(a) Purpose. The purpose of the COA is to provide a procedure by which to review construction, renovation, expansion, and demolition projects within a locally or nationally designated historic district or for locally or nationally designated historic properties. In an effort to preserve the character of these properties and districts, the City has established reasonable development standards and design guidelines for buildings and structures and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(b) Applicability.
(1) No construction, reconstruction, demolition, relocation, or other exterior alteration to any structure or site element designated as, or upon, a Landmark or located within a Landmark District shall occur until a COA has been applied for, and issued by, the Design and Review Board in accordance with this code.
(2) No zoning certificate or certificate of zoning compliance and/or other appropriate permits shall be issued by the Zoning Administrator for any construction, reconstruction, demolition, relocation, or other exterior alteration to a structure or site element designated as, or upon, a Landmark or located within a Landmark District unless a COA has been issued.
(3) All permanent signs in the C-4 District shall require a COA approval prior to the Zoning Administrator making a decision on a zoning certificate.
(4) Projects and activities that are exempt from the COA review procedure include:
A. Painting or general maintenance of a structure that does not alter exterior colors or architectural features;
B. Changes in occupancy not involving structural or exterior work; and
C. Any interior renovations which will not alter and/or affect the exterior elevations and facade of the building or structure or any architectural features that are visible from the outside.
(c) COA Review Procedure.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
B. In making application, the Zoning Administrator or the Design and Review Board may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(2) Step 2 - Staff Review and Transmission to the Design and Review Board.
A. Upon determination that a COA application is complete, the Zoning Administrator shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Design and Review Board.
B. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.08(c)(2)A prior to the Design and Review Board's meeting where the application is to be reviewed.
(3) Step 3 - Design and Review Board Review and Decision.
A. Within 60 days after the application is determined to be complete, the Design and Review Board shall review the COA application.
B. In reviewing the application, the Design and Review Board shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this section.
C. The Design and Review Board may review any related equivalency provision review applications simultaneously with the COA application.
D. In making its decision, the Design and Review Board may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the Design and Review Board fails to act within 60 days from the date of the initial meeting regarding the COA application, or an extended period as may be agreed upon by the Design and Review Board and applicant, then the application shall be considered denied.
F. If a zoning certificate is required for the subject work, the applicant may proceed with applying for the zoning certificate following approval of the COA. Such zoning certificate applications shall comply with the COA approval and any related modifications or special conditions.
(d) Guidelines. The Design and Review Board shall utilize the City of Wooster Design Guidelines for Landmarks and Landmark Districts when considering construction, expansion, or demolition (partial or complete) of all new or existing buildings and structures subject to COA review.
(e) Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the City;
(2) The proposed development incorporates any applicable guidelines (See Section 1105.08(d)), to the maximum extent feasible;
(3) The application is appropriate to the preservation of the environmental, architectural, or the historic character of the structure and property pursuant to the design criteria found in Section 1119.06 and the City of Wooster Design Guidelines;
(4) The application is consistent with the spirit and purposes of this code and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as found in Title 36 of the Code of Federal Regulations, Part 1208;
(5) The application is in concert with the Archaeological Guidelines as prepared by the OHPO;
(6) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., planned development approvals, conditional use approvals, variance approvals, etc.); and
(7) That the application, if related to the demolition of a structure, is in accordance with the above criteria as well as the following considerations:
A. The demolition of the structure will not be detrimental to the character of the area and City and will be an improvement to existing conditions; and
B. The applicant has adequately documented the existing structure for the purpose of historical records.
(f) Time Limit.
(1) The applicant shall receive approval of a zoning certificate or sign permit, as applicable, within one year of the date the COA was approved and comply with the time limits of the approved zoning certificate or sign permit or the approval shall expire. The date of approval shall be the date the Zoning Administrator issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(3) Upon written request, one extension of six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) The Design and Review Board may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Design and Review Board shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)