Historically significant buildings are valued in Summit County based upon their contribution to the general welfare, aesthetics and values of property and historical education of Summit County. Historically significant buildings tell the story of Summit County and provide architectural and/or cultural significance. The purpose of these regulations is to provide for the adaptive reuse of a historically significant building with a new use that meets the criteria set forth in this Code.
A. No Increase In Density: No increase in density above those uses in the underlying zoning district is or shall be granted through these provisions except as provided for by this section.
B. Use Must Be Contained Within The Historic Structure: The adaptive reuse of a historically significant building must be confined to the building itself.
1. Exception: The adaptive reuse may include exterior patios and decks, provided they are associated with the use, and the patios and decks do not detract from the historical character of the building.
C. Determination Of Historic Significance Required: Prior to any review for an adaptive reuse of the property, the property owner must demonstrate that the structure is "historically significant". Determinations of historical significance shall be made by the Planning Commission, who must find that the structure or building meets at least one of the following definitions set forth in subsection D of this section.
D. Historically Significant Within Summit County Is Defined As:
1. The building or structure is identified with important events of Summit County history, or exemplifies significant contributions to the broad cultural, economic or social history of Summit County;
2. Is associated with the lives of historic personages important to Summit County history; or
3. Embodies the distinctive characteristics of a style, type, period, or method of construction; or represents a notable work of a master designer, builder, or architect whose individual genius broadly influenced Summit County.
E. Additional Uses Allowed: In addition to the allowed, conditional and low impact uses designated in the underlying zoning district, the following uses may be approved as a conditional use in a historically significant building in any zoning district:
1. Professional office;
2. Restaurant; and
3. Retail commercial establishments.
F. Qualifying Provisions: In order to qualify for conditional use review under section 11-4-7, "Conditional Use Permits", of this title, the applicant must first demonstrate compliance with all of the following to the Planning Commission:
1. The building is designated as historically significant by the Planning Commission. The designation process must be completed prior to the County accepting a conditional use permit application for the structure unless the Community Development Director determines that it is in the best interest of the County to process the designation and conditional use permit applications together.
2. The adaptive reuse will require minimal physical change to the building as these features are important in defining the overall historic character of the building and environment.
3. The adaptive reuse is contained entirely within the historically significant structure, unless specifically excepted in subsection B1 of this section.
4. If applicable, significant archaeological resources affected by the project shall be protected and preserved. If such resources, for the adaptive reuse, must be disturbed, mitigation measures may be undertaken and approved by the Community Development Director. Disturbances to archaeological resources shall be kept to a minimum.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize the property shall be preserved.
6. The adaptive reuse will not have a material net cumulative adverse impact on the neighborhood or the County due to:
a. Traffic;
b. Parking;
c. Signs;
d. Lighting;
e. Removal of landscaping; and
f. Noise, fumes or odors.
G. Deed Or Restrictive Use Covenant Required: As a condition of the adaptive reuse of a historically significant structure conditional use permit, the property owner shall record a deed or restrictive use covenant to benefit the County, which protects the historical structure from demolition and changes contrary to the intent of the preservation of historical structures provision herein. (Ord. 894, 3-13-2019)