(A) Purposes. The purposes of this section are to provide a means for the designation and protection of Historic Preservation Districts in the City of Van Wert pursuant to the procedures hereinafter described, to preserve, protect, and perpetuate places, buildings, structures, works of art, and other objects having a special historical, community or aesthetic interest or value, all for the reasons described below:
(1) Preserve, protect, and enhance the distinctive and unique character of the district, and foster the harmonious and compatible external appearance of the properties within the district;
(2) Prevent the irreplaceable loss to the people of the city of the aesthetic, cultural and historic values represented by the properties within the district;
(3) Stabilize and improve property values within the district;
(4) Foster civic pride in the beauty and accomplishment of the past;
(5) Enhance the city's attraction as a desirable place in which to live; thereby providing an incentive for new businesses and industries to locate in and around the city and established businesses and industries to remain in and around the city;
(6) To maintain and enhance the distinctive character of historic buildings and areas;
(7) To safeguard the heritage of the city by preserving districts which reflect elements of its history, architecture, archaeology, engineering, or culture;
(8) To facilitate reinvestment in and revitalization of certain older districts and neighborhoods;
(9) Encourage the use of the district for the education, pleasure and welfare of the people;
(10) To take necessary measures to safeguard the property rights of the owners whose property is declared to be "Historic" or is in an area designated as a Historic Preservation District;
(11) The requirements of this chapter shall be met in addition to the established requirements and standards of the other applicable ordinances of the city; and
(12) Where conflicts exist between requirements of this chapter and other ordinances adopted by Council, the strictest interpretation shall apply and thereby supersede the less strict requirement.
(B) Definitions. For the purpose of this section, the following terms have the following meaning(s):
(1) ADDITION. Any act or process that changes 1 or more of the exterior architectural features of a building or structure by adding to, joining with, or increasing the size or capacity of the building or structure.
(2) ALTERATION. Any act or process that changes 1 or more of the exterior architectural features of a building or structure, including, but not limited to, the erection, construction, reconstruction, or removal of the building or structure.
(3) APPLICANT. Any owner, owners, individual, individuals, association, partnership, corporation, tenant, or other legal entity in possession, which applies for a certificate of appropriateness pursuant to this section in order to undertake any change with regard to property within the Van Wert Downtown Redevelopment District.
(4) BOARD. The Design Review Board established by this section.
(5) BUILDING. Any structure created for the support, shelter, or enclosure of persons, animals, or property of any kind and which is permanently affixed to the land.
(6) CERTIFICATE OF APPROP-RIATENESS. A certificate issued by the Design Review Board indicating that a proposed change, alteration, or demolition of a historic building or structure or within a historic site or district, is in accordance with the provisions of this chapter and local design guidelines.
(7) CHANGE. Any alteration, addition, demolition, construction, reconstruction, or restoration of the exterior; placement of new landscaping; erection of new signs; street-lighting; as well as any material alteration in the landscaping, signage, exterior color, or external architectural features of any property subject to the provisions of this section.
(8) DEMOLITION. Any act or process that destroys in part or in whole any building or structure.
(9) HISTORIC DISTRICT. Any area designated by ordinance of the City Council which may contain within definable geographic boundaries, buildings, structures, or sites of historic, architectural, or archaeological significance.
(10) HISTORIC STRUCTURE. Any building or structure which has historic, architectural
or archaeological significance and has been so designated according to the provisions of this section. The significance of a property to the history, architecture, archaeology, engineering, or culture of a community, state, or the nation. It may be achieved in several ways:
(a) Association with broad pattern of our history, events, activities, or patterns;
(b) Association with important persons;
(c) Distinctive physical characteristics of design, construction, or form; and
(d) Potential to yield information important in history or prehistory (archaeology).
(11) LANDMARK or HISTORIC PROPERTY. Any building, structure, or archaeological site that has been designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein that is worthy of preservation, restoration, or rehabilitation because of its historic, architectural, or archaeological significance.
(12) LANDSCAPING. The design and arrangements of natural scenery; including trees, flowers, shrubs, and grass, or of non-living materials or objects, over a tract of land for the purpose of creating the best practicable appearance to the land, taking into account the use to which the land is to be put.
(13) MEMBER. Any member of the Design Review Board.
(14) OWNER. The owner or owners of record.
(15) PRESERVATION. The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
(16) PROPERTY. Any place, building, structure, fixture, work of art, sign or similar object.
(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 a 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 appeared 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 a restoration project.
(20) SIGN or SIGNAGE. Any advertising sign, billboard or board, device, or structure or part thereof, or device attached thereto or painted or represented thereon, used for advertising, display, or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included within the definition of SIGN or SIGNAGE.
(21) SITE ELEMENT. Significant objects or features, excluding structures, located on a property including, but not limited to, walkways, signage, railings, and independent lighting features.
(22) STRUCTURES. Anything constructed or erected that requires a fixed location on the ground or attachment to something having fixed location on
the ground including, but not limited to, buildings, shed, gazebos, walls, fences, patios, platforms, or driveways.
(C) Declaration. Council declares as a matter of public policy that preserving, protecting and enhancing the distinctive and unique character of the Van Wert Redevelopment District, and fostering the harmonious and compatible external appearance of the properties within the district, are matters of public necessity and are required in the interest of the public safety, health, morals, convenience, prosperity, and welfare; and to achieve the purposes of this section, a Design Review Board is hereby established.
(D) Procedures for establishment of a Design Review Board.
(1) Number and term. The Board shall consist of a minimum of 7 members, all of whom have demonstrated a special interest, experience, or knowledge of history, architecture, or related disciplines, as follows:
(a) At least 2 preservation related professional members, to the extent such professionals are available in the community (this shall include the professions of architecture, architectural history, history, archaeology, planning, or related disciplines).
(b) A term of appointment to the Board shall be for 3 years. Initially, 3 members shall be appointed for a full term; 2 members shall be appointed for 2 years, and 2 members shall be appointed for 1 year. Thereafter, appointments will be for a full term, and vacancies will be filled for the remainder of an unexpired term. No member shall serve for more than 12 consecutive years.
1. The Mayor. The Mayor shall serve with no termination date.
2. Program manager of Main Street Van Wert. The term shall serve with no termination date.
3. A member of the Planning Commission appointed by the Mayor.
4. An at-large member appointed by the Mayor.
5. member of Main Street Van Wert.
6. A person with a construction background, appointed by City Council.
7. An at-large member appointed by City Council.
(2) No compensation. Members shall serve without any compensation, either monetary or otherwise.
(3) Rules of procedure, including a section addressing conflict of interest, established and made public.
(4) Meetings. Meetings shall be held once each month unless the Mayor or designee informs the Chairperson that there are no pending applications for that month. At least 4 meetings a year held at regular intervals, open to the public and a schedule or regular meeting dates, times and locations shall be advertised in advance and held in a public place. Meeting agendas shall be made available to the public prior to such meeting.
(5) Review decisions made in a public forum, applicants notified of meetings and advised of decisions.
(6) Written minutes of Board or Commission actions available for public inspection.
(7) Annual report, written, of Board or Commission activities, including cases, decisions, special projects, qualifications of members, etc., kept on file and available for public inspection.
(8) Vacancies on the Board or Commission filled within 60 days unless extenuating circumstances require a longer period.
(9) Removal. Any member may be removed for just cause by the respective appointing authority.
(10) Quorum. A majority of all the members appointed to the Board shall be a quorum. No decision or determination shall be made at any meeting where there is no quorum present, however, a less number may adjourn from day to day.
(11) Appointment. The City Council shall make its appointment to the Design Review Board by motion at a regularly scheduled meeting of the City Council.
(12) Conflict of interest. If a Board member has a conflict of interest regarding an application under consideration by the Board, the member shall step down while the issue is being heard, considered and voted upon.
(E) Organization and rules of the Design Review Board. In the January Board Meeting of each year, the members shall meet and organize by the election of a chairperson and a secretary. The Design Review Board shall adopt its own rules of procedure and provide for regular and special meetings to accomplish the purposes of this section. Such rules shall not be adopted without the prior approval of Council. The Design Review Board shall be a "public body" and meetings of the Design Review Board shall be open to the public as provided by the laws of the State of Ohio.
(F) Duties of the Design Review Board.
(1) The Design Review Board shall have the sole power to permit, by approval of the application of any property owner, the demolition, construction, preservation, restoration, rehabilitation of any home, commercial establishment, or other structure, or new construction within the district.
(2) The Design Review Board shall determine the appropriateness of the application regarding demolition, construction, preservation, restoration, reconstruction, and rehabilitation of structures within the designated district in conformance with the provisions of this chapter.
(3) The Design Review Board shall propose and make recommendations for the designation of historic properties and areas to be designated as Historic Preservation Districts in conformation with the provisions of this chapter.
(4) The Design Review Board shall review, and provide a recommendation for, final development plan applications for exterior building alterations or renovations, building additions, or new construction in the District boundaries.
(5) The Design Review Board shall conduct a continuing survey of all areas, places, buildings, structures, work of art or similar objects in the city which the Board, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as historic property or historic district.
(6) The Design Review Board shall work for the continuing education of residents of the city with respect to the historic and architectural heritage of the city and the historic properties and historic districts designated under the provisions of this chapter. It shall keep current a public register of historic properties and historic districts.
(7) The Design Review Board shall have the authority to establish rules and regulations consistent with the provisions of this chapter and the spirit of its purpose to assist the Board in evaluating applications for historic designations submitted to it, the manner in which such applications are processed, and the proper and orderly conduct of its business.
(8) The Design Review Board shall act as a liaison on behalf of the city to individuals and organizations concerned with historic preservation and the Downtown District. The Board shall also act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources.
(9) The Design Review Board may seek professional experience when considering a National Register nomination and other actions which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Board.
(10) Design Review Board members are encouraged to attend training, educational sessions or in-depth consultation with the Ohio Historic Preservation Office (hereinafter referred to as the "OHPO") once a year.
(11) Additional responsibilities may be undertaken by the Board upon mutual written agreement between the OHPO and the city.
(G) Procedures for Identification, Review and Designation of Individual Landmarks and Historic Districts. In considering the designation of any area, property, or site as a historic district or landmark, the Design Review Board shall apply the following criteria:
(1) Its character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation;
(2) Its location as a site of a significant historic event;
(3) Its identification with a person significant in our past;
(4) Its exemplification of the cultural, economic, or social heritage of the city, state, or nation;
(5) Its portrayal of a group of people in an era of history, characterized by a distinctive architectural style;
(6) Its embodiment of distinguishing characteristics of a building type or architectural style;
(7) Its embodiment of elements of architectural design, detail, materials, or craftsmanship, which represent a significant architectural innovation;
(8) Its identification as the work of an architect or master builder whose work has influenced the city, state, or nation; and
(9) It's potential to yield information important in prehistory or history (archaeology).
(H) Certificate of Appropriateness. A certificate of appropriateness shall be required before any change, as defined in division (B) of this section, may be instituted within the district, whether or not said change requires a building permit. No building permit shall be issued without the prior issuance of a certificate of appropriateness. No change shall be instituted or made within the district except in strict conformity with the plans and application approved by the Board in its approval and issuance of the certificate of appropriateness. A certificate of appropriateness issued for a particular change shall be effective only for such change and only for a period of 1 year from and after the date of its issuance by the Design Review Board. Upon expiration of a certificate of appropriateness, no further or continued change shall be authorized by such certificate. Further or continued change shall be authorized only after the issuance of a new certificate of appropriateness with respect to such change. No Certificate of Zoning Compliance, Zoning Permit and/or other appropriate permits shall be issued by the Planning and Zoning Division for any construction, reconstruction, demolition, relocation, or other exterior alteration to a structure or site element designated as, or upon, a historic property or located in a historic district unless a certificate of appropriateness has been issued.
(I) Applications.
(1) All applications for a certificate of appropriateness shall be filed with the Building Inspector on forms provided to the Building Inspector by the Design Review Board. An application shall be deemed filed on the date received by the Building Inspector, who shall clearly indicate the date of receipt upon said application. Upon receipt of an application for a certificate of appropriateness, the Building Inspector shall promptly forward it to the secretary of the Design Review Board. All applications shall be in writing and shall include such descriptions, plans, specifications and other information as may be requested by the Design Review Board. Failure to provide such written information as may be requested by the Design Review Board shall be a proper basis and reason for the denial of a certificate of appropriateness.
(2) An applicant may file as many re-applications for a certificate of appropriateness with regard to a particular change as the applicant desires.
(3) An application for a certificate of appropriateness shall contain the following, as applicable:
(a) A completed application to the Design Review Board, as prepared by the Planning and Zoning Commission or Main Street Van Wert.
(b) A complete detailed description of the proposed alteration, construction, demolition, removal or other external change to the structures or site elements.
(c) A plot plan, legibly drawn and to scale, indicating all existing and proposed structures, drives, walks, signs, and other significant features.
(d) A description or sample of materials to be used in the proposed project.
(e) Sketches, photographs and other illustrative material relevant to the proposed project.
(f) Applications for the demolition of a structure shall also include:
1. Photographic documentation of the structure, inside and out, showing existing conditions.
2. A written evaluation of the structure's current condition and the cause of such structures state of disrepair, as applicable.
3. A written statement outlining the reasons for demolition, alternatives to demolition that have been considered and the demolition's conformance with all existing city ordinances.
4. Architectural plans for proposed new construction on the site or reconstruction of the structure, as applicable.
5. Any additional information as is deemed necessary to review the application by the Planning and Zoning Division or the Board.
(4) The application shall be heard at a Board meeting. The applicant, or his/her representative or agent, is encouraged to be present at the meeting at which action on the request is to occur.
(5) When reviewing a certificate of appropriateness application, the Board shall consider if such application is:
(a) Appropriate to the preservation of the environmental, architectural or historic character of the structure and property pursuant to the design criteria in this section.
(b) Consistent with the spirit and purposes of this chapter and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as found in C.F.R. Title 36, Part 1208.
(c) In concert with the Archeological Guidelines as prepared by the OHPO.
(d) In accordance with the following considerations regarding applications for the demolition of a structure:
1. The demolition of the structure will not be detrimental to the character of the area and city will be an improvement of existing conditions.
2. The applicant has adequately documented the existing structure for the purpose of historical records.
(J) Procedures for Reviewing Proposed Alterations (Including Demolition and New Construction) to Designated Resources.
(1) No person shall demolish or make any alteration or change to any designated property without first obtaining a certificate of appropriateness.
(2) The Design Review Board shall make a determination on an application for a certificate of appropriateness within 30 days of the filing of the action unless the applicant approves an extension of time. The Design Review Board may also table the application for additional information, or for lack of information or clarification until the next meeting or for a specific period of time. If the Board fails to render its decision within 60 days the application for a certificate of appropriateness shall be deemed approved. This provision shall not apply if the application is tabled due to lack of information provided by the applicant, or due to the applicant requesting that the application remain tabled.
(3) In making such a determination, the Design Review Board shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to design guidelines adopted by the Design Review Board (which are periodically updated), which Design Guideline are attached to Ordinance No. 10-03-023 and are incorporated herein by reference, and labeled Exhibit "A."
(4) In addition to the above procedures, if an application for a certificate of appropriateness seeks approval of demolition, the Design Review Board may delay determination of the application for a period of 60 days upon a finding that the structure is of such importance that alternatives to demolition may be feasible and should be actively pursued by both the applicant and the Design Review Board. In the event that action on an application is delayed as provided herein, the Design Review Board may take such steps as it deems necessary to preserve the structure in accordance with the purposes of this section. Such steps may include but are not limited to, consultation with civic groups, public agencies, and interested citizens, marketing plans, recommendations for acquisition of the property by public or private bodies or agencies, and exploration of the possibility of moving the structure or structures.
(5) Following its review, the Design Committee shall either:
(a) Approve the certificate of appropriateness as submitted;
(b) Approve the certificate of appropriateness subject to specific conditions; or
(c) Deny the certificate of appropriateness.
(6) A certificate of appropriateness shall be conditional upon the commencement of work within 1 year of issuance. If work has not commenced within 1 year of issuance or work has not been more than 50% completed within 1-½ years of issuance, the certificate shall expire and be revoked.
(7) Design criteria. The following design criteria shall apply to all buildings, site elements, structures and property designated as historic properties or within a historic district.
(a) All construction, reconstruction, exterior alteration, demolition, or other exterior structure or site element change shall preserve the character, historical significance, and architectural style of the existing buildings, site elements, structures, and property. Such changes shall be visually compatible with the subject structure, property, and area, and a false sense of history shall not be created.
(b) Materials. Traditional building materials such as wood, brick, metal, or stone shall be used for construction, reconstruction, exterior alteration, or other exterior structure or site element change. Modern man-made materials may be utilized at the discretion of the Board if the proposed project keeps in character with the existing building, site, area structures, and "Van Wert's Historic Properties and Districts Design Guidelines".
(c) Building massing. For new construction and additions, the structure's width, height, surrounding setbacks, and style shall be considered in relation to adjacent structures. This relationship between structures shall allow for consistency of style, size, and density in each given neighborhood area.
(d) Enhancement of pedestrian environment. Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water features, seating areas, arcades, awnings or canopies.
(e) Signage. Signage shall be proportionally scaled and appropriately designed to coalesce with the subject building, site, and area.
(K) Minimum Maintenance Requirement.
(1) No owner of a building or a structure in the district, shall by willful action or willful neglect, fail to provide sufficient and reasonable care, maintenance and upkeep to ensure such building's perpetuation and to prevent its destruction by deterioration.
(2) The owner of a protected property shall provide sufficient maintenance to ensure its protection from hazards and to prevent deterioration.
(L) Exclusions.
(1) Ordinary maintenance or repair. Nothing in this section shall be considered to prevent the ordinary maintenance or repair of any property which does not involve a change.
(2) Unsafe or dangerous conditions. Nor shall anything in this section be construed to prevent any change which the Building Inspector determines to be required for the public safety because of an unsafe or dangerous condition.
(M) Enforcement Provisions and Penalties.
(1) If it is found that any of the provisions of these standards are being violated, the person responsible for such violations shall cease all work upon notification, which shall be the posting of a stop work order at the site, and no work shall be performed except to correct the violations. All work shall be corrected within a reasonable period and any violations not corrected within the specified time may be prosecuted.
(2) Whoever constructs, reconstructs, or alters any exterior architectural feature or demolishes a substantial part or all of any building within the historic district without a certificate of appropriateness shall be fined not more than $100. Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to restore and reconstruct such features in full detail.
(3) Whoever constructs, reconstructs, or alters any exterior architectural feature now, or hereafter, in violation of this section shall be deemed guilty of a misdemeanor and shall be fined not less than $50 nor more than $5,000.
(N) Appeals Procedures.
(1) Decisions by the Design Review Board may be appealed to the Planning Commission within 10 days of the Design Review Board hearing. No building permit or other permit required for the activity applied for shall be issued during the 10-day period or while an appeal is pending.
(2) The Planning Commission shall consider an appeal within 30 days of receipt and shall utilize the written findings of the board or commission in rendering their decision. A majority vote of the Planning Commission shall be required to overturn a decision of the Design Review Board.
(O) Severability. If any section, subsection, sentence, clause, phrase or portion of this section is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
(P) Affirmation of Existing Zoning. Nothing in this section shall be interpreted as repealing or waiving the application within the district of any portion of the city's zoning ordinances.
(Q) Amendments. Council, from time to time, on its own motion, upon request of the Design Review Board, or on the petition after public notice and hearing in accordance with law, may amend by ordinance the regulations, provisions, and district herein established. Provided, however, such proposed amendment shall be referred by Council to the Planning Commission for its approval, disapproval, suggestions, and report. The Planning Commission shall have a reasonable time, not less than 30 days, for consideration and report. No such amendment which violates differs from, or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than 3/4 of the membership of the City Council. No ordinance which is in accordance with the recommendation, plan or report submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the City Council.
(R) Designation of Historic Property and Historic Districts.
(1) Nomination. Any area, property, structure, landscape, site element or object in the city may be nominated for historic property or historic district designation by any of the following with written consent from property owners specified in the nomination:
(a) The owner of any property included in the nomination;
(b) One or more Board members;
(c) One or more City Council members;
(d) Van Wert Safety Service Director;
(e) Main Street Van Wert Director or President;
(f) An organization or individual with a stated interest.
(2) Consideration. In determining whether or not a nomination should be designated a historic property or historic district, the Board and City Council should consider the following criteria:
(a) Its character, interest or value as part of the development, heritage, archeological, or cultural characteristics of the City of Van Wert, State of Ohio, or the United States.
(b) It's location as a site of a significant historic event.
(c) It's identification with a person or persons who significantly contributed to the culture and development of the City of Van Wert.
(d) It's exemplification of the cultural, economic, social or historic heritage of the City of Van Wert.
(e) It's portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.
(f) It's embodiment of a distinguished characteristic of an architectural type or specimen.
(g) It's identification as the work of an architect or master builder whose individual work has influenced the development of the City of Van Wert.
(h) It's embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.
(i) It's related to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural or architectural motif.
(j) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City of Van Wert.
(k) Such other individual characteristics as shall be relevant to its designation as a historic property or historic district.
(S) Public Hearing, Notification, and Recommendation by the Design Review Board.
(1) Public Hearing. Upon receipt of a historic property or historic district nomination, the Board shall set a public hearing date for reviewing the proposed nomination.
(2) Notification.
(a) Notice to the public hearing shall be given in 1 or more newspapers of general circulation in the city at least 10 calendar days before the date of such public hearing.
(b) The notice shall specify the nature of the public hearing and the date, time and place of such meeting.
(3) Action by City Council. At the conclusion of the public hearing, Council shall take action on the proposed nomination.
(a) Council's action shall adopt the recommendation of the Board, deny the recommendation of the Board or adopt some modification thereof.
(b) A majority vote of the membership of Council shall be necessary for the adoption of historic properties or historic districts.
(c) If the recommendation for a nominated historic property or historic district is not adopted within 120 days after the most recent recommendation from the Board, such proposed recommendation shall be deemed to have been defeated and denied.
(T) Record of Historic Properties and Historic Districts.
(1) The Design Review Board shall maintain in the office of the Clerk of City Council a register of all properties designated as historic properties and historic districts. Such designations shall also be made a part of the records of Main Street Van Wert.
(2) The city shall initiate and maintain a process approved by the OHPO for the survey and inventory of cultural resources which shall be:
(a) Recorded on Ohio Historic Inventory, Ohio Archeological inventory forms.
(b) Updated periodically to reflect changes, alterations, and demolitions.
(c) Made available to the public and the OHPO and stored on record with the Clerk of City Council and at Main Street Van Wert.
(3) The Board may place or cause to be placed on such historic property or historic districts a plaque or other designation that such property or part thereof has been designated a historic property or historic district in the city.
(U) Changes Not Prohibited. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any property which has been designated a historic property or which is situated in a designated historic district, and which does not involve a change in design, material, or outer appearance thereof; nor to prevent any environmental or building change that the Building Standards or Fire Divisions shall certify in writing is required by the public safety because of an unsafe or dangerous condition.
(1981 Code, § 35.12) (Ord. 10-03-023, passed 4-26-2010; Am. Ord. 17-11-072, passed 12-27-2017)