§ 99.06 PROCESS.
   (A)   The CHRC shall review and have final approval authority over two types of applications - Landmark Designation Requests and Certificates of Appropriateness. Reviews for designation as a local landmark may occur outside of the boundaries of the Piqua Historic District, but once approved, all applicable regulations within Chapter 99 will become effective on the property.
   (B)   Application initiation. Any person, firm, corporation or agency may submit an application to the CHRC, provided they are the owner or the owner's representative of the property for which the application is being submitted.
   (C)   Public hearing. The CHRC shall set a date and time for a public hearing once an application is filed and fees are paid, which shall not be less than ten days nor more than 60 days from the filing date.
      (1)   Written notice of the hearing shall be given at least ten days prior to the hearing date to the owners of property within and contiguous to and directly across the street from the applicant's property.
      (2)   In addition, public notice of such hearings as to the time, place, date, and subject of the hearing, shall be placed on the City of Piqua website. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
   (D)   Landmark/district designation.
      (1)   Designation general review criteria. To consider the designation of any area, property, or site as a historic district or local landmark in the Piqua Historic registry, the CHRC shall apply the criteria below. A property is not required to be located within the boundaries of the Piqua Historic District to be considered for local landmark designation.
         (a)   Its character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation;
         (b)   Its location as a site of a significant historic event;
         (c)   Its identification with a person significant in our past;
         (d)   Its exemplification of the cultural, economic or social heritage of the city, state or nation;
         (e)   It portrayal of a group of people in an era of history, characterized by a distinctive architectural style;
         (f)   Its embodiment of distinguishing characteristics of a building type or architectural style;
         (g)   Its embodiment of elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation;
         (h)   Its identification as the work of an architect or master builder who work has influenced the city, state or nation; and/or
         (i)   Its potential to yield information important in prehistory or history (archaeology).
      (2)   Registry. A digital registry of structures and locations will be managed by the Community Services Department, which will be publicly available for review through the City of Piqua GIS portal.
         (a)   Inventory shall be recorded on Ohio Historic Inventory and Ohio Archaeological inventory forms, and/or forms compatible with SHPO's computerized inventory where possible.
         (b)   The CHRC shall work to conduct a continuing survey of cultural resources in the community according to guidelines established by SHPO.
         (c)   Properties listed on the Piqua Historic Registry and designated as local landmarks are required to meet all obligations, standards, and requirements of this chapter, even if they are not within the boundaries of the Piqua Historic District.
   (E)   Certificate of Appropriateness.
      (1)   General review criteria. Proposals must be approved where the applicant is found to have made a good-faith effort to match historic features with suitable materials and has achieved the stated goals of the CHRC and the spirit and intent of the Secretary of the Interior's Standards and Guidelines.
         (a)   Materials that would have been used in historic construction are encouraged and may be required to preserve significant features. In some cases, modern materials exist which are able to perform better in the weather and area not noticeably different viewed from public right-of-way. These modern equivalents may also be approved where the CHRC has found their use appropriate and in fulfillment of preservation goals.
         (b)   The CHRC and Community Services Director or his/her designee have the authority to make minor adjustments to the design standards of the City of Piqua Development Code (Title XV) for any Piqua Historic District property where the adjustment will achieve goals of historic preservation as outlined by the Secretary of the Interior's Standards and Guidelines.
      (2)   Certificate of Appropriateness is required before any change of any property within the district, including any demolition, construction, reconstruction, or restoration of the exterior of a building; erection of new signs: and any material alteration in, signage, exterior color, or external architectural features, may occur on any property registered within the Piqua Historic District. Any gradual change of a structure constituting a significant modification must also receive a Certificate of Appropriateness to achieve compliance.
      (3)   A Certificate of Appropriateness is not required for the following:
         (a)   The ordinary maintenance or repair of any property that does not involve a change in design, material, color, signage or outer appearance. This includes in-kind replacement of existing windows or doors;
         (b)   Any change that the Miami County Building Official determines to be required for public safety because of an unsafe condition;
         (c)   Interior arrangements within a building; and
         (d)   Where a building has been compromised and must be temporarily secured. For example, a broken window must be boarded or patched, or a temporary door installed until a compliant door may be found. A Certificate of Appropriateness for changes made for temporary security must be sought within 30 days of any modification.
      (4)   The Community Services Director or his/her designee has the authority to review and approve minor work in the Piqua Historic District. Minor work approvals will be reported to the CHRC and includes:
         (a)   Any modification to an existing structure, previously designated as not historically significant by the CHRC, that the Community Services Director or his/her designee deems to have no impact on any surrounding historically significant structure. Modifications must be found by the Community Services Director to be reasonably fitting with the character of the Piqua Historic District;
         (b)   The construction of a new structure on a property within the Piqua Historic District. To qualify as minor work, the new construction must meet all standards of the City of Piqua Development Code without any variance;
         (c)   Repainting of previously painted surfaces. Applicants are encouraged to select from historic color palettes appropriate to the era of the Historic District. Applicants are required to use their painting choices to highlight architectural features of a building with use of accent colors and to avoid using the same color over all surfaces of a facade. Applicants are encouraged to select paint colors that do not match those of neighboring structures. The Development Director may not approve any fluorescent paint color as minor work;
         (d)   In-kind repair or replacement of existing siding, doors, windows, roofs, gutters and downspouts. The Community Services Director may not approve any deviation from the materials or appearance of any significant architectural feature;
         (e)   Installation of, or changes to, off-street parking and loading, including curb cuts;
         (f)   Replacement, removal or installation of fencing;
         (g)   The removal of structures or additions previously designated by the CHRC as not historically significant;
         (h)   The installation of signs that meet all standards of the City of Piqua Development Code (Title XV) without any variance unless otherwise stated to require CHRC review; and
         (i)   Temporary installation of residential lights, art displays, signs or decorations for a period of less than 60 consecutive days. This does not include commercially zoned properties.
      (5)   It is recommended that applicants within the Piqua Historic District contact the city to verify a Certificate of Appropriateness is not required before proceeding with any work.
      (6)   Certificate revisions. Minor revisions to an approved Certificate of Appropriateness may be approved by the Community Services Director following review consistent with this chapter.
      (7)   Certificate expiration. An application submitted for a Certificate of Appropriateness will expire if there is no activity within 60 days of the issuance of the Certificate.
      (8)   Validity. A Certificate of Appropriateness remains valid for 180 calendar days. Construction of the change must be completed before the expiration of the issued Certificate of Appropriateness. The Community Services Director is authorized to grant, in writing, an extension of a Certificate of Appropriateness for a period not more than 180 calendar days. When requesting an extension of a Certificate of Appropriateness, the applicant must provide the Department with a letter stating the reason for the delay of project completion. In no case will a Certificate of Appropriateness remain valid for more than 12 months. Projects associated with expired certificates must submit a new Certificate of Appropriateness application and may be subject to denial.
   (F)   Alternative equivalent compliance.
      (1)   Alternative equivalent compliance is a procedure that allows an applicant for a COA, and other limited applications, to propose unique design options, new materials, or new technologies, as an alternative to a standard or guideline established in the City of Piqua Development Code provided it meets or exceeds the intent of the design-related provisions. It is not a variance, waiver or weakening of regulations; rather, this procedure permits an applicant to suggest an alternative approach that is very specific to the project and that is equal to or better than the strict application of a specific standard or guideline. An approval of an alternative equivalent compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.
      (2)   An alternative equivalent compliance application can be obtained at the Community Services Department. The application shall be reviewed simultaneously with the COA application with the CHRC having the authority to make a decision on both applications.
      (3)   Decisions on an alternative equivalent compliance application shall be based on consideration of the review criteria summarized as follows:
         (a)   The proposed alternative achieves the intent of the subject standard or guideline to the same or better degree than the subject standard or guideline;
         (b)   The proposed alternative achieves the goals and policies of the comprehensive plan to the same or better degree than the subject standard or guideline;
         (c)   The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard or guideline; and
         (d)   The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Historic Preservation Ordinance or the standards of Title XV - Development Code.
   (G)   Historical significance. For buildings and structures within the boundaries of the Piqua Historic District, the CHRC shall determine if a building is historically significant based on the criteria defined in § 99.03. If a structure is not determined to be historically significant by a majority of the CHRC by vote, the property may be permitted to have reduced requirements or have alternative equivalent compliance as defined in § 99.06(E).
   (H)   Decision. Minutes of each meeting shall be kept and shared publicly after they are formally approved. The CHRC shall render a written decision of a majority of the members of the Commission without any unreasonable delay after the close of a hearing, and in all cases, within 45 days after the close of the hearing. A copy of the decision and findings shall be sent to the owner, applicant, Planning Commission, and City Commission.
   (I)   Appeal. In the event that the CHRC does not approve an application, the applicant has the right to appeal that decision to the City of Piqua Board of Zoning Appeals, pursuant to the City of Piqua Development Code (Title XV).
(Ord. 3-24, passed 5-21-24)