CHAPTER 155: mstoric PRESERVATION Section 155.01 Purpose 155.02 Historic District Review Board established 155.03 Purpose of the Historic District Review Board 155.04 Duties of the Historic District Review Board 155.05 Boundaries of the Historic District 155.06 Definitions 155.07 Certificate of appropriateness required 155.08 Procedure for certificate of appropriateness 155.09 Criteria for evaluation for certificate of appropriateness 155.10 Design criteria 155.11 Certificate of appropriateness required for new signs 155.12 Demolition of structures 155.13 Appeals 155.99 Penalty 155.01 PURPOSE. (A) The following guidelines are hereby established to protect the historic and architectural nature of downtown Wellston. (B) This chapter is necessary for the preservation of the health, welfare and safety of the city and its inhabitants, and furthermore is necessary to comply with the requirements for the funding of the Downtown Revitalization Grant. 155.02 mstoric DISTRICT REVIEW BOARD ESTABLISHED. (A) Established. In recognition of the need for the establishment of a public body with the authority to advise upon changes to structures and objects in the Historic District in order to encourage changes that are compatible with the restoration movement now in progress, the Historic Review Board (hereinafter referred to as the Review Board) is hereby established. The Review Board shall consist of 5 residents of the city appointed by the Mayor with approval of City Council, for terms of 3 years. At least 2 members of the Board shall be residents or property owners within the Historic District. In appointing members. the Mayor and City Council shall make good faith effort to appoint persons with professional training in the fields of architecture. design or urban planning. (B) Meetings. The Historic District Review Board shall hold not less than 4 regular meetings per year. (C) Quorum. Three members of the Board shall constitute a quorum. The concurring vote of 3 members shall be necessary to adopt any motion or action. (D) Procedure. The Historic District Review Board shall adopt its own other procedural rules and guidelines. 135 2003 S-1
136 Wellston - Land Usage 155.03 PURPOSE OF THE mstoric DISTRICT REVIEW BOARD. Council, being mindful of the proud history of this community, hereby declares as a matter of public policy that the preservation, restoration, rehabilitation and overall aesthetic improvement of our community are matters of public necessity involving the health, safety, prosperity and welfare of the people. The purpose of the Review Board is to: (A) Maintain and enhance the distinctive character of the Historic District by safeguarding the architectural integrity of the various period structures within it, and to prevent intrusions and alterations within this district that would be incompatible with this established character. (B) Maintain and enhance the distinctive character of certain properties in Wellston by safeguarding the architectural integrity of the various period structures upon those properties in the Historic District. (C) Provide for a means of design review for other aspects of community development within Wellston that will be of any assistance in achieving a more pleasing environment for the residents of and visitors to the city. 155.04 DUTIES OF THE mstoric DISTRICT REVIEW BOARD. (A) Following their appointment to the Review Board, the members shall meet as soon as possible to organize and elect a Chairman and Secretary. The Review Board shall adopt its own rules of procedure and provide for regular and special meetings to accomplish the purpose of the zoning code. The Board may not adopt substantive rules or criteria without prior City Council approval. (B) The Review Board shall review and act upon all applications for certificates of appropriateness as required. (C) The Review Board shall conduct or cause to be conducted or assist the conduction of a continuing survey of all areas, places, buildings, structures, homes, works of art or other objects of environmental and aesthetic interest 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 in the Historic District. (D) The Review Board shall 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 District designated under the provisions of this chapter, and shall make every effort to improve the overall design and the environmental awareness of the people. (E) The Review Board shall establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for certificates of appropriateness submitted to it and the manner in which they shall be processed. These criteria shall include specific considerations to be given to building materials, landscaping, signs, lighting and architectural style for properties within the Historic District and properties adjacent to the Historic District. (F) The Review Board may recommend to City Council legislation that would best serve to beautify, preserve, restore and develop the city. (G) The Review Board may employ on a parttime basis technical experts as needed to assist in performing its duties, within the appropriations made available. (H) The Review Board may, within its capabilities, perform such other related tasks as may be required and requested by City Council. 155.05 BOUNDARIES OF THE mstoric DISTRICT. (A) The Historic District boundaries are shown on the map attached to Ord. 3438, and include all 2003 S-1
Historic Preservation 137 properties within such boundaries and all properties fronting on the opposite side of the street or adjacent to any property within the Historic District. (B) Property fronting on the opposite side of the boundary street or adjacent to any property within the Historic District shall only be reviewed and regulated to such degree as to be reasonably compatible with those properties within the district boundary. 155.06 DEFINITIONS. The following definitions shall apply only within the boundary and to the provisions of this Historic Review Board: ALTERATION. Any action to change (visual or material), modify, reconstruct, remove or demolish any exterior features of an existing structure or site designated as within the Historic District. Ordinary maintenance to correct any deterioration, decay or damage to a structure or premises and to restore the structure as nearly as practicable is excluded from the definition of ALTERATION, provided such work does not involve a change in type of building materials. APPliCANT. Any person, persons, association, organization, partnership, unit of government, public body or corporation who applies for a certificate of appropriateness in order to undertake any change to property within the District. APPURTENANCE. Any structure or object subordinate to a principal structure or site located within the Historic District. Examples are bike racks, carriage houses, display signs, fences, garages, public artwork, statues, street furniture and vending machines. ARCHITECTURAL CHARACTER. The architectural style, general design, and general arrangement of the exterior of a building or other structure, including the type and texture of the light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, "exterior features" means the style, material, size and location of the sign. BOARD. The Historic Review Board of the City of Wellston. CERTIFICATE OF APPROPRIATENESS. A certificate authorizing any change within the Historic District. This certificate is given to the applicant stating that the proposed construction, alteration, demolition or architectural feature is appropriate and consistent with the architectural characteristics and set forth in the Historic District guidelines. CHANGE. Any alteration, construction, removal or demolition involving any property in the Historic District. This includes signs. CHARACTERISTICS. qualities of a property. Unique attributes or CONSTRUCTION. The process of building erecting or placing a structure, appurtenance or object within the Historic District. DEMOliTION. The process of razing or removing all or a substantial portion of a building, structure or appurtenance in the Historic District. Note: relocation denotes moving a structure or a appurtenance intact to another location. DISTRICT or HISTORIC DISTRICT. Those sites, properties or areas within the city as indicated by the map attached to Ord. 3438. ENVIRONMENTAL CHANGE. Construction, material alteration, demolition or removal of any property. FACADE. The face or front of a structure in any vertical surface adjacent to a public way. landscaping. Includes only such major landscaping work that is to be on open tracts of land, parking lots, streets, alleys and other open areas, but ' " 2003 S-l
138 Wellston - Land Usage not including the planting or arrangement of flowers and plants incidental to the enhancement of single properties. listed PROPERTIES. Any property which has special character, historical, aesthetic or architectural valve and has been designated by the city or the United States government. MAINTENANCE. Any normal maintenance or repair which does not require a building permit and does not constitute alteration as defined in this section and whose purpose is to correct decay, deterioration or damage to an architectural feature and restore it to its condition prior to deterioration, decay or damage. OWNER. Owner or owners of record. PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure., REHABILITATION. The act or process of returning a building, object site, or structure to a state of utility through repair, remodel or alteration while preserving the features that are significant to its historical, architectural and cultural values. RELOCATION. Any change in the location of a structure or object from one setting to another. RESTORATION. The act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. SITE. Any significant historical, archaeological, or architectural property without a principal structure, such as the location of a prehistoric or historic activity, or a significant event. A SITE may also include a property of significant landscape design. STRUCTURE. A building, object, monument, work of art, or work of engineering permanently affixed to the land. Also, any combination of a material that is functional, aesthetic, cultural, historical or of scientific value that may be, by nature or design, movable yet related to a specific setting or environment. This also includes any combination of materials to form a construction that is safe and stable. 155.07 CERTIFICATE OF APPROPRIATENESS REQUIRED. No building permit required by the city shall be issued in the Historic District for any construction, rehabilitation, alteration or demolition of any structure unless a certificate of appropriateness has been issued. When the owner of a property within the Historic District desires to make changes other than ordinary maintenance, such owner or his agent shall first secure a certificate of appropriateness. 155.08 PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS. (A) The application for a certificate of appropriateness shall be made on such forms as prescribed by the Building Inspector, along with such plans, drawings, specifications and other materials as may be needed by the Board to make a determination. At a minimum, such information shall include the following: (1) Site plan Showing building outlines, dimensions and landscaping. change. (2) A complete description of the proposed (B) Applications for a certificate of appropriateness shall be filed with the Safety and Service Director at least 10 days prior to the meeting of the Historic District Review Board. (, 2003 S-1
Historic Preservation 139 (C) The Board shall determine whether the proposed change will be appropriate to the preservation of the environmental, architectural or historic character of the Historic District, pursuant to the criteria specified in 155.09 and 155.10. (D) If the proposed charge is in accordance with the guidelines and criteria for the Historic Review Board then the Board shall issue a certificate of appropriateness. 155.09 CRITERIA FOR EVALUA TION FOR CERTIFICATE OF APPROPRIATENESS. In considering the appropriateness of any proposed change, including landscaping or exterior signing, the Historic District Review Board shall consider the following: (A) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical bias and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged. (B) The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural or environmental features should be avoided when possible. (C) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. Additions to the least significant and least visible of historic properties should be given priority over other designs. (0) Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed to have acquired significance, then this significance shall be recognized and respected. (E) Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or placement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures. (F) The visual and functional components of the building and its site, including but not limited to building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation. and signing. (G) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity. (H) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or culture material, and such design is compatible with the size, sale, color, material and character of the property, neighborhood or environment. (I) The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided. (1) Attention shall be taken to avoid the environmentally harmful effect often created by the clash of undisguised contemporary materials with 2003 S-1
140 Wellston - Land Usage those of older origin, such as aluminum or other metals, plastic, glass and fiberglass used improperly with brick, stone, wood and masonry. (K) The Historic Review Board shall favor use of traditional and authentic earth tone colors and trim colors as opposed to colors of contemporary origin. Penalty, see 155.99 155.10 DESIGN CRITERIA. In considering an area building, structure or work of art in the Historic District, the following criteria shall apply: (A) Existing structures, buildings and open areas. Reconstruction and/or rehabilitation of structures within the Historic District shall conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment. Please consider the following: (1) The character or value of a property or area as part of the heritage or cultural characteristic of the city; (2) Identified as the work of an architect or notable builder whose work has influenced the development of the city; (3) A unique location or physical characteristic that represents an established feature of the Historic District; (4) The location as a site of a significant historic event. (B) New construction. The design of new structure and additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the same location. (C) The Secretary of the Interior I s Standards for Rehabilitation shall apply and are as follows: (1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy historic 2003 S-l
Historic Preservation 141 materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (D) Materials. All new structures and all reconstruction or remodeling of existing structures within the Historic District shall utilize natural traditional exterior materials such as brick, stone, masonry and wood. The use of contemporary materials, such as aluminum, other metals, fiberglass and plastics for exterior surfaces on architecturally significant structures shall be prohibited unless the use of such materials would contribute to preservation or enhancement of existing traditional materials and the overall integrity and longevity of a structure. (E) Color. Traditional colors that are identified with the origin or the era in which the structure of property was originally built shall be used for exteriors for all new structures to be built, and the reconstruction. remodeling and exterior maintenance of existing structures with the Historic District. (F) Signs. All signs within the Historic District shall conform to the color and material standards of this section. be of such a style, size andlor design that reflects what is typically associated with the era during which the structure was built. Such signs shall also conform to the requirements in other sections of this chapter. Sign size and shape shall also correspond to the existing proportions of period structures, and signs shall not be permitted to cover or close existing window and doorway openings or otherwise hide important architectural features. (Ord. 3438, passed 9-20-2001) Penalty, see 155.99 155.11 CERTIFICATE OF APPROPRIATENESS REQUIRED FOR NEW SIGNS. A certificate of appropriateness is required to erect or place any new sign in the Historic District. (Ord. 3438, passed 9-20-2001) Penalty, see 154.99 155.12 DEMOLmON OF STRUCTURES. No demolition of any property shall be undertaken prior to obtaining a certificate of appropriateness. In cases where an applicant applies for a certificate of appropriateness to demolish a structure within the Historic District, the Board shall grant the demolition and issue a certificate of appropriateness when at least one of the following conditions prevail: (A) The structure contains no features of architectural and historic significance to the character of the Historic District. (B) There exists no reasonable economic use for the structure as it exists or as it might be restored, and that there exists no feasible and prudent alternative to demolition. (C) Deterioration has progressed to the point where it is not economically feasible to restore the structure. (Ord. 3438, passed 9-20-2001) 155.13 APPEALS. (A) If the certificate of appropriateness isdenied, the Historic Review Board shall attempt to work with the owner/owners to work out an alternative plan that is acceptable to all parties. (B) If the owner and the Historic Review Board are unable to work out an alternative plan then the owner may appeal to the City Council in writing. Such appeal shall be submitted to the Board of Zoning 2003 S-l
142 Wellston - Land Usage Appeals within 30 days of the decision of the Historic Review Board. The Board of Zoning Appeals may modify, remand or reverse the decision. (Ord. 3438, passed 9-20-2001) 155.99 PENALTY. (A) Whoever constructs, alter, modifies or demolishes any exterior feature of any property or area in objection to the Historic Review Board or changes or installs signs in violation of this chapter shall be deemed in violation of this chapter and shall be guilty of a misdemeanor of the third degree. (B) The city may institute appropriate proceedings to prevent such unlawful change. (Ord. 3438, passed 9-20-2001) /, 2003 S-l