(a) Power and Responsibilities. The Downtown Design Review Board is hereby authorized and vested with the power and responsibility to:
(1) Authorize variances from the provisions of this Chapter as provided herein;
(2) Hear and decide appeals of administrative actions taken hereunder and as provided herein;
(3) Review and approve, conditionally approve or disapprove actions made subject to its authority;
(4) Recommend to the Planning Commission and City Council amendments to the provisions of this chapter; and
(5) Adopt rules to enable the implementation of its authority.
(b) Actions Requiring Review and Approval. The following actions shall require the review and approval of the Downtown Design Review Board:
(1) Any alteration assisted by a grant, loan, loan guarantee, interest subsidy or tax-exempt financing provided by the Federal Government, the State of Ohio or the City of Sidney or any of its agents; and
(2) Any demolition of an existing building or structure.
(c) Certificates of Appropriateness. An applicant seeking to undertake any of the above-noted alterations must secure the approval of, or variances from, the Downtown Design Review Board in the form of a certificate of appropriateness for his or her plans, before any other necessary permits are issued by other departments and officials of the City of Sidney.
(d) Appointments; Term of Office. The City Council shall appoint the following members to the Downtown Design Review Board:
(1) One member of the City Planning Commission;
(2) Two owners of property within the Downtown Design Improvement Area;
(3) One architect, landscape architect, City planner, interior designer, graphic artist or other design professional holding the license, registration or professional certification customary among practicing professionals in the particular field; and
(4) One member of the Mainstreet Sidney Board of Directors.
All members of the Board shall be residents of the City of Sidney. Two of the original members appointed shall serve a term of three years; two a term of two years; and one a term of one year. All subsequent appointments to the Board shall be for a period of three years. All members shall serve without compensation.
(e) Organization. The members of the Board shall elect one member to serve as Chairperson and another to serve as Vice-Chairperson, to serve as Acting Chairperson, in the absence of the Chair.
(f) Meetings. All meetings shall be at the call of the Chairperson.
(g) Time Limit for Board Action. To avoid undue delay of Downtown development projects, the Downtown Design Review Board shall meet to consider a complete application submitted before the Board within fourteen days of its receipt. The Board shall make a decision within thirty days of its initial deliberation of the matter.
(h) Application Process. Parties wishing to make alterations to affected properties within the Downtown Design Improvement Area shall submit an application, along with drawings and information that are deemed to be suitable by the City Manager or his or her designee to describe the applicant's intended plans, to the office of the City Manager. City staff shall evaluate the plans, make a recommendation on the suitability of the plans in accordance with the adopted design standards and forward the materials to the Downtown Design Review Board for disposition, in accordance with the provisions set forth in this chapter. The Board shall provide for a hearing, wherein the applicant can represent his or her proposal to the Board. The Board shall have final authority over the approval, outright or conditional, or denial, of the plans.
(i) Approval Criteria. In granting approval or conditional approval of any application, the Downtown Design Review Board shall prepare written findings of fact that:
(1) The proposed action is not likely to cause a significant depreciation in, or obstruction to, values of the subject property or its environs;
(2) The proposed action is not likely to have a harmful effect on the maintenance and improvement of the environment for retail business in the Downtown area;
(3) The Board's decision will not deprive affected property owners of a reasonable economic return from their property; and
(4) The proposed action is generally consistent with the applicable design review criteria set forth in Section 1312.06.
(j) Appeals. Appeals of decisions made by the Downtown Design Review Board shall be made to the Shelby County Court of Common Pleas.
(Ord. A-1985. Passed 2-13-95.)