(1) Purpose
The overall purpose of the RA District is to preserve and maintain that unique character of historical Tippecanoe City that serves as a visible reminder of the history and cultural heritage of the city, state, and nation. Furthermore, it is the purpose of this district to stabilize and improve property values within the Old Tippecanoe Restoration District by protecting the historical character and architectural details of structures within the district, minimizing the demolition of historical structures, and encouraging new buildings and developments that will be harmonious with the existing historic architecture.
(2) Applicability and COA Required
(a) No person shall make any exterior construction, reconstruction, alteration, or demolition on any property within the district unless a certificate of appropriateness has been issued by the Restoration Board or Zoning Administrator, as may be applicable. See § 154.03(E).
(b) In no case shall the regulations for this district imply control or regulation of the interior arrangement or design of a building or structure.
(3) Establishment of District Boundaries (Existing)
(a) The district contains all lots which abut Main Street between the canal on the east through lots 201 and 407 on the west. In addition to that area, between the canal and Second Street, and all lots north of Dow Street. Between Second and Third Street, the district also contains all lots between Walnut and Main, and between Third Street and Fourth Street, it contains all lots between Dow and Main Streets, and between Fourth Street and the railroad, it includes lot 121.
(b) Specifically the lots in the district are as follows: Inlots 1, 14 through 45, 48 through 51, 78, 79, 115 through 118, 121, 127 through 142, 193 through 196, 201, 362 through 369, 491, 617 through 619, 1038 through 1041, Outlot 44, Outlot 45, Outlot 30 north of the east-west alley.
(i) The southern half of Inlot 4019 (old Inlot numbers 29 and 30), remains within the Old Tippecanoe Restoration and Architectural Zoning District.
(ii) Inlot 3627 and 3628 (a portion of old Inlot number 25), remains within the Old Tippecanoe Restoration and Architectural Zoning District.
(4) Permitted Uses
The uses permitted in the RA district shall be as allowed in the underlying base zoning district.
(5) Review Standards and Guidelines
In addition to any applicable standards of the underlying base zoning district or standards found in this section, any construction, modification, expansion, or other changes subject to a certificate of appropriateness review shall be subject to the applicable design standards and guidelines that are established in the Old Tippecanoe City Restoration and Architectural District Design Manual, as adopted by City Council. The manual shall hereafter be referred to as the design manual.
(6) Determining the Significance of a Structure
(a) When making decisions or recommendations about changes to structures in the RA District, the Restoration Board shall have the authority to make a determination of the historical significance of the structure based on this section.
(b) For structures that the Restoration Board finds are not historically significant, the board may relax or waive the standards or guidelines found in the design manual.
(c) If the Restoration Board finds that the structure is historically significant, the standards and guidelines of the design manual may be fully applied at the discretion of the Restoration Board and as further described in the design manual.
(d) The Restoration Board shall determine whether a structure or site is significant based on the structure's:
(i) Value as a reminder of the cultural or archaeological heritage of the city, state, or nation;
(ii) Location as a site of a significant local, state, or national event;
(iii) Identification with a person or persons who significantly contributed to the development of the city, state, or nation;
(iv) Identification as the work of a master builder, designer, or architect whose individual work has influenced the city, state, or nation;
(v) Value as a building that is recognized for the quality of its architecture and that it retains sufficient elements showing such architectural significance;
(vi) Example of an architectural style or period;
(vii) Contribution to the historical nature of the overall site; and/or
(viii) Character as a contributing element in the Restoration District.
(7) Demolition or Moving of Structures
The demolition or moving of a structure can have a significant impact on the character and quality of the RA District by removing an integral part of the historic downtown fabric; elimination of a part of Tipp City's history; and generally altering the nature of the district for the future. As such, the city regulates the demolition and moving of structures based on these standards and guidelines. A COA is required for any demolition or movement of a structure.
(a) Buildings that are not Historically Significant
If the Restoration Board finds that the structure subject to the application is not historically significant, the Restoration Board shall state the basis for such determination and shall be required to make a formal determination that the proposed demolition or movement of a structure will not harm or reduce the historical significance of the site on which it is located or on the RA District as a whole.
(b) Buildings that are Historically Significant
(i) If the Restoration Board finds that the structure is historically significant, the demolition or movement of a structure may only be considered if the applicant can clearly demonstrate that 3 or more of the following conditions prevail:
A. That the building proposed for demolition or movement is not inherently consistent with other structures within the district;
B. That the building contains no features of special architectural and/or historic significance;
C. There is no viable economic use of the building as it exists or as it exists on the site;
D. A written report by a contractor acceptable to the Restoration Board demonstrates it is not feasible to restore the structure; or
E. A written report by a contractor acceptable to the Restoration Board demonstrates it is not feasible to move the structure to another location (applicable in demolition requests only).
(ii) Even with a demonstration that the above conditions exist, the Restoration Board may also take into consideration the following criteria when making its decision.
A. The historic, scenic, cultural, aesthetic or architectural significance of the building, structure, site, or object;
B. The importance of the historic structure, building, site, or object to the ambiance of a district;
C. The difficulty or the impossibility of reproducing such a structure, building, site, or object because of its design, texture, material, detail, or unique location;
D. Whether the historic structure, building, site, or object is 1 of the last remaining examples of its kind in the Restoration District or the city;
E. Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be;
F. Whether the structure would be more appropriate in the proposed new location;
G. Whether reasonable measures can be taken to save the historic structure, building, site, or object from collapse; and/or
H. Whether the historic structure, building, site, or object is capable of earning reasonable economic return on its value.
(iii) If the Restoration Board approves the COA for demolition or movement of the structure, the applicant shall be subject to additional bonds or sureties as established in § 154.05(C)(7)(d).
(c) Demolition by Neglect
(i) Demolition by neglect shall mean any failure in the maintenance and repair of any site or structure within the RA District which results in any of the following conditions:
A. The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, so as to create or permit a hazardous or unsafe condition to exist; or
B. The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, the lack of adequate waterproofing, or the deterioration of interior features which will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, roofs, chimneys, doors, or windows.
(ii) Demolition by neglect is prohibited. In the event that the Restoration Board finds a situation that may be classified as demolition by neglect, the Restoration Board shall notify the Zoning Administrator to proceed with the notice requirements and enforcement procedures set forth in this code.
(d) Financial Guarantee Required
(i) For demolitions, the applicant shall be required to submit a financial guarantee in a form acceptable to the city that will guarantee:
A. The safe demolition of the applicable structure;
B. Necessary protections to prevent damage to any adjacent properties;
C. Clean-up of the site after demolition; and
D. Installation, upgrades, or repairs of any infrastructure improve- ments on the site that are necessary for future construction on the site per the approved plans.
(ii) The guarantee shall be in such an amount as the Restoration Board, or its duly authorized representative, determines to be reasonably necessary to complete the demolition of the structure, ensure the protection of surrounding properties, and ensure the clean-up of the site.
(iii) The financial guarantee shall be an obligation for the faithful performance of any and all work approved by the Restoration Board, or its duly authorized representative regarding any demolition and reconstruction project approved under this section.
(iv) The financial guarantee shall contain the further condition that should the applicant fail to complete all work and improvements required to be done by the applicant within 12 months or an alternative timeframe approved by the Restoration Board, the city may, at its option, cause the demolition to be completed, all required work to be done, and necessary improvements constructed.
(v) The parties executing the guarantee shall be firmly bound for the payment of all necessary costs therefore.
(vi) The guarantee may take the form of a bond, cash deposit, or an irrevocable letter of credit as further outlined in this subsection.
(vii) Guarantees shall be made payable to the City of Tipp City and be acceptable to staff and the city's legal counsel.
(viii) The guarantee, or portion thereof, shall not be released until the Zoning Administrator, or authorized representative, is satisfied that the demolition has been completed in conformance with the plans and specifications approved by the Restoration Board.
(ix) The applicant shall be in default of the guarantee when 1 of the following conditions exists:
A. The demolition, as approved by the Restoration Board, has not taken place within the time period agreed on in the applicant's contract with the city, and the applicant has failed to establish reasonable cause for such delay to the satisfaction of the City Council and thereby to receive a time extension.
B. The applicant has not undertaken the demolition in accordance with the minimum standards specified by these regulations, and the applicant is unwilling to modify and upgrade said demolition and subsequent construction within a six-month time period so as to be in compliance with the provisions of these regulations.
(x) Types of Guarantees
A. Bond
1. A bond in the amount determined in accordance with this section shall be filed with the City of Tipp City.
2. The bond may be in the form of a surety bond or a cash bond of the kind approved by law for securing deposits of public money.
3. The bond shall be executed by the applicant as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the State of Ohio.
B. Irrevocable Letter of Credit
The applicant may provide an irrevocable letter of credit from a bank or other reputable institution or individual subject to the approval of the Restoration Board. This letter shall be deposited with the city, and shall certify the following:
1. The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with this subsection.
2. In the case of failure on the part of the applicant to complete the specified demolition within the required time period, the creditor shall pay to the city immediately and without further action such funds as are necessary to finance the completion of that demolition, up to the limit of credit stated in the letter.
3. This irrevocable letter of credit may not be withdrawn or reduced in amount until released by Restoration Board.
C. Cash
1. The applicant shall provide a certified check for the amount of the guarantee, payable to the City of Tipp City.
2. When the demolition is complete, the city shall issue a check for the released amount based on this sub- section.
3. The city shall not be responsible for paying interest for the period of time the city retains the guarantee.
(8) Liability Insurance
(a) Any applicant who receives an approved COA for the demolition of a structure or the moving of a structure shall, before any work begins, furnish and keep in full force and effect, at all times during the period of demolition or moving, a policy of insurance written by a solvent insurance company authorized to do business in Ohio.
(b) The policy shall be in form and amount satisfactory to the city's legal counsel, insuring and indemnifying the city against any legal liability incurred as a result of damage to persons or property arising out of the acts or omissions of the applicant, or any of his or her contractors, subcontractors, agents, or employees in connection with the demolition or moving of the structure.
(c) At a minimum, the following is required for all liability insurance policies:
(i) The policy shall protect the city from any liability for any accident, negligence, failure of the applicant or contractors, or any other liability whatsoever, relating to the construction or maintenance of the subdivision and related public improvements.
(ii) The policy shall be provided during all demolition or moving activities related to the approved COA.
(iii) The city shall be named as an additional insured on the policy (listed as a Certificate Holder and noted as Additional Insured in Description of Operations).
(iv) The general liability coverage of the policy shall be on the "occurrence" basis.
(v) The automobile liability coverage of the policy shall be for "any auto".
(9) Ordinary Maintenance and Public Safety
(a) Nothing in this section shall be construed to prevent ordinary maintenance or repair of any exterior feature which does not involve a change in design, material, color, or outer appearance thereof.
(b) Nothing in this section shall prevent the construction, reconstruction, alteration, restoration, or demolition of any feature which the City Manager or similar official shall certify is required by the public safety because of unsafe or dangerous condition.
(c) Neither the owner of, nor the person, nor an organization in charge of a structure within the district, shall permit that structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce a detrimental effect upon the character of the landmark or structure in question, including, but not limited to:
(i) The deterioration of exterior walls or other vertical supports;
(ii) The deterioration of roofs or other horizontal members;
(iii) The deterioration of exterior chimneys;
(iv) The deterioration or crumbling of exterior plaster or mortar;
(v) The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows and doors;
(vi) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions; or
(vii) Demolition by neglect as defined in § 154.05(C)(7)(c).
(Ord. 5-14, passed 3-17-2014)