(a) Purpose. The purpose of the COA is to provide a procedure by which to review construction, renovation, expansion, and demolition projects within a locally or nationally designated historic district or for locally or nationally designated historic properties. In an effort to preserve the character of these properties and districts, the City has established reasonable development standards and design guidelines for buildings and structures, and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(b) Applicability.
(1) No person shall make any exterior construction, reconstruction, alteration, or demolition of a structure exceeding 150 square feet in floor area on any property within a locally or nationally designated historic district or on a locally or nationally designated historic property or contributing building unless a COA has been approved by the Planning Commission and a certificate of zoning approval, if required, has also been issued.
(2) Site improvements, such as the establishment of a parking lot, landscaping, or other site work, or any changes to components of a property not specifically identified by the ordinance that applies to the historic district or property, shall not require a COA.
(3) Projects and activities that are exempt from the COA review procedure include:
A. The reconstruction, alteration or demolition of a structure or feature which has been ordered by the Building Official upon certification of an unsafe condition constituting an emergency;
B. Painting or general maintenance of a structure that does not alter exterior architectural features;
C. Changes in occupancy not involving structural or exterior work; and
D. Any interior renovations which will not alter and/or affect the exterior elevations or facade of the building or structure or any architectural features that are visible from the outside.
(c) COA Review Procedure. The review procedure for a COA shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Director of Community Development or the Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).
(2) Step 2 - Application.
A. The applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
B. In making application, the Director of Community Development or the Planning Commission may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(3) Step 3 - Administrative Staff Review. Upon determination that a COA application is complete, the Director of Community Development shall refer the application to the Planning Commission.
(4) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall review the COA application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. The Planning Commission shall, at a minimum, consider the review criteria of this section.
D. Within forty-five (45) days after the COA application is determined to be complete, or an extended timeframe approved by the applicant, the Planning Commission shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications, or deny the application. The Planning Commission shall make every effort to work with the applicant within this time period to develop a proposal that the Planning Commission can approve or approve with modifications.
E. The time period shall be extended to sixty (60) days from a public hearing, if the Planning Commission is required to hold a hearing to undertake an alternative equivalency review (See Section 1129.10.).
F. If a COA is denied, the City shall not issue any permits that would allow modifications for which the COA was denied. In cases where the Planning Commission has denied a COA, the Planning Commission shall state the reasons for such disapproval in writing and transmit the written statement to the applicant together with any recommendation the Planning Commission may have made for appropriate changes.
G. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
H. If a certificate of zoning approval is required for the subject work, the applicant may proceed with applying for the certificate of zoning approval following approval of the COA. Such certificate of zoning approval applications shall comply with the COA approval and any related modifications.
(d) Determining the Significance of a Structure.
(1) When making decisions or recommendations about changes to structures in the applicable historic districts or on historic properties, the Planning Commission shall have the authority to make a determination of the historical or architectural significance of the structure based on this section.
(2) For structures that the Planning Commission finds are not historically or architecturally significant, the Planning Commission may relax or waive the standards or guidelines that apply to the project.
(3) If the Planning Commission finds that the structure is historically or architecturally significant, the standards and guidelines of this code shall be fully applied as determined by the Planning Commission.
(4) The Planning Commission shall determine whether a structure or site is significant based on the structure's:
A. Value as a reminder of the cultural, historical, or archaeological heritage of the City, State, or nation;
B. Location as a site of a significant local, State, or national event;
C. Identification with a person or persons who significantly contributed to the development of the City, State, or nation;
D. Identification as the work of a master builder, designer, or architect whose individual work has influenced the City, State, or nation;
E. Value as a building that is recognized for the quality of its architecture and that it retains sufficient elements showing such architectural significance;
F. Example of an architectural style or period; and/or
G. Character as a contributing element in a locally or nationally designated historic district.
(e) Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the City;
(2) The proposed development incorporates any applicable standards or guidelines (See Section 1115.03.), to the maximum extent feasible;
(3) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., PUD approvals, conditional use approvals, variance approvals, etc.); and
(4) There is no feasible and prudent alternative alteration or change which would conform to the guidelines, and adhering to the guidelines would deny the owner a reasonable rate of return on the real property or amount to a taking of property without just compensation.
(f) Time Limit.
(1) The applicant shall submit a completed application for a certificate of zoning approval within one year of the date that the COA was approved or the approval shall expire. The date of approval shall be the date the Director of Community Development issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(3) Upon written request, one extension of one year may be granted by the Director of Community Development if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for certificate of zoning approval issuance based on the scale of the proposed development.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2022-22. Passed 5-10-22.)