Ashtabula City Zoning Code
TITLE NINE
Planning and Land Use
1187.01 STATEMENT OF PURPOSE.
(a) The City of Ashtabula hereby declares as a matter of policy the importance of safeguarding the architectural integrity of historic sites, buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value in the interest of the health, prosperity, safety and welfare of the residents of the City.
(b) It is the intent of this chapter to establish procedures whereby certain areas, places, sites, buildings, structures and objects shall be allowed the measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolition before such acts are performed, so that the following objectives are achieved:
(1) To promote the use and preservation of historic buildings, structures, and sites which reflect the cultural, social, economic, political, or architectural heritage of the City for the education and general welfare of the people of Ashtabula.
(2) To protect and enhance the attractiveness of the City as it relates to residents, tourists and visitors, serving as a support and stimulant to business, and thereby strengthening the economy of the City of Ashtabula and its residents.
(3) To stabilize and increase the property values within the City.
(4) To facilitate the reinvestment in and the revitalization of certain older districts and neighborhoods.
(5) To enhance the visual and aesthetic character, diversity and interests of the City.
(6) To preserve and further enhance the civic pride of the residents of Ashtabula in the beauty of the City and in the notable accomplishments of its past.
(7) To protect the property rights of owners whose properties lie within areas of historic architectural significance.
(Ord. 2019-91. Passed 8-5-19.)
1187.02 DEFINITIONS.
As used in this chapter:
(a) "Accessory structure" means a permanent or semi-permanent exterior object which serves or is used by the occupants or potential occupants of the main structure, including without limitation sheds, fences, porches or decks, pergolas, awnings, gazebos, signs, plaques and other exterior fixtures.
(b) "Addition" means any act or process that changes one 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.
(c) "Alteration" means any material or visual change other than normal maintenance and repair to the exterior of any building or accessory structure located within an historic district or to any historic property or to the publicly accessible interior of any listed property which was listed in whole or in part because of the interior's historic or architectural significance.
(d) "Applicant" means any owner, person, association, partnership, or corporation who or which applies for a certificate of appropriateness in order to undertake any change on property designated as a landmark or that is within a historic district.
(e) "Ashtabula Historic Preservation Commission" is the commission established under the provisions of the enabling legislation.
(f) "Certificate of appropriateness" or "COA” means a certificate issued by the Ashtabula Historic Preservation Commission indicating that a proposed change, alteration, construction or demolition of a designated historic building or structure or within a designated historic site or district is in accordance with the provisions of this chapter.
(g) "Change" means any alteration, demolition, removal or construction involving any buildings or accessory structures located on any real property subject to the provisions of this chapter. The change shall not be related to ordinary maintenance or repair of any property provided that such work involves no change in material, design, texture, color or outer appearance of such property.
(h) "Construction" means the act of constructing an addition to an existing building or structure or the erection of a new principal or accessory structure on a lot of property.
(I) "Demolition" means any act or process that destroys in whole or in part any building or structure.
(j) "Historic district" means any area designated by ordinance of the City which contains within definable geographic boundaries, buildings, structures, accessory structures or sites of historic, architectural or archaeological significance.
(k) "Landmark" means any building, structure, site, work of art, or object that has been designated as a "landmark" by ordinance of the City, pursuant to procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archaeological significance.
(l) "Owner" means the owner or owners of record.
(m) "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
(n) "Reconstruction" means the process of reproducing by new construction the exact form and detail of a vanished structure, or part of it, as it appeared at a specific period of time. Reconstruction should be undertaken only when the property to be reconstructed is essential for understanding and interpreting the value of an historic district and sufficient historical documentation exists to insure an exact reproduction of the original.
(o) "Rehabilitation" means the process of returning a property to a state of utility, through repair or alteration, which makes possible and efficient contemporary use. In rehabilitation, those portions of the property which are important in illustrating historic and cultural values are preserved or restored.
(p) "Restoration" means the process of accurately recovering the form and details of a property as it appeared at a particular period of time by means of removal of later work and the replacement of missing original work.
(Ord. 2019-91. Passed 8-5-19.)
1187.03 DESIGNATION CRITERIA FOR INDIVIDUAL LANDMARKS AND HISTORIC DISTRICTS.
In considering the designation of any building, accessory structure, structure, site, work of art or object as a "landmark" or any area which contains within definable geographic boundaries, buildings, structures or sites of historic architectural or archaeological significance as a 'historic district", the Ashtabula Historic Preservation Commission appointed pursuant to Chapter 167, hereafter referred to as the AHPC, shall apply the following criteria:
(a) The character, interest or value of the area, property, or site as part of the development, heritage or cultural characteristics of the city, state, or nation;
(b) The location as a site of a significant historic event;
(c) The identification with a person or persons significant in our past;
(d) The exemplification by the area, property, or site of the cultural, economic or social heritage of the city, state, or nation;
(e) The portrayal of a group of people in an era of history, characterized by a distinctive architectural style;
(f) The embodiment of distinguishing characteristics of a building type or architectural style;
(g) The embodiment of elements of architectural design, detail, materials or craftsmanship, which represent architecture of significant character;
(h) The identification as the work of an architect or master builder whose work has influenced the city, state, or nation;
(i) The potential to yield information important in prehistory or history; and
(j) A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or of the City.
(Ord. 2019-91. Passed 8-5-19.)
1187.04 PROCEDURE FOR ESTABLISHING HISTORIC DISTRICTS OR LANDMARKS.
To consider the establishment of a historic district or landmark, the following procedure shall be followed:
(a) The initiation of a proposal for a historic district shall be made only by a property owner(s) in the proposed district area. Property owner(s) of the proposed district shall present to the AHPC a petition, expressing their desire to be declared a historic district, which shall specify the characteristics of the district that uniquely define it as historic. The boundaries of the proposed district shall be specified. The petition shall be signed by not less than fifty-one percent (51%) of the owners of the properties to be included in the district and shall include verification of such requirements with reference to the Ashtabula County Auditor's real property records. For purposes of this Section, an owner is defined as the person or entity holding title to one or more parcels of land within the proposed district, and each owner shall have one "vote" regardless of how many parcels within the proposed district are owned by that person or entity.
(b) The initiation of a proposal for a landmark shall be made only by the landmark property owner(s). Said property owner(s) shall submit the proposal for landmark status to the AHPC, and such proposal shall specify the characteristics of the property that uniquely define it as historic.
(c) The AHPC shall consider the proposal in terms of the criteria provided in Section 1187.03. After review, the AHPC shall forward the proposal with its recommendation along with the owners' written comments to the City Council.
(d) Upon receipt of the AHPC's recommendation, the City Council shall cause an appropriate ordinance to be prepared stating the reason for the designation of a landmark or the establishment of a historic district. A public hearing shall be scheduled on the proposed legislation. Notice of the public hearing shall be given by Council in one or more newspapers of general circulation in the City. Said notice shall be published at least ten (10) days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposal and a statement that opportunity to be heard will be afforded to any person interested. If the proposal involves an historic district often (10) or less parcels of land, as listed on the tax duplicate, at least ten (10) days before the day of the public hearing written notice of the hearing shall be mailed by the Clerk of Council to all owners of property located within 300 feet of the proposed district, directed to the addresses of such owners appearing on the County Auditor's current tax list. The notice shall contain the same information as required of notices published in newspapers as specified above.
(e) Council shall give due consideration to the findings and recommendations of the AHPC and to the public hearing comments and shall make a final determination. City Council may:
(1) Approve the proposal as requested and designate the landmark or district as a historic property. Approval shall require the vote of art least five (5) Councilors if a proposal previously has been denied by the AHPC.
(2) Deny the proposal.
(f) After a decision by City Council, the Clerk of Council shall notify all persons known to have a legal or equitable interest in said property. The Division of Planning & Community Development (hereafter "PCD") and the Chairperson of the AHPC shall also be notified.
(g) The City Manager or PCD shall notify any appropriate county, State or Federal offices after a designation is approved. The City Solicitor shall cause to be recorded in the office of the Ashtabula County Recorder a certified copy of each ordinance designating a preservation district or landmark.
(h) No legislation under this section shall be rendered invalid by any failure or alleged failure to provide a prescribed notice by mail or otherwise by person.
(I) Designation of a historic district or landmark shall be considered a district overlay with the regulations of the underlying zoning district remaining in effect for any property designated as a landmark or included in a historic district.
(j) Following the designation of the landmark property, the AHPC may place or cause to be placed on such landmark an official City plaque, indicating that such property or part thereof has been designated a landmark in the City. In case of designation of a district, the AHPC may place or cause to be placed official City plaques at appropriate location(s) near all entranceways to the new district. The design and location of such plaques shall be within the sound discretion of the AHPC, subject to approval by a majority of Council. Said plaques shall be and remain the property of the City.
(Ord. 2019-91. Passed 8-5-19.)
1187.05 CERTIFICATES OF APPROPRIATENESS.
(a) A certificate of appropriateness (hereafter "COA”) is required for exterior alterations or additions to the exterior of any building or structure designated as an historic landmark or located within an historic district, for the construction of a new building or structure within an historic district, or for the demolition of an existing building or structure designated as an historic landmark or located within an historic district.
(b) Zoning permit applications for changes within designated historic districts or to historic landmarks shall be deemed to be applications for certificates of appropriateness. The PCD shall forward these applications to the AHPC chairperson.
(c) Application procedures.
(1) Informal review: Applicants are encouraged to read the guidelines to become familiar with design review for historic buildings and structures. Applicants are encouraged to discuss a project and certificate of appropriateness with the AHPC prior to submitting an application. The AHPC may provide a list of resources which may guide an applicant in preparing a formal submission. Applicants may request an informal review with the AHPC prior to a formal submission.
(2) Submission requirements: The applicant shall submit an application for a COA along with supporting documents as specified herein to the City Division of Planning and Community Development (PCD). The supporting documents shall include drawings, photographs, specifications, and material samples. The submission must accurately represent the proposed alterations, additions and/or new construction. PCD staff will forward copies to each of the AHPC members, for consideration at the next regular meeting of the AHPC.
(d) The AHPC shall make a determination on a COA within sixty (60) days of the filing of the application unless the applicant approves an extension of time. The AHPC may table the application for additional information or clarification for a period not to exceed an additional thirty (30) days. If the AHPC fails to render its decision within the specified time period the COA shall be deemed approved.
(e) In making such a determination the AHPC shall refer to the Secretary of Interior's Standards for Rehabilitation and to guidelines adopted by the AHPC.
(f) The AHPC shall approve or approve with conditions the COA upon finding that:
(1) The proposal conforms to the guidelines; or
(2) There is no feasible and prudent alternative alteration or change which would conform to the guidelines, and adhering to the guidelines would deny the owner any commercially viable use of the real property.
(g) If a COA is approved, permits relative to the proposed changes may be issued immediately following normal zoning and building department review procedures.
(h) If a COA is denied, the City shall not issue any permits that would allow modifications for which the COA was denied. In cases where a COA has been disapproved the AHPC shall state the reasons for such disapproval in writing and transmit the written statement to the applicant together with any recommendation the AHPC may have made for appropriate changes. The AHPC shall make every effort to work with the applicant for a period not to exceed sixty (60) days after a disapproval to develop a proposal that will be compatible with the terms of this chapter so as to permit a COA to be issued.
(I) In the case of a denial of a COA for demolition:
(1) The AHPC and applicant shall undertake meaningful and continuing discussion to find a means of preserving the property.
(2) If the applicant fails to meet with the AHPC in good faith and at specified times, then denial of the application will stand.
(3) After meeting with the applicant, if the AHPC determines that denial would create a substantial hardship to the applicant, it shall propose a compromise which relieves the hardship, if it exists.
(4) If, after meeting with the applicant, the AHPC has not reached a compromise with the applicant that relieves substantial hardship, then the applicant may appeal the decision, within thirty (30) days of the said meeting, directly to the City Council. Council may affirm, modify or reverse the AHPC's decision.
(5) In the specific cases of demolition, the AHPC may delay a decision for up to 180 days upon finding that a structure is of such importance that alternatives to demolition should be actively pursued by both the AHPC and the applicant. Alternate steps to be investigated include, but are not limited to:
A. Consultation with civic groups, public agencies and interested citizens;
B. Recommendations for acquisition of the property by public or private bodies;
C. Exploration of the possibility of moving one or more structures or other features.
(j) Notice of the decision of the AHPC regarding any application shall be mailed by the AHPC Secretary to the applicant by ordinary U.S. Mail within ten (10) days after the decision date.
(k) At any time prior to completion of work under a COA an applicant may apply for an amendment to the certificate. An applicant must apply for an amendment if the design for which the certificate was issued is altered.
(l) The COA shall be valid for a period of one (1) year from the date of approval by the AHPC and all work shall be substantially completed within one (1) year from the date of approval. The AHPC shall grant an extension of time for up to an additional 180 days for good cause shown.
(m) Nothing in this ordinance or any rules adopted pursuant to this ordinance shall be construed to prevent the ordinary maintenance or repair of any building or structure provided such work requires no alteration to exterior architectural features.
(Ord. 2019-91. Passed 8-5-19.)
1187.06 EMERGENCY REMEDIES AND ROUTINE MAINTENANCE.
Nothing in this chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or accessory structure which has been determined by the PCD, Fire Inspector or Building Official to constitute an unsafe condition requiring immediate action to protect the members of the public and/or nearby properties. Similarly, nothing in this chapter shall be construed to govern or restrict routine maintenance activities which do not represent an alteration to the specified historical features or exterior appearance.
(Ord. 2019-91. Passed 8-5-19.)
1187.07 COMPLIANCE.
(a) The PCD shall review the construction drawings, final plans, and other similar documents for compliance with an approved COA, any conditions attached thereto, and any approved or required modifications thereof.
(b) If it is determined that a deviation from an approved COA is planned or constructed, a stop work order shall be issued by the PCD.
(c) The PCD and the Chairperson of the AHPC together shall determine the impact of the modification with regard to the intent of an approved COA. Such determination shall be made within seventy-two (72) hours following the issuance of a stop work order, if possible.
(d) Any modification may be approved administratively and the stop work order lifted if the PCD and the Chairperson determine that it is a minor modification to the approved COA.
(e) Any modification that is determined to be a major modification or that does not satisfy the intent of the approved COA will require a new application for a COA. The stop work order shall not be lifted until the new application has been heard and approved by the AHPC.
(Ord. 2019-91. Passed 8-5-19.)
1187.08 APPEALS.
The applicant, or any other person or entity, or any officer, board or department of the City of Ashtabula, aggrieved by the decision of the AHPC, except in the case of a denial of a COA for demolition (which must be appealed to City Council per Section 1187.07(h)) or removal of an object designated as a historic landmark from the City of Ashtabula (which must be appealed to City Council per Section 1187.12), may appeal to the City Planning Commission as set forth in Codified Ordinance Section 1137.05.
(Ord. 2020-52. Passed 6-15-20.)
1187.09 REMOVAL OF AN OBJECT LANDMARK FROM THE CITY.
No object designated as a historic landmark may be removed from the City of Ashtabula unless the AHPC consents in writing to such removal. Anyone wishing to remove an object designated as a historic landmark from the City shall submit an application for such removal to the AHPC. Such application shall identify the object, the owner of the object, the current location of the object, the date or dates that the object will be out of the City and where the object will be located while it is out of the City. The application shall also identify and provide current contact information (including address and telephone number) for the person or entity that will have control or possession of the object while it is out of the City. The AHPC may approve the application in whole or in part or may deny the application in whole or in part. The AHPC may also impose conditions in connection with any whole or partial approval, including but not limited to a limitation on the length oftime that the object may be out of the City and restrictions on the manner the object may be used while it is out of the City. The AHPC shall make a determination on the application within sixty days after its receipt of the application. If the AHPC fails to render a decision within such time, the application shall be deemed approved as submitted. The applicant, or any other person or entity, or any officer, board or department of the City of Ashtabula, aggrieved by the decision of the AHPC may appeal the decision of the AHPC to Council by filing a notice of appeal with the Clerk of Council not later than twenty (20) days after the AHPC renders its decision. Council shall consider the appeal at its next regular meeting that is not less than fourteen (14) days after the notice of appeal is filed. In the event of an appeal, Council may affirm, modify or reverse the decision of the AHPC.
(Ord. 2019-91. Passed 8-5-19.)
1187.10 DESIGN REVIEW STANDARDS/DEMOLITION CRITERIA.
(a) These guidelines are meant to give architects and property owners design direction consistent with Chapter 1187 of the Codified Ordinances of the City of Ashtabula. In principle, the board adopts the United States of America, Secretary of the Interior's Standards for the Treatment of Historic Properties (Appendix A).
(b) Preservation/rehabilitation. With respect to preservation/rehabilitation generally it is the interest of the board that buildings within historic districts be preserved, thus maintaining the character of the district. Consistent with the United States Secretary of the Interior, Standards for the Treatment of Historic Properties, the intent of these guidelines is to preserve and restore the features which establish a building's architectural character while making alterations and renovations necessary for the efficient and contemporary use of the building. The rehabilitation process assumes that some alterations may be necessary to meet the needs of the building owner and the health, safety, and welfare of the building occupants. Such alterations should be done so as not to destroy the materials and features which help to define a building's historic, cultural, and/or architectural character.
(c) The historic materials, features, and/or craftsmanship are important in defining the building character and should be retained, protected, and repaired when possible. When the preservation of architectural features is not possible, alterations should be done in a manner respecHhl of the existing character, but done in a manner that is representative of architectural design and construction of contemporary times.
(d) Additions/new constructions. With respect to additions/new construction to existing buildings and all new buildings or structures within historic districts, it is generally the interest of the board that such additions/new construction shall be designed to enhance the character of the district. New buildings and additions should be representative of architectural design and construction of contemporary times.
(e) Additions to existing buildings in a historic district should be designed so as not to detract from the original character of the building. Whenever possible, additions should be located away from primary or street face of the building. The addition should be designed so as not to destroy existing architectural features, such that the addition can be removed and the building restored to its original condition.
(f) New buildings in a historic district shall be designated to be compatible with the other structures in the district while still reflecting work of contemporary times. Proximity of existing buildings to the new building will affect the latitude in design constraints. An infill design should be more consistent with adjoining buildings than a freestanding structure.
(g) Demolition. With respect to demolition, it is the interest of the board that landmark buildings and buildings within historic districts be preserved and renovated for economically productive uses. The board encourages the saving and adaptive reuse of buildings significant to the character of the historic districts and the history of the City of Ashtabula. Consistent with this intent, the board also realizes that the historic district is not a static environment, but an ever changing and developing entity. Applications for demolition shall be reviewed based on the overall impact the demolition will have on adjacent historic landmarks, historic districts, and the community.
(h) In reviewing an application, the AHPC will also consider the impact of the proposed use of the site on the historic district. Demolition of existing buildings which are not a significant loss to a historic district to allow for the construction of new development which enhances the historic district may be acceptable.
Appendix A
Secretary of the Interior's Standards for the Treatment of Historic Properties
Standards for Preservation
l. A property will be used as it was historically. or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.
2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
4 Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. http://ww,v.nps.gov/tps/standards/four-treatments/treatment-preservation.htm
Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces. and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will 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. http://www.nps.gov/tps/standards/four-treatments/treatment-rehabilitation.htm
Standards for Restoration
1. A property will be used as it was historically or be given a new use which reflects the property's restoration period.
2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken.
3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.
6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials.
7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
10. Designs that were never executed historically will not be constructed. http://www.nps.gov/tps/standards/four-treatments/treatment-reconstruction.htm
Standards for Reconstruction
1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.
3. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships.
4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non-surviving historic property in materials, design, color, and texture.
5. A reconstruction will be clearly identified as a contemporary recreation.
6. Designs that were never executed historically will not be constructed. http://www.tps.gov/tps/standards/four-treatments/treatment-reconstruction.htm
(Ord. 2019-91. Passed 8-5-19.)
1187.99 ENFORCEMENT PROVISIONS AND PENALTIES.
(a) If it is found that any of these provisions or standards is being violated, all work shall cease upon written notification by the AHPC or the PCD, and no work shall be performed except to correct the violations. All work shall be corrected within a reasonable period of time not to exceed thirty (30) days unless a longer time is agreed upon by the owner and the AHPC. Any violations not corrected within the specified time may be prosecuted as set forth below.
(b) Whoever constructs, reconstructs, or alters any exterior architectural feature or demolishes part or all of any building or accessory structure within the historic district or any historic landmark other than as authorized by a COA shall be deemed to be in violation of this section, the provisions of which are specifically intended to impose strict liability, and shall be chargeable with Violation of Historic District Regulations, a minor misdemeanor criminal offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. Whoever violates this section shall be required to restore and reconstruct such features in full detail. Restoration or reconstruction shall be in addition to any criminal penalty and not in lieu thereof.
(c) Whoever receives a COA from the AHPC and constructs, reconstructs, or alters any exterior architectural feature or demolishes a part or all of any building or accessory structure within the historic district or any historic landmark other than in accordance with the requirements of the COA shall be deemed to be in violation of this section, the provisions of which are specifically intended to impose strict liability, and shall be chargeable with Violation of Historic District Regulations, a minor misdemeanor criminal offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. Whoever violates this section shall be required to make all changes needed to comply with the COA. These changes shall be in addition to any criminal penalty and not in lieu thereof.
(Ord. 2019-91. Passed 8-5-19.)
1189.01 LAND REUTILIZATION PROGRAM (LAND BANK).
(a) The procedures set forth in Sections 5722.02 to 5722.15 of the Revised Code of Ohio, as currently enacted and as hereafter amended, commonly referred to as “land bank” legislation, are hereby adopted and implemented in order to facilitate the effective reutilization of nonproductive land situated within the boundaries of the City of Ashtabula, Ohio.
(b) All future amendments to the pertinent Revised Code Sections shall henceforth be a part of the foregoing land reutilization program.
(Ord. 2013-174. Passed 11-18-13.)
CITY OF ASHTABULA