(A) Purpose. The purpose of this section is to maintain a high character of community development, to protect and preserve property, to promote the stability of property values and to protect real estate from impairment or destruction of value for the general community welfare by regulating the exterior architectural characteristics of structures throughout the hereinafter defined Architectural District. It is the further purpose of this section to recognize and preserve the distinctive historical and architectural character of this community which has been greatly influenced by the architecture of an earlier period in this community’s history. These purposes will be served by the regulation of exterior design, use of materials, the finish grade line, landscaping and orientation of all structures hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled in the hereinafter defined Architectural District.
(B) District boundaries. There is hereby established an Architectural District which shall include all lots and land within the District described by Railroad Street as its western boundary, then north to Dix Street, then easterly to Sandusky Street, then southerly to Spring Street, then easterly to Portner Street, then southerly to the first east/west alley being south and parallel to East Broadway Street then running parallel to West Broadway Street to Railroad Street, being the point of beginning and as fully described by the District map which is attached to Ordinance 30-2014 as Exhibit A.
(C) Application and notice.
(1) Whenever a structure, as defined by this Code of Ordinances, whether public or private, within the above-described District is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement or remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for a certificate of appropriateness shall be filed with the Village Administrator.
(2) The application shall be accompanied by a line drawing indicating, at a minimum, the lot dimensions, size, shape and dimensions of the structure, the location and orientation of the structure on the lot and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, landscaping and orientation of the structure. Applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by 50% or more, shall be accompanied by a colored elevation showing, at a minimum, the design, use of materials, finish grade line, landscaping and orientation of buildings. In addition, the Board of Architectural Review may require the submission of colored perspectives or architectural renderings.
(3) (a) Upon receipt of an application for a certificate of appropriateness, which is accompanied by the material required by the provisions of subsection (C)(2) hereof, the Village Administrator shall schedule a hearing on the application, which shall be held at the next regular Board meeting occurring more than 14 days after the application is filed or at such special meeting called for this purpose. The 14 day requirement herein may be waived by the Board for good cause shown.
(b) At the hearing, all testimony shall be received under oath or affirmation, a verbatim record of the proceedings shall be kept, the application shall be allowed upon application and deposit of fees to the issuance of subpoenas for the attendance of witnesses, and all testimony shall be subject to cross-examination.
(c) The Board shall render its decision within a reasonable time after the hearing, not to exceed 60 days, and advise the applicant in writing thereof.
(d) In addition, there shall be a notice posted on the subject property stating that an application has been filed and the date of the hearing.
(D) Board of Architectural Review. The Village Planning Commission shall act as the Board of Architectural Review when considering any application for a certificate of appropriateness.
(E) Standards for review: Certificate of Appropriateness.
(1) The Board of Architectural Review, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes, preserves and enhances the distinctive historical village character of the community and would not be at variance with existing structures within that portion of the District in which the structure is or is proposed to be located as to be detrimental to the interests of the District as set forth in this section. In conducting its review, the Board shall make examination of and give consideration to the elements of the application, including but not necessarily limited to:
(a) Height, which shall include the requirements of § 154.085.
(b) Building massing, which shall include in addition to the requirements of § 154.085, the relationship of the building width to its height and depth, and its relationship to the viewer’s and pedestrian’s visual perspective.
(c) Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship to window openings.
(d) Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to porches and overhangs and the horizontal or vertical expression which is conveyed by these elements.
(e) Roof shape, which shall include type, form and materials.
(f) Materials: texture and color, which shall include a consideration of material compatibility among various elements of the structure.
(g) Compatibility of design and details, which shall include the appropriateness of the use of exterior design details.
(h) Landscape design and plant materials, which shall include, in addition to the requirements of this Code of Ordinances, lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views.
(i) Pedestrian environment, which shall include the provision of features which enhance pedestrian movement and environment and which relate to the pedestrian’s visual perspective.
(j) Signage, which shall include, in addition to requirement of §§ 154.120 et seq., the appropriateness of signage to the building.
(2) In conducting its inquiry and review, the Board may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Board shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to it.
(3) When its review is concluded, the Board will determine by a vote of its members whether the application for a certificate of appropriateness shall be approved. If approved by three or more of its members, the Board shall return the application and appended material to the Village Administrator with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit, if applicable, are met. If not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein.
(F) Preservation of property upon demolition of a structure.
(1) Whenever a structure within the District is proposed to be demolished, an application for a certificate of appropriateness shall be filed with the Village Administrator as provided in this section. In considering such application, the Board of Architectural Review shall limit its inquiry to the proposal for grading, landscaping and other design treatment of the property once the structure has been removed.
(2) Nothing in this section shall be construed to prevent the demolition of a structure, whether public or private, within the District.
(G) Repair or maintenance exception. Nothing in this section shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the District.
(Ord. 30-2014, passed 12-23-14)