(a) Historic Districts. The public interest calls for the preservation and protection of sites and structures within Troy city limits that have historical, architectural, archeological, and cultural values and serve as visible reminders of the history and heritage of this city, state, and nation. Well-preserved historic buildings and places, attractive residential areas, and orderly business districts add meaning and livability to a city. Hence, to accomplish this, it is necessary to provide a method whereby, with careful consideration for private property rights and only after a thorough analysis of the objectives to be achieved, certain procedures and regulations are established for changes made to significant buildings or neighborhoods.
(b) Purpose. It is the intent of this Section to promote and protect the health, safety, cultural, economic, and general welfare of the public through:
(1) The protection, enhancement and use of structures, sites and areas that are reminders of past eras and events and persons important in local, state, or national history;
(2) The preservation and enhancement of a city of varied architectural styles reflecting the distinct phases of the city's history;
(3) The preservation, restoration, or rehabilitation of historically significant districts, sites, buildings, structures, and objects that possess integrity of location design, setting, materials, workmanship, feeling, and association;
(4) The development and maintenance of appropriate settings and environment for the aforesaid sites and areas;
(5) The enhancement of Troy's attractiveness to visitors, tourism, and the support and stimulus to the economy thereby provided;
(6) The enhancement of property values, economic development, and neighborhood stability;
(7) The preservation, renovation, and adaptive reuse of the buildings within historic districts for economically productive uses;
(8) The consideration of the broadest possible scope of continuing vitality through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which Troy's historic districts may continue to exist as living, changing commercial and residential areas, not static environments;
(9) The protection of the property rights of the owners whose property is declared to be a Historic Structure, or is localed in the area designated as a Troy Historic Preservation Overlay District;
(10) The encouragement of civic pride in the beauty and notable accomplishments of the past;
(11) To this end, this Section authorizes the adoption of overlay historic districts and to review and approve architectural modifications which affect the historic quality of such historic districts and sites.
(c) Designation of Overlay District. The Planning Commission may recommend the adoption or modification of a historic district overlay on all eligible areas to the Troy City Council. The boundaries of each such district shall be indicated on the official zoning map.
(d) Historic District Definitions. The following definitions are only applicable in the Historic Preservation and Historic Landmark Districts:
(1) Architectural Design Standards: The United States Secretary of the Interior's Standards for the Treatment of Historic Properties and any supplemental guidelines adopted by the City of Troy.
(2) Adverse Effect: An occurrence or condition which includes, but is not limited to:
A. Destruction or alteration of all or part of a property;
B. Isolation from or alteration of a property's surrounding environment; or
C. Neglect of a property resulting in its deterioration or destruction.
(3) Applicant: Any person, or their representative, who applies for a building or demolition permit or for a Certificate of Appropriateness for construction, alteration or demolition of a Listed Property or structure.
(4) Appurtenance: Any structure or object subordinate to a principal structure or site located within a Listed Property or Historic District and visible from the public right-of-way including, but not limited to, a bicycle rack, carriage house, display sign, fence, fixture, fountain, garage, outbuilding, pavilion, public artwork, statue, street furniture, shed, trellis, vending machine, or similar item.
(5) Architectural Feature: The architectural treatment and general arrangement of such portion of the exterior of a property as is designed to be exposed to public view and/or the publicly accessible interior of any Listed Property which was listed in part, or in whole, because of the interior's historic or architectural significance.
(6) Certificate of Appropriateness: A certificate issued by the Planning Commission or Zoning Administrator indicating that the proposed change, alteration or demolition of a historic building or structure within a historic site or district, is in accordance of the provisions of this Chapter and Guidelines.
(7) Intrusion: An adverse effect which introduces a visual, audible, or atmospheric element which is out of character with the property or the district or alters its setting.
(8) Landmark: Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the City, state or nation and which has been designated as a landmark pursuant to the provisions of this Section.
(9) District: The Historic Preservation or Historic Landmark Overlay area in which the property subject to the application is located or ten (10) or more structures and/or sites grouped together in a geographically defined area possessing a significant concentration, linkage or continuity of structures, appurtenances or sites that are united by past events, aesthetics, plan, or physical development and where at least seventy-five (75) percent of the structures in which the property subject to the application is located.
(10) Economic Return: A profit or increase in value from use or ownership of a site, structure, building, appurtenance, or object that accrues from investment of capital or labor.
(11) Facade: The face or front of a structure of any vertical surface thereof adjacent to a public way.
(12) Group: Two or more structures, objects and/or sites of which are located in geographical proximity and are united by aesthetics, past events, plan or physical development.
(13) Guidelines: The document adopted by the Troy Planning Commission "The Historic Preservation Overlay Design Guidelines. that sets forth the architectural characteristics of a Listed Property or a Historic District area, or a specific property therein and provides design guidance for appropriate construction or alteration therein pursuant to the provisions of this Section. Guidelines and Architectural Design Standards are intended to be construed to be compatible with each other. standards are intended to be consistent with each other.
(14) Inventory: A systematic identification of properties having cultural, historical, architectural or archaeological significance compiled according to standards adopted by the City of Troy for evaluating property to be considered for designation as a Listed Property on the National Register of Historic Places.
(15) Listed Property: Any structure, group, district, or site so designated by the City pursuant to the provision of this Section.
(16) Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within the scope of the project.
(17) Reconstruction: The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
(18) Rehabilitation: The act or process of making possible an efficient compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical cultural or architectural values.
(19) Restoration: The act or process of accurately depicting the form, features, and character of a property as it appe!lfed at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within the scope of the project.
(20) Structure: A building, object, monument, work of art, or work of engineering permanently affixed to the land. The term .structure" shall be construed as if followed by the words "or part thereof. The distinction between "structure" and "building. should be noted. "Structure" is a broader term; "building. is a restricted form of "structure".
(21) Substantial Economic Hardship: A financial burden imposed upon an owner which when factually detailed and measured by standards and criteria of this Section is unduly excessive preventing a realization of an economic return upon the value of the property.
(e) City of Troy Historic Preservation Overiay Design Manual. The Planning Commission shall adopt a Historic Preservation Overlay Design Manual to provide a framework of design guidelines that the Planning Commission and staff shall use when reviewing an application for a Certificate of Appropriateness (COA). These design guidelines shall be used in addition to any applicable standards of the underlying base zoning district, standards found in this Chapter, and shall consider the United States Secretary of Interior Standards for the Treatment of Historic Properties and the National Register of Historic Places. The Planning Commission shall hold a public hearing to adopt, establish, or alter the Historic Preservation Overlay Design Manual.
(f) "HP-O" Historic Preservation Overlay District.
(1) Purpose. The "HP-O" Historic Preservation Overlay District is an overlay district designed to preserve and protect groups of structures, sites, or areas eligible for or listed on the National Register of Historic Places in which the historic district consists of a large number of non-qualifying structures, undeveloped parcels, or contributing structures that have not undergone rehabilitation, and/or the planning district as a whole consists of a large number of nonqualifying structures which dominate the vista.
(2) Nomination. Any area eligible may be nominated by a petition signed by owners representing seventy-five (75) percent of the parcels in the proposed area. The petition shall be in a form prescribed by the City of Troy and filed with the Clerk of the City Council who shall determine the validity of the petition and eligibility of the proposed area shall be determined. If the area is eligible and the petition is valid, an amendment to the official zoning map for all or part of the original proposed area in accordance with Section 1143.22(f)(3) of the Codified Ordinances of the City of Troy, Ohio maybe proposed by the Planning Commission. Thereafter, the overlay district may be designated in the manner set forth in Section 1141.03 of this Zoning Code.
(3) Boundaries. In determining the boundaries of a "HP-O" Historic Preservation Overlay District, the following guidelines shall be controlling to ensure vista control and to protect the integrity of the proposed historic district:
A. The area must be eligible for or listed on the National Register of Historic Places.
B. The overlay district must be at least ten contiguous streetscapes. In no instance, shall the overlay district be less than four block faces
C. Complete streetscapes or block faces may be included in the historic district so long as a portion of the streetscape is on or eligible for the National Register of Historic Places.
D. A structure, site, or area which is not eligible for or listed on the National Register may be included in the historic district if it is effectively enveloped by an eligible area under Section 1143.22(f)(1) of the Codified Ordinances of the City of Troy, Ohio and by a topographic barrier such as an elevated highway, railroad, river, and/or bridge.
(g) "HL-O" Historic Landmark Overlay District.
(1) Purpose. The "HL-O" Historic Landmark Overlay District is an overlay district designed to preserve and protect single parcels or groups of structures, sites, or area eligible for or on the National Register of Historic Places, in which the historic district as a whole consists primarily of historically or architecturally significant structures, sites, or areas and/or contributing structures which have undergone rehabilitation or restoration.
(2) Nomination. Any area eligible may be nominated by a petition signed by owners representing seventy-five (75) percent of the parcels in the proposed area. The petition shall be in a form prescribed by the City of Troy and filed with the Clerk of the City Council who shall determine the validity of the petition and eligibility of the proposed area shall be determined. If the area is eligible and the petition is valid, the Planning Commission may propose an amendment to the official zoning map for all or part of the original proposed area in accordance with Section 1143.22(f)(3) of this Zoning Code. Thereafter, the overlay district may be designated in the manner set forth in Sections 1141.03 of this Zoning Code.
(3) Boundaries. In determining the boundaries of a "HL-O" Historic Landmark Overlay District, the following guidelines shall be controlling lo ensure vista control and to protect the integrity of the proposed historic district:
A. The single parcels or groups of structures, sites, area or structure must be eligible for or listed on the National Register of Historic Places.
B. Complete streetscapes or block faces may be included in the historic district so long as a portion of the streetscape is on or eligible for the National Register of Historic Places.
C. A structure, site, or area which is not eligible for or listed on the National Register may be included in the historic district if ii is effectively enveloped by an eligible area under Section 1143.22(g)(1) of the Codified Ordinances of the City of Troy, Ohio and by a topographic barrier such as an elevated highway, railroad, river, and/or bridge.
(h) Duties of the Zoning Administrator. The Zoning Administrator shall recommend designation and/or modification of particular historic districts by adoption of controls on particular parcels through amendments to the official zoning map and shall review and act upon all applications for certificates of appropriateness for modifications. The duties of the Zoning Administrator shall include the following:
(1) To conduct a survey of all properties as may be required to keep the survey up to date and to maintain a Listed Properties designation.
(2) To maintain the Troy Register of Historic Landmark Properties as defined by the Planning Commission which will contain the following information about each Listed Property:
A. The roster number of the Listed Property.
B. The description of the parcel of real estate, on which the Listed Property is located, as such appears on the tax duplicate.
C. The street address or other applicable reference to the recognized location of the Listed Property.
D. A site plan of the real estate on which the Listed Property is located showing the location thereon of the Listed Property.
E. A minimum of two photographs of the Listed Property.
F. A statement of the historical and/or architectural significance of the Listed Property.
G. The owner's name, address and phone number.
(3) To nominate, in a manner consistent with Federal and State regulations, property of designation as Listed Property with approval of City Council, review nominations to the National Register of Historic Places and make recommendations to the Planning Commission, Mayor and City Council concerning such nominations.
(4) To advise the Planning Commission and City Council and to make recommendations as to the conservation of the City structures, sites, groups and districts and as to any alteration, rehabilitation, or demolition proposed for City-owned property, parks or rights-of-way listed in the Troy Register of Historic Landmark Properties as defined by the Planning Commission.
(5) To study the problems and determine the needs of the City in furthering the purpose of preservation.
(6) To determine what legislation' or policy, if any, is necessary to further preservation, restoration, and develop_ment of historic resources and to recommend the same to the Planning Commission, Mayor or City Council, as appropriate.
(7) To prepare, recommend for adoption and publish guidelines for architectural design, alteration, new construction, site improvements and demolition or removal standards consistent with this Zoning Code.
(8) To consider applications for proposed construction, reconstruction, alteration or demolition of structures, architectural features or site elements of Listed Properties.
(9) To review and make recommendations to the Planning Commission on all applications for Certificates of Appropriateness for modifications.
(10) To initiate complaints of property maintenance code violations for properties in the historic district.
(11) To review minor modifications as established in Section 1143.22(k) of the Codified Ordinances of the City of Troy, Ohio Classification of Review by Scope of Work Table.
(12) To forward major modification applications to the Planning Commission as established in Section 1143.22(k) of the Codified Ordinances of the City of Troy, Ohio Classification of Review by Scope of Work Table.
(i) Ordinary Maintenance.
(1) Nothing in this Section shall be construed to prevent ordinary maintenance of a structure or appurtenance of a structure in a listed property or district or repair of any exterior feature which does not involve a change in design, material, color, or outer appearance thereof.
(2) The following items are considered ordinary repair and maintenance and do not require a Certificate of Appropriateness:
A. Minor nonabrasive cleaning that does not damage the historic material;
B. Minor repair of exterior surfaces such as caulking and masonry repainting; and
C. Replacement of gutters and downspouts with the same color and material as existing. This does not include replacement of fascia boards or soffits.
(3) Neither the owner of, nor the person, nor an organization in charge of a structure within the district, shall by willful action or willful neglect fail to provide sufficient and reasonable care, maintenance and upkeep and 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:
A. The deterioration of exterior walls or other vertical supports;
B. The deterioration of roofs or other horizontal members;
C. The deterioration of exterior chimneys;
D. The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows and doors;
E. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions; or
F. Demolition by neglect as defined in Section 1143.22(p) of the Codified Ordinances of the City of Troy, Ohio.
(4) This provision shall be in addition to all other applicable code provisions. The Zoning Administrator shall gather evidence of a violation hereof and shall initiate appropriate action thereon.
(j) Certificate of Appropriateness /COA). In addition to other permits required by this Zoning Code, a Certificate of Appropriateness (COA) is required prior to ariy construction, emolition, exterior modification or maintenance of exterior surfaces in any historic district unless specifically exempted by this Zoning Code in accordance with Section 1143.22(q) of the Codified Ordinances of the City of Troy, Ohio.
(1) Initiation. An application for a COA may be initiated by an owner of the property that is the subject of the application, or an agent authorized by the owner to file the application.
(2) Application. Applications for a zoning certificate in a historic district shall also be considered an application for a COA and shall be submitted to the Zoning Administrator. Such applications shall contain information, which will enable the determination of compliance with the rehabilitation standards and land use controls set forth in this Section.
A. Agents being authorized by the property owner shall provide a written notice of authorization with the application. If authorization is not provided, the application shall be deemed incomplete by the Zoning Administrator.
B. The process of reviewing of a COA application shall not be initiated until the Zoning Administrator determines the application is complete and all the required fees established by City Council are paid.
C. Complete Application Determination:
i. An application shall be regarded as complete when all required information has been provided in a form, in such numbers, and in a manner (digital or hard copy) as established by the Zoning Administrator and made available to the public.
ii. The Zoning Administrator shall make a determination of the completeness of an application within ten (10) business days of the application filing.
iii. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
iv. If an application is determined to be incomplete, the Zoning Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Zoning Administrator determines that the application is complete.
v. The City shall not be required to process an incomplete application, forward an incomplete application to the Planning Commission, or be subject to any required timelines of review for incomplete applications.
vi. If the applicant fails to correct all deficiencies and submits a complete application within 60 days of the notice provided by the Zoning Administrator, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Zoning Administrator may grant one (1) 60- day extension if just cause, as solely determined by the Zoning Administrator, is shown by the applicant.
vii. No reconsideration of an incomplete application shall occur after expiration of the 60-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements of Section 1143.22(j) of the Codified Ordinances of the City of Troy, Ohio, submit a new application, and submit a new filing fee.
viii. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(k) Classification of Decision by Scope of Work Table.
Classification of Decision by Scope of Work | Planning Staff Decision | Planning Commission Decision |
1. Type of Work | Minor Alteration | Major Alteration |
A. Architectural Work. | ||
i. Installation or relocation of new pre-fabricated outbuilding or new structure 140 square feet or less | ||
II. New structure greater than 140 square feet | ||
B. Demolition | ||
i. Significant principal structure | ||
ii. Non-significant principal structure | ||
iii. Significant accessory structure | ||
iv. Non-Significant accessory structure | ||
C. Additions to principal structures | ||
i. Additions to substantial spaces such as rooms | ||
ii. Addition of front or side decks, porches, patios | ||
iii. Addition of rear patio, decks, or porches | ||
D. Additions to accessory structures | ||
i. Additions to significant accessory structures | ||
ii. Additions to non-significant accessory structures | ||
E. Windows and Doors | ||
i. Replacement of original windows and original street-facing doors on significant structures | ||
ii. Replacement of non-original and non-contributing windows and doors, and non-street facing doors | ||
iii. Modification or installation of window and door openings facing the street | ||
iv. Modification or installation of window and door openings not facing the street | ||
v. Modification, installation or replacement of storm windows or storm doors | ||
vi. Alteration or new construction of storefronts | ||
vii. Restoration of original window or door openings where doors and windows match original or existing | ||
F. Roofs | ||
i. Alteration of roof material | ||
ii. Alteration of roof form (including alteration, removal or construction of dormers) | ||
iii. Construction of new or modification of charcter-defining chimneys | ||
iv. Replacing roof shingles with the same material and design | ||
G. Other Building Alterations | ||
i. Alterations or construction of building elements (including railings, stairs, landings, ramps and flooring) | ||
ii. Alterations or construction of architectural details (including molding, brackets, or decorative woodwork) | ||
iii. Change in original cladding material or style | ||
iv. Painting of previously unpainted surface on a significant structure | ||
v. Painting of previously painted surface with the same color | ||
vi. Changes to any non-significant outbuilding | ||
vii. Character defining building elements or details without reconstruction | ||
viii. Non-character defining building elements or details without reconstruction | ||
H. Signs | ||
i. Window signs | ||
ii. Building signs (other than window signs) | ||
iii. Easel Board signs | ||
iv. Incidental signs (less than 4 sq. ft.) | ||
I. Other | ||
i. Work items not listed here that are deemed by staff to be substantial in nature, precedent setting, not addressed by the local review criteria, or not in conformance with the criteria | ||
ii. Work items not listed here that are deemed by staff to be minor in nature, that do not alter the historic character of the building or streetscape | ||
(l) Review by the Zoning Administrator.
(1) The Zoning Administrator shall first review each application for compliance with all requirements of this Zoning Code.
(2) The Zoning Administrator may distribute the application to other City departments and outside agencies to solicit comment on the proposed GOA application
(3) After the application is determined to be complete, the Zoning Administrator shall act on the application:
A. The Zoning Administrator may approve or deny the application for minor modifications as per the Classification of Review by Scope of Work Table and the Architectural Design Standards and the Guidelines.
B. In all cases, the Zoning Administrator shall have the authority to forward an application to the Planning Commission.
C. Within 45 days, the Zoning Administrator shall forward the completed application to the Planning Commission for major modifications.
(m) Review by the Planning Commission.
(1) Within 45 days after a GOA application is forwarded to the Planning Commission, the Commission shall review the application for all major modifications as set forth in the Classification of Review by Scope of Work Table and any application that is forwarded by the Zoning Administrator.
(2) The Planning Commission shall,review the COA for conformance with the standards as set forth in this Section of the Zoning Code and with the Guidelines and shall approve, approve with modifications, table, or deny the application for modifications.
(3) If an application for modifications is approved, COA shall be issued by the Zoning Administrator and the applicant shall be notified of such action in writing within seven (7) days from date of approval.
(4) Applications for modifications not approved by the Planning Commission may be appealed to the Board of Zoning Appeals unless withdrawn by the applicant. If appealed to the Board of Zoning Appeals, the Secretary to the Board of Zoning Appeals shall schedule the application for consideration at the earliest possible date, once a complete application has been submitted.
(5) Review Criteria Decisions on a COA application shall be based on compliance with this Chapter, any applicable standards of the underlying base zoning district, standards found in this Chapter, and shall consider the Architectural Design Standards for the Treatment of Historic Properties and the National Register of Historic Places.
(6) Determining the Significance of a Structure.
A. When making decisions or recommendations about changes to structures in the HP-0 District, the Planning Commission shall have the authority to make a determination of the historical significance of the structure based on this Section.
(Ord. 42-2022. Passed 9-6-22.)
B. For structures that the Planning Commission finds that are not historically significant, the Planning Commission may relax or waive the standards or guidelines found in this Chapter or Guidelines. (Ord. 60-2022. Passed 1-3-23.)
C. The Planning Commission shall determine whether a structure or site is historically significant by meeting at least four (4) of the following criteria:
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 Historic Preservation Overlay District.
(n) Certificate of Appropriateness - Demolition, Removal or Moving of Structure.
(1) General. The demolition of a historic or contributing property, or the moving of a structure, can have a significant impact on the character and quality of the historic district by removing an integral part of the historic area fabric; elimination of a part of the City of Troy's history; and generally altering the nature of the district for the future. No person shall demolish any structure, or move a structure in a listed property or district until a COA of such demolition or movement has been authorized by the Planning Commission or the Zoning Administrator and a permit is issued by the Zoning Administrator.
(2) No demolition, removal, or moving of structure proposal will be accepted:
A. Without a mandatory pre-application meeting with Development Staff before the item is included on a Planning Commission Agenda;
B. Without a detailed reuse plan; and
C. Without a detailed plan of preserving any remaining exterior architectural features and/or historical features of the structure.
(3) The applicant shall submit a detailed reuse plan that mitigates any adverse effects of the proposed removal upon the property, the streetscape, and the historic district through:
A. New construction that is'consistent with the Guidelines.
B. Exterior rehabilitation or restoration of the remaining structure that is consistent with the Guidelines.
C. Landscaping the parcel consistent with the Guidelines, providing for its care as common space for the benefit of the general public, and relocating the remaining structure in an appropriate setting or preserving of the salvageable architectural materials.
D. Posting a financial guarantee in accordance with Section 1143.22(n)(3) of the Codified Ordinances of the City of Troy, Ohio with the Zoning Administrator sufficient to ensure completion of the reuse plan, or has requested and received a waiver of these requirements from the Planning Commission.
E. If no alternatives or mitigation is possible and the undertaking's benefits in relation to the significance of the property justify demolition as an acceptable loss, the Planning Commission may consider other appropriate reuse plans and or relax any of these requirements.
(4) Prior to acting on an application for demolition of a significant principal structure, the Planning Commission shall hold a public hearing within thirty (30) days after the submittal of a completed application.
(5) Owners of property contiguous to the applicant's property, and owners of property directly across any street or alley shall be notified of the time, date and place of the public hearing no later than five (5) days before the public hearing.
(6) The Planning Commission may delay determination of the application for a period of no more than one-hundred and twenty (120) days upon a finding that the property is of such architectural/historical significance that alternatives to demolition may be feasible. In the event that action upon such application is delayed, the Planning Commission may take necessary steps as it deems necessary to preserve the property. Such steps may include but shall not be limited to consultation with civic groups, public agencies and interested citizens.
(7) The Planning Commission shall only approve a COA for demolition if the application meets one of two conditions: 1) the application satisfies criterion A below; or, 2) the application satisfies criterion B and either C or D or both.
A. The Planning Commission finds that the structure subject to the application is not historically significant or non-qualifying per Section 1143.22(m)(6), the Planning Commission shall state the basis for such determination and shall be required to make a formal determination that the proposed demolition, removal of an architectural feature, or movement of a structure will not harm or reduce the historical significance of the site on which it is located or the historic district as a whole.
B. The cost of repairs exceeds the average of the appraised values of the building and there is no reasonable economic viability for the property as ii exists or as ii might be rehabilitated. Evidence of economic non-viability shall include:
i. Two (2) estimates from licensed and bonded contractors depicting the cost of proposed demolition;
ii. Two (2) appraised values of the property by two (2) licensed appraisers for the following conditions:
a. The property's current condition;
b. After completion of the proposed demolition;
c. After the rehabilitation of the existing property for continued use by providing sales for the previous six (6) months for at least three comparable properties. If there are not sales for the previous six (6) months of comparable properties, sales for the previous year of comparable properties may be used; and
d. If the property is an income-producing property, the valuation must include the rent scheduled and anticipated income after such rehabilitation, and the same for at least three comparable properties to substantiate the information provided for the property in question.
iii. Two (2) estimates from licensed and bonded architects, developers, contractors, or appraisers experienced in historic rehabilitation as to the cost to rehabilitate the building to the point of which a principally permitted use or a reasonable profit can be realized from the property in underlying zoning district, including, but not limited to, bringing a structure up to code, so that it can be occupied, that is, not necessarily its "highest and best use", preferred use, or a restoration project.
iv. The applicant has submitted evidence illustrating significant damage or structural issues pertaining to the structure that would present a specific infeasibility towards the use or occupation of the structure, as it currently exists, or an economic infeasibility towards the preservation, rehabilitation, restoration, or reconstruction of the structure.
v. The property owner and/or applicant has actively marketed the property and structure for the purposes of maintenance, preservation, restoration, or reconstruction, and not demolition. The property owner and/or applicant has provided detailed documentation demonstrating marketing efforts such as Requests for Proposals (RFPs) or an MLS listing.
vi. The property owner and/or applicant shall provide detailed information supporting this claim, such as:
a. Length of time the property was marketed or for sale and response to the marketing efforts;
b. Lack of interest in continued maintenance, preservation, restoration, or reconstruction of the property; and/or
c. Cost of rehabilitation of structure compared to estimated property value post-rehabilitation.
vii. The applicant demonstrates that they sought out additional funding sources through local foundations, state, and/or federal grants, i.e. tax credits.
viii. Demolition by neglect is prohibited. In the event that the Planning Commission finds a situation that may be classified as demolition by neglect, the Planning Commission shall notify the Zoning Administrator to proceed with the notice requirements and enforcement procedures set forth in this code. Demolition by neglect is further defined in Section 1143.22(p) of the Codified Ordinances of the City of Troy, Ohio.
C. That the property proposed for demolition is inherently inconsistent with other properties in between two intersecting streets on the same block of the Historic District. For example, it may have been built at a time outside of the period of significance of the Historic Preservation Overlay District.
D. That the property proposed for demolition contains minimal features of architectural and/or historical significance due to any of the following:
i. Significant loss of original architectural features.
ii. Significant loss of decorative or other architectural features that contribute to a historic structure and historic district.
iii. Compounding alterations and changes to the structure that render original architecture and historic significance lost or indeterminable.
iv. The structure contains no historic architectural features (i.e. modern buildings or modem additions to a historic structure).
(8) If the Planning Commission approves a COA for demolition of a principal structure, or movement of a principal structure, the applicant shall be subject to additional bonds or sureties as established below:
A. For demolitions, the applicant shall be required to submit a financial guarantee in a form acceptable to the City that will guarantee:
i. The safe demolition of the applicable structure;
ii. The approved reuse plan;
iii. Necessary protections to prevent damage to any adjacent properties;
iv. Clean-up of the site after demolition; and
v. Installation, upgrades, or repairs of any infrastructure improvements on the site that are necessary for future construction on the site per the approved plans.
B. The guarantee shall be in such an amount as the Planning Commission determines to be reasonably necessary to complete the demolition of the structure, ensure the protection of surrounding properties, and ensure the clean-op of the site.
C. The financial guarantee shall be an obligation for the faithful performance of any and all work approved by the Planning Commission, or its duly authorized representative, regarding any demolition and reconstruction project approved under this Section.
D. 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 Planning Commission, the City may, at its option, cause the demolition to be completed, all required work to be done, and necessary improvements constructed at the expense of the applicant.
E. The parties executing the guarantee shall be firmly bound for the payment of all necessary costs therefore.
F. The guarantee may take the form of a bond, cash deposit, or an irrevocable letter of credit as further outlined in this subsection.
G. Guarantees shall be made payable to the City of Troy and be acceptable to staff and the City's Law Director.
H. 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 Planning Commission.
I. The applicant shall be in default of the guarantee when one ( 1) of the following conditions exists:
i. The demolition, as approved by the Planning Commission, 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 Planning Commission and has not received an extension of time.
ii. 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 in order to be in compliance with the provisions of these regulations.
(9) Types of Guarantees.
A. Bond.
i. A bond in the amount determined in accordance with this Section shall be filed with the City of Troy.
ii. 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.
iii. 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 Planning Commission. This letter shall be deposited with the City, and shall certify the following:
i. The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with this subsection. 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.
ii. This irrevocable letter of credit may not be withdrawn or reduced in amount until released by Planning Commission.
C. Cash.
i. The applicant shall ,provide a certified check for the amount of the guarantee, payable to the City of Troy.
ii. When the demolition is complete, the City shall issue a check for the released amount based on this subsection.
iii. The City shall not be responsible for paying interest for the period of time the City retains the guarantee.
D. Liability Insurance.
i. Any applicant who receives an approved COA for the demolition of a structure or the moving of a structure shall, before any work begins, obtain and maintain in full force and effect, at all times during the period of demolition or moving, commercial general liability and automobile liability insurance coverage against claims for injuries to persons or damages to property arising out of the acts or omission of the applicant, or any of his or her contractors, subcontractors, agents, or employees in connection with the demolition or moving of the structure.
ii. At a minimum, the following is required for all liability insurance policies:
a. The policies 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.
b. The policies shall be effective during all demolition or moving activities related to the approved COA.
c. The policies shall cover, or be endorsed to cover the City, its officials, employees and volunteers as additional insureds. The coverage shall be primary and non-contributing as respects the City, its officials and employees.
d. The commercial general liability coverage shall be on the "occurrence" basis with limits acceptable to the City's Law Director.
e. The automobile liability coverage shall be for "any auto" with limits acceptable to the City's Law Director.
f. Insurance is to be placed withE insurance companies authorized to do insurance with a minimum AM Best rating of A: VII, unless otherwise acceptable to the City's Law Director.
g. An applicant who receives an approved COA for demolition shall provide the City's Law Director with documentation, including but not limited to certificates(s) of insurance, verifying compliance with the specifications herein. The City reserves the right to require complete copies of insurance policies, including endorsements, required by these specifications, at any time.
(o) Time Limit.
(1) A Certificate of Appropriateness shall remain valid for a period of six (6) months from the date of issuance. If such work Is delayed for a period exceeding six (6) months, the COA shall au1omatically expire and any other zoning permits issued in conjunction with it shall become void.
(2) The Planning Commission may grant extensions for major modifications, but shall not exceed, two (2) extensions of the period of validity of a COA, not to exceed six (6) months each, if such request by the owner is at least ten (10) days in advance of the expiration of the COA. A request for any extension shall set forth reasons for the delay.
(3) The Zoning Administrator may grant extensions for minor modifications, but shall not exceed, two (2) extensions of the period of validity of a COA, not to exceed six (6) months each, if such request by the owner is at least ten (10) days in advance of the expiration of the COA. A request for any extension shall set forth reasons for the delay.
(p) Demotion by Neglect.
(1) Demolition by neglect shall mean any failure in the maintenance and repair of any site or structure within the Historic 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.
(2) Demolition by neglect is prohibited. In the event that the Planning Commission finds a situation that may be classified as demolition by neglect, the Planning Commission shall notify the Zoning Administrator to proceed with the notice requirements and enforcement procedures set forth in this code.
(q) Emergency Measures. Nothing in this Section shall prevent the construction, reconstruction, alteration, restoration, or demolition of any feature which the Chief Building Official, Fire Chief, or similar qualified official shall certify that the reconstruction, alteration, restoration, or demolition is required by public safety because of unsafe or dangerous conditions.
(r) Off-Street Parking and Loading.
(1) For permitted uses within the boundaries of the Historic Preservation Overlay District, off-street parking and loading requirements shall be those set forth in this Zoning Code.
(2) Off-street and off-site parking and loading spaces shall be considered modifications to the property on which they are located, potentially affecting the view of the streetscape and shall be subject to the review of the Planning Commission.
(s) Appeals. Appeals by any final action of the Zoning Administrator to the Planning Commission shall follow Section 1137.07 of the Codified Ordinances of the City of Troy, Ohio. (Ord. 42-2022. Passed 9-6-22.)