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(a) Alteration: Any exterior visual or material change to any building including a change in architectural feature or architectural period, design, texture, or material. ordinary maintenance to correct any deterioration or damage is excluded from this definition provided such work does not involve a change in design, texture, material or architectural feature. Any repainting of exterior surfaces is also excluded from this definition.
(b) Applicant: Any building owner or designated agent of the owner who applies for a Certificate of Appropriateness.
(c) Architectural Feature: Those elements that characterize an architectural style including, but not limited to windows, doors, porches, cornices, decorative trim, and exterior surface material.
(d) Certificate of Appropriateness: A certificate issued by the Historic District Commission indicating that a proposed alteration or demolition or infill new construction within the historic district is in accordance with provisions of the Historic District ordinance.
(e) Commission: For purposes of this chapter, "Commission" refers to the Historic District Commission.
(f) Council: refers to the Waterville City Council.
(g) Demolition: The razing or destruction, whether entirely or in part, of a building within the Historic District including demolition by neglect.
(h) Historic Overlay District: A clearly identified area, so designated by ordinance and not necessarily having contiguous boundaries, that contains a significant concentration of Historic Resources.
(Ord. 07-06. Passed 4-24-06.)
(i) Historic District Commission: Persons duly appointed in accordance with Chapter 153 of the Waterville Administrative Code, and charged with carrying out the objectives of the Historic District ordinance.
(Ord. 37-08. Passed 11-10-08.)
(j) Historic Inventory: A list of Historic Resources identified by the Historic District Commission and kept at the Waterville Municipal Building for review by the public.
(k) Historic Resource: A publicly or privately owned building of significant historic value listed on an Historic Inventory and deserving protection.
(l) Historic Significance: Attributes of a building or district that possess integrity of location, design, materials, workmanship, and association with (1) events that have made a significant contribution to the broad patterns of our history, or (2) persons significant in our past, or (3) architectural characteristics of a type, period, or method of construction.
(m) Ordinary Maintenance: Includes the repair or replacement in kind of features, including but not limited to the roof, eaves, downspouts, siding, windows and doors, provided that it does not result in a change of material, texture or architectural feature. For the purposes of this chapter, sandblasting of masonry and chemical cleaning of masonry is not considered ordinary maintenance.
(Ord. 07-06. Passed 4-24-06.)
(a) All members shall be provided with a copy of, and be completely familiar with, the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 edition, or as subsequently amended. These copies shall remain the property of the City of Waterville and shall be returned to the City when a term has been fulfilled or a resignation is tendered.
(b) The Commission shall act in an advisory role to City departments, committees, commissions or boards where the action or inaction taken by the aforementioned entities may affect the preservation of Historic Resources.
(c) Preservation Reference Materials.
(1) The Commission shall maintain a library of preservation resources to be used by Commission members for the purpose of increasing their knowledge of architectural preservation and design. These resources will also be made available to owners of an Historic Resource in the City of Waterville on a lending library basis with reasonable return due dates.
(2) In the interest of enhancing public confidence in the Certificate of Appropriateness application process, the Commission may recommend the inclusion of funds in the annual municipal budget for the maintenance of a library of preservation reference materials, for continuing education courses for Commission members, and for other preservation related activities.
(Ord. 37-08. Passed 11-10-08.)
The Commission is charged with the following duties:
(a) Maintain the Historic Resource Inventory and conduct a continuing exterior survey of all street facades of Historic Resources including photographs and condition surveys updated every ten (10) years and make this Inventory available for public inspection;
(b) Attend educational sessions when available, conduct self-guided study of available multimedia resources with particular attention to the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 Edition or as subsequently amended, and share information with other Commission members in order to increase knowledge of preservation issues;
(c) Confer with technical experts as may be required to better evaluate an Historic Resource or render a judgment on a Certificate of Appropriateness;
(d) Review and act upon all applications for Certificates of Appropriateness following the guidelines of the “United States Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 1995 Edition or as subsequently amended;
(e) Work for the continuing education of the residents of the City, with respect to the architectural and historic heritage of the City and the Historic Resources and designated Historic District;
(f) On behalf of the City, act as a liaison to individuals and organizations regarding the protection of local historic resources;
(g) Act in an advisory role to City officials and department heads, Council commissions, committees, and boards regarding the protection of local historic resources;
(h) Act in an advisory role to City officials in the updating of the City’s Master Plan;
(i) Assist the City, business owners, and residents in the application for grants consistent with the objectives of this Ordinance;
(j) Recommend to City Council any additions or revisions to the Historic District Ordinance deemed necessary;
(k) Make recommendations to City Council for the inclusion of non-contiguous properties to the Historic Overlay District;
(l) Make recommendations regarding the following areas within the Historic District: paving, relocation/placement of streetlights, design and location of street furniture, design and location of business signage;
(m) Encourage and assist building owners with procedures for seeking National Register designation.
(Ord. 07-06. Passed 4-24-06.)
(a) Historic District Boundaries:
(1) The Council may by ordinance, upon the recommendation of the Commission, establish a Historic Overlay District or add property to the Historic Overlay District. Properties in the Historic Overlay District need not be contiguous. Section 1129.04 shall be followed relative to the adoption of an ordinance adding property to the Historic Overlay District. The Historic Overlay District shall include all properties within the area described as follows:
A. Situated in the State of Ohio, County of Lucas, City of Waterville, said Historic Overlay District being more particularly bounded and described as follows:
Beginning at the intersection of the centerline of School Court and the Westerly bank of the Maumee River, said corner also being the true Point of Beginning;
Thence Westerly along the centerline of said School Court to a point, said point being the intersection of the centerline of said School Court and the centerline of South River Road;
Thence Southerly along the centerline of said South River Road to a point, said point being the intersection of the centerline of said South River Road and the centerline of South Street;
Thence Westerly along the centerline of said South Street to a point, said point being the intersection of the centerline of said South Street and the Easterly Right-of-Way line of Third-Second Alley;
Thence Southerly along the Easterly Right-of-Way line of said Third-Second Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said Third-Second Alley and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11171 (address 105 South Third Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200503250019957 in the Lucas County Recorder’s Office;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the intersection of the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 and the centerline of South Third Street;
Thence Southerly along the centerline of South Third Street to a point, said point being the intersection of the centerline of said South Third Street and the centerline of Locust Street;
Thence Westerly along the centerline of said Locust Street to a point, said point being the intersection of the centerline of said Locust Street and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11567 (address 405 Farnsworth Road - The Historic Society of Waterville Ohio), as shown by the Lucas County Auditor;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11567;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Easterly along a Northerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-11567;
Thence continuing Northerly along the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 to a point, said point being the intersection of the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 and the centerline of Farnsworth Road, also known as State Route 64;
Thence Easterly along the centerline of said Farnsworth Road to a point, said point being the intersection of the centerline of said Farnsworth Road and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the centerline of North Street;
Thence Easterly along the centerline of said North Street to a point, said point being the intersection of the centerline of said North Street and the centerline of North Second Street;
Thence Southerly along the centerline of said North Second Street to a point, said point being the intersection of the centerline of said North Second Street and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10637 (address 122 Mechanic Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200509160069232 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10637;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10637, said point also being the Northwesterly corner of Tax Parcel Number 96-10641 (address 114 Mechanic Street), as shown by the Lucas County Auditor;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10641 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10641, said point also being on the Westerly Right-of- Way line of Second-River Alley;
Thence Northerly along the Westerly Right-of-Way line of said Second-River Alley to a point, said point being the intersection of the Westerly Right-of-Way line of said Second-River Alley and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10251 (address 103 North River Road), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200407160058444 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the intersection of the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 and the centerline of North River Road;
Thence Southerly along the centerline of said North River Road to a point, said point being the intersection of the centerline of said North River Road and the centerline of Mechanic Street, also known as State Route 64;
Thence Easterly along the centerline of said Mechanic Street to a point, said point being the intersection of the centerline of said Mechanic Street and the Easterly Right-of-Way line of River-Water Alley;
Thence Southerly along the Easterly Right-of-Way line of said River-Water Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said River-Water Alley and the centerline of School Place;
Thence Easterly along the centerline of said School Place to a point, said point being the intersection of the centerline of said School Place and the Westerly bank of the Maumee River;
Thence Southerly along the Westerly bank of the Maumee River to the Point of Beginning.
(Ord. 07-06. Passed 4-24-06.)
(Ord. 07-06. Passed 4-24-06.)
B. The property known as 11 North Fourth Street, Tax Parcel Number 96-12021.
(Ord. 08-08. Passed 5-12-08.)
(2) Within a reasonable time of the establishment of the Historic Overlay District, the Municipal Administrator shall notify the owner of each property within the District of the establishment of the District. After this initial notification, whenever the City gains knowledge of the transfer of ownership of a property within the Historic Overlay District, the Municipal Administrator shall notify the new owner that their property is within the District. The notice shall be sent to the address of the owner as it appears on the current tax list of the Lucas County Auditor or the mailing list of the Lucas County Treasurer. Failure of the City to notify a property owner shall not absolve the owner from adhering to any provision of this Chapter. (Ord. 07-06. Passed 4-24-06.)
C. The properties known as 114 and 118 South River Road, Tax Parcel Numbers 96-10451 and 96-10457.
(Ord. 24-13. Passed 9-28-13.)
(b) Individual Historic Resources
(1) The designation of Historic Resource may be given to any building within the Historic District that is fifty years or older, that possesses integrity of design, materials, and workmanship, and that meets at least one of the following three criteria:
A. It has value as a site of historic events that have made a significant contribution to the broad patterns of history in the Waterville area;
B. It has value as a site identified with a person or persons who significantly contributed to the culture and development of the Waterville area;
C. It has value as a site characterized by a distinctive architectural style, embodying elements of architectural design, detail, materials, or craftsmanship.
(2) The Commission, on its own or at the request of a building owner, may recommend to Council that the designation of “Historic Resource” be assigned to each building within the Historic Overlay District that meets the above criteria. When necessary, the Commission may also recommend that a current designation of “Historic Resource” be rescinded. Council may act upon such recommendations of the Commission by resolution.
(3) Each Historic Resource shall be documented in the Historic Resource Inventory. This inventory shall consist of a completed Ohio Historic Inventory form and a Façade Condition Survey form with a recent photograph. A copy of this inventory shall be kept in the Municipal Building and be available for review by the public.
(Ord. 07-06. Passed 4-24-06.)
(a) Certificate of Appropriateness Required.
(1) No construction, reconstruction, demolition, alteration, replacement, or modification of an exterior wall or architectural feature of any building or structure or installation or visible changes to fences, signs, or other visible exterior improvements in a Historic District shall be undertaken prior to obtaining a Certificate of Appropriateness from the Historic District Commission. Other visible exterior improvements may include elements such as shutters, awnings, balconies, and television satellite dishes.
(2) A Certificate of Appropriateness is not required to paint an existing principal or accessory structure, architectural feature, or other visible exterior improvement.
(3) A Certificate of Appropriateness is not required to erect Temporary Event Signs or Special Business Event Banners as provided in Section 1315.09(b) and (c) of the Sign Code. Sign permits are required for such signs and banners as specified in the Sign Code.
(Ord. 37-09. Passed 12-14-09.)
(b) Application Requirements. A request for a Certificate of Appropriateness shall be accompanied by such plans, specifications, and other material as the Commission may prescribe. Applications for a Certificate of Appropriateness may be made by the owner of the subject property, or by his or her duly authorized Agent or representative.
(c) Notice of Administrative Hearing
(1) A request for a Certificate of Appropriateness received by the Municipal Administrator shall be forwarded to the Commission Members as soon as possible.
(2) The Municipal Administrator shall notify the applicant and the contiguous property owners at least ten days in advance of the date the Commission is to convene to review the request.
(d) Administrative Hearing. Upon convening to review the request, the Commission shall make every effort to render a decision to issue or deny the request within 30 days after the application was first considered at a regular or special meeting.
(e) Decision by the Commission
(1) If the Commission determines that the proposed activity will have no adverse effect on an Historic Resource or any portion of the Historic Overlay District and does not violate the spirit and purpose of this Ordinance, the Commission shall issue the Certificate of Appropriateness.
A. The Certificate of Appropriateness may include conditions placed upon the approval regarding the proposed activity. Such conditions shall be made part of any subsequent zoning approval, and may include those limitations on the size, shape or materials proposed to be used in constructing or installing the proposed improvements, that are necessary to maintain the historic significance of the property.
B. When a Certificate of Appropriateness is issued for demolition, the applicant shall receive a copy of the section of this Ordinance covering new in-fill construction in the Historic Overlay District.
C. A Certificate of Appropriateness is valid for one year from the date of approval.
D. Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other City zoning regulations and Lucas County building regulations.
(2) In the event that the Commission determines that a Certificate of Appropriateness shall not be issued, it shall state in its record of proceedings reasons for such a determination and may include recommendations regarding the proposed construction activity.
A. If the Certificate of Appropriateness is denied, the applicant shall be notified in writing the reasons for denial, and recommendation if any;
B. The applicant who has been denied a Certificate of Appropriateness shall be provided a copy of the sections of this Chapter covering enforcement provisions, penalties, and procedures for appeal.
(Ord. 07-06. Passed 4-24-06.)
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