification of the decision.
   (e)   An annual report shall be prepared, which shall include Board activities, cases, decisions, special projects and qualifications of the members, etc. This report shall be kept on file and available for public inspection.
(Ord. 285-95. Passed 9-5-95.)
1104.05   DESIGN REVIEW BOARD; DUTIES.
   The Design Review Board shall have the following duties:
   (a)   The Review Board shall function to improve the quality of life in the City by striving to further and achieve the spirit and purpose of this chapter.
   (b)   The Review Board shall ensure the protection of property values in order to further the City's goals of sound economic and community development.
   (c)   The Review Board may make recommendations, according to guidelines established by the Ohio Historic Preservation Office, to the Planning Commission and Council for additions or revisions to this Planning and Zoning Code, or recommend legislation that would best serve to develop, preserve, restore and beautify the City.
   (d)   The Review Board shall review and act upon all applications for certificates of appropriateness as required in Section 1104.09.
   (e)   The Review Board shall conduct or cause to be conducted or assist in conducting a continuing survey and inventory (approved by the Ohio Historic Preservation Office) of all property, sites or areas of architectural, archaeological, historical and aesthetic interest in the City which the Board, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as a landmark or preservation district.
   (f)   The Review Board shall act as a liaison, on behalf of the City, to individuals and organizations concerned with historic preservation and shall work for the continuing education of the citizens of the City with respect to the architectural and historic heritage of the City, its landmarks and preservation districts, as designated under the provisions of this chapter, and shall make every effort to improve the overall design and the environmental awareness of the people. The Review Board shall keep current a register of all landmarks and preservation districts. All landmarks shall be given a number and a description accompanied by a photograph. The reasons for designating a landmark or for recommending the establishment of additional preservation districts shall be maintained securely and set forth in writing. This register shall be made available to Council, the City Planning Commission, the Board of Zoning Appeals, the Department of Community Services and Economic Development, the Division of Engineering, the Division of Buildings and the public.
   (g)   The Review Board shall review all proposed National Register nominations within its jurisdiction. The City may substitute review procedures which expedite the National Register review requirements.
   (h)   When the Review Board considers a National Register nomination and other actions which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Board, the Board shall seek expertise in this area before rendering its decision.
   (i)   The Review Board will encourage members to attend educational sessions at least once a year pertaining to the work and functions of the Board or on specific historic preservation issues. Barring extenuating circumstances, all Board members should attend such a session at least once yearly.
(Ord. 285-95. Passed 9-5-95.)
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