This chapter shall be referred to as the Historic and Architectural Preservation Code (the “Code”).

(Ord. 8878, passed 3-15-2021)

   Council, being mindful of the proud history of Bowling Green (the “city”) and of the importance of its cultural heritage in the everyday lives of its residents, and in recognition of the immense efforts and investments already made in historic properties by residents of the city, hereby declares as a matter of public policy that the restoration, rehabilitation, and overall preservation of the built environment are matters of public necessity involving the health, safety, prosperity, and welfare of the people. The purposes of this chapter are to:

   (A)   Protect historic resources in order to

      (1)   Foster civic pride and civic beauty;

      (2)   Stabilize and increase property values;

      (3)   Strengthen the economy by attracting customers to local businesses;

      (4)   Maintain and enhance the distinctive character of historic buildings, structures, sites, objects, landmarks and districts;

      (5)   Safeguard the heritage of the City of Bowling Green by preserving buildings, districts, landmarks, objects, sites, and structures which reflect elements of its culture, history, architecture, archaeology, or engineering;

       (6)   Protect and enhance the city's appeal to prospective residents, businesses, tourists, university students, faculty, and staff;

      (7)   Facilitate reinvestment in and revitalization of designated historic districts and adjacent neighborhoods; and

      (8)   Protect the investments already made by individual landowners in historic buildings and neighborhoods in the Bowling Green community.

   (B)   Establish procedures whereby certain historic landmarks, buildings, structures, sites, objects, and historic districts will be given that measure of protection afforded by the issuance of a “Certificate of Appropriateness” (COA) before certain alterations, demolition, or new construction can be undertaken;

   (C)   Maintain and enhance the distinctive historic character of certain assets or properties pursuant to this Code;

   (D)   Safeguard the architectural integrity of certain properties identified pursuant to this Code;

   (E)   Identify and safeguard Bowling Green's heritage by preserving properties of historic significance;

   (F)   Integrate the preservation of certain properties identified pursuant to this Code into public and private land use planning, management, and development; and

   (G)   Identify and resolve conflicts as early as possible to better preserve certain properties identified pursuant to this Code.

(Ord. 8878, passed 3-15-2021)

   For the purpose of this chapter, the following definitions shall apply.

   (F)   CERTIFICATE OF APPROPRIATENESS (COA). A certificate issued by the Historic Preservation Commission approving or denying a proposed alteration to or demolition of a listed property or property within an historic district.

(Ord. 8878, passed 3-15-2021; Am. Ord. 9028, passed 10-3-2022)

   (A)   The Commission will consist of not less than five nor more than seven members appointed by the Mayor subject to confirmation by a majority of the members of Council.

   (B)   Members must be residents of Bowling Green.

   (C)   At least two members must reside on the east side of Main Street, at least two members must reside on the west side of Main Street, and at least one member must own a downtown building or a downtown business.

   (D)   All members of the Commission must have a demonstrated special interest, experience or knowledge in history, architecture, historic preservation, or related disciplines. At least two members must be preservation related professionals to the extent such professionals are available in the city. This shall include the professions of architecture, architectural history, history, archaeology, planning, or a related discipline.

   (E)   Members' terms will be four years with the terms initially staggered so that of the initial five members two shall serve for two years, two shall serve for three years, and one shall serve for four years.

   (F)   The Mayor shall nominate an individual to fill vacancies on the Commission within 60 days of the occurrence of said vacancy.

   (G)   At its first meeting of the year the Commission shall elect a Chair, Vice-chair, Secretary and such other officers as it deems advisable.

   (H)   The Commission shall meet monthly as needed but shall meet no fewer than four times per year. Meetings must be open to the public and held in a public place. The Commission shall advertise the date, time, location, and agenda of said meeting at least 48 hours in advance.

   (I)   The Commission shall, in all other respects, have full power to organize itself, including, but not limited to, determining its own internal rules, regulations, bylaws and meeting schedule.

   (J)   The Commission shall make official determinations on a COA in a public forum. The Commission shall notify applicants of meetings and decisions in writing. In a written notification under this section the Commission shall include the reasoning of the Commission's determination. The Commission shall maintain written minutes of its meetings and the Commission shall make said minutes available for public inspection.

   (K)   The Commission shall conduct affairs in accordance with Chapter 32, Rules Regulating Open Meetings.

   (L)   A written annual report of Commission activities, including cases, decisions, special projects, and qualifications of members shall be kept on file and available for public inspection.

   (M)   Members of the Commission shall not participate in the review of any item for discussion before the Commission when such member or advisor has any direct financial or personal interest in the listed property that is the subject of the review. The rules of procedure adopted by the Commission shall be available for public inspection.

(Ord. 8878, passed 3-15-2021)

   (A)   The Commission may assist with historic preservation efforts through building inventories, public education, tourism and establishing community partnerships.

   (B)   The Commission may recommend designation of a listed property and historic districts (which includes a Historic Overlay Zone designation) for approval by City Council.

   (C)   The Commission shall work with city staff and all other interested parties to facilitate public discussion about any proposed plans that may lead to changes to any listed property.

   (D)   The Commission shall conduct, or cause to be conducted, a continuing survey of all buildings, districts, landmarks, objects, sites, or structures which are of architectural, historic, cultural, environmental, and aesthetic interest in the city and which the Commission believes, on the basis of information available or presented to it, are, or will be, eligible for designation as a listed property or fall within a historic district.

   (E)   The Commission shall maintain the Local Register.

      (1)   The Local Register must include all listed property which must be uniquely identified with a description, a photograph, a verbal boundary description, and the reason(s) for listing.

      (2)   The Local Register must include each historic district which must be uniquely identified with a description and representative photographs, including streetscapes, a map outlining the boundaries, a verbal boundary description, and the reason(s) for listing.

      (3)   The Local Register must include all non-contributing properties which must be so noted.

      (4)   The Commission shall maintain the Local Register in a location where it is readily available for inspection by the public, City Council, the Planning Commission, the Board of Zoning Appeals, and the Planning Department of the city.

      (5)   The Local Register must be compatible with the State Historic Preservation Office digital database.

      (6)   The Commission shall update the Local Register annually no later than December 31 to reflect changes, alterations, and demolitions to any property required to be listed therein.

      (7)   The Commission shall ensure that the Local Register is available through duplicates or digital images to the State Historic Preservation Office and otherwise maintained securely.

   (F)   The Commission shall adopt and use The Secretary of the Interior's Standards for the Treatment of Historic Properties (the “Standards”) in reviewing and acting upon all applications for a certificate of appropriateness for a proposed alteration or demolition within a Historic Overlay Zone.

   (G)   The Commission shall determine the appropriateness of any and all COA applications regarding the alteration or demolition of any listed property.

   (H)   The Commission may from time to time, as necessary, propose to City Council for its approval additional standards or requirements beyond those in the Standards. Should these be approved by a majority of City Council, the Commission shall make such standards, requirements, and/or regulations widely and easily available to the citizens of the city.

   (I)   The Commission shall work toward the continuing education of residents of the city with respect to the architectural and historic heritage of the city and its listed properties and historic districts.

   (J)   The Commission shall make every effort to improve the public's overall environment and design awareness.

   (K)   The Commission shall seek local partners in historic preservation to generate ideas and implement goals.

   (L)   The Commission may recommend to City Council legislation that would serve to beautify, preserve, restore, and develop the city, or that would result in additions or revisions to this Code.

   (M)   The Commission may sponsor or co-sponsor historic preservation educational events.

   (N)   The Commission shall encourage its members to attend educational sessions pertaining to the functions of the Commission at least once per year.

   (O)   The Commission may employ technical experts as may be required to perform its duties subject to the appropriations made available therefore and to perform such other related tasks within its capabilities as may be required by City Council.

   (P)   The Commission shall undertake additional responsibilities by agreement with the State Historic Preservation Office.

   (Q)   The Commission shall act as a liaison on behalf of the city government to individuals and organizations regarding the preservation and protection of properties of historic significance.

   (R)   The Commission shall act in an advisory role to city officials and departments regarding the protection of properties of historic significance.

   (S)   The Commission shall review proposed National Register nominations for properties within the city in accordance with Ohio's Certified Local Government guidelines and shall make recommendations to City Council as to their appropriateness.

(Ord. 8878, passed 3-15-2021)

      (1)   Is at least 50 years old;

      (2)   Possesses historic significance;

      (3)   Is the site of a significant historic event;

      (4)   Is identified with a person or group of persons who influenced society;

      (5)   Exemplifies the cultural, economic, social, political, or historic heritage of the city and/or its surrounding area;

      (6)   Embodies the distinctive characteristics of an architectural type, period, or method of construction;

      (7)   Represents the work of an architect, landscape architect or notable builder whose individual work has influenced the development of the city, the state, or the United States;

      (8)   Possesses high artistic values;

      (9)   Represents a significant and distinguishable entity whose components may lack individual distinction;

      (10)   Has potential to yield important archaeological information; or

      (11)   Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community, or the city.

   The Commission shall note in its written recommendation to City Council which of the listed criteria the property to be designated has met.

         (c)   Recommendation to City Council. Following the public hearing, if the Commission decides that a designation of a historic district or an individual property is appropriate, it shall make a written recommendation to City Council for the initiation of a zoning map amendment to both establish the formal designation as a historic district or listed property and to amend the zoning map to show such designation as a Historic Overlay Zone. Such written recommendation will identify each contributing property and non-contributing property within the proposed historic district and note the designation criteria satisfied by each contributing property.

      (1)   Notwithstanding any other provisions of the Code, Council may rescind the designation of a listed property or historic district by ordinance.

      (2)   Passage of such ordinance shall relieve the owner or owners from any duties or penalties connected with this Code.

      (3)   Council shall not pass such an ordinance without first proposing by motion that the designation of the listed property or historic district be rescinded and removed from the Local Register, and notifying the Commission to that effect.

      (4)   Council shall not pass such an ordinance to rescind a designation of a listed property or historic district without following the procedures required to make such a designation.

(Ord. 8878, passed 3-15-2021; Am. Ord. 9101, passed 6-12-2023)

   (A)   No person shall alter or demolish a listed property without an approved COA.

         (a)   Owners may seek a pre-application meeting with the Commission for the purpose of discussing a proposal prior to the applicant expending considerable time and/or money on required design, surveying, and/or engineering.

         (b)   At the pre-application meeting the owner may provide any information the owner considers relevant to the Commission's final COA determination. The owner shall submit such information to the Planning Department to place on the agenda for the next regularly scheduled meeting of the Commission.

         (c)   The Commission shall not take any formal action on the application during the pre-application meeting. Any discussions during the pre-application meeting are not binding on the city or the Commission and do not constitute official assurances or representations by the city, its officials, or the Commission regarding any aspects of the plan or application discussed.

         (a)   An application for a COA shall be filed with the Planning Department at least 15 days before the next regular meeting of the Commission. Applications shall include such plans, drawings, specifications, and other materials as may be requested by the Commission in order to make a determination, as well as the following:

            1.   The information required for a zoning certificate as set forth in § 150.94;

            2.   Eight copies of each color photograph of the present facade of each exterior wall of the building which is proposed to be modified or of the existing landscaping, plantings, fence, or other visible exterior elements to be changed if such exterior changes are likely to alter the streetscape;

            3.   Eight copies of sketches of proposed changes to each exterior wall or of the proposed additions or changes to landscaping, if such changes are likely to significantly alter visible exterior elements, drawn to scale and being easily understandable, with said sketches to include structural changes, all windows and doorways, roof lines, signage, and all other related changes and additions;

            4.   A description of proposed colors and materials to be used and related information fully describing the proposed modifications and additions;

            5.   For applications involving demolition, eight copies of sketches (drawn to scale) of the construction and other improvements proposed for the site following demolitions; and

            6.   The non-refundable fee.

   Electronic submission with attachments is permitted. An application for a COA will not be considered until the application is complete.

         (a)   The Commission shall give written notice to the applicant of the time, date, and place of the Commission's meeting at which the applicant's COA application will be considered. The Commission shall give the general public notice of the same.

         (b)   The Commission shall make a determination on an application for a COA within 60 days of the filing of the application unless the Commission approves an extension of time. The Commission may also table the application for additional information, lack of information, or clarification until the next scheduled meeting or for a specific period of time, thus extending the 60-day requirement by that length of time.

         (c)   If the Commission fails to render a decision within the specified time period, whether 60 days or an extended time frame due to tabling, the application for a COA shall be deemed approved, unless the Commission receives a written request from the applicant to extend the time.

         (d)   Following approval or approval with modifications, the Commission shall inform the applicant of the Commission's decision by first class mail within ten days.

         (e)   If the Commission determines that a COA should not be issued, it shall provide the applicant the reasons for denial and the recommendations, if any, of the Commission by first class mail within ten days. A denial of the application may be appealed in accordance with this chapter.

      (1)   In considering an application for a COA the Commission shall refer to the Standards, except as specifically modified in this chapter, and any other design guidelines adopted by the Commission.

      (2)   When reviewing a COA, the Commission shall also consider whether the proposed project:

         (a)   Will substantially alter the exterior features of a listed property or a property within an historic district;

         (b)   Will significantly alter the view corridor and/or streetscape;

         (c)   Is compatible in character and nature with the historic significance of the historic district in which the property is located;

         (d)   Would or would not be detrimental to the listed property or historic district;

         (e)   Would enhance or aid in the protection and preservation of the listed property or historic district;

         (f)   Is necessary in order that unsafe conditions or health hazards be remedied; or

         (g)   Is necessary in order that the owner of the listed property or property within a historic district not be deprived of reasonable use of the property or suffer undue hardship.

      (3)   The Commission may relax the standards or guidelines that apply to a COA application for a non-contributing property.

   (D)   The COA shall be valid for a period of one year from the date of approval by the Commission. If the improvements have been started within one year from the date of the issuance of the COA, the COA shall be in effect for a total of two years from the date of issuance. The Commission may approve an alternative construction scheduled for its COA approval. All improvements must be completed prior to the expiration of a COA. If the COA expires, a new COA shall be required for these improvements.

   (E)   Unless otherwise stated in this chapter, any request for an amendment or modification to the approved plans or conditions of the COA must be done in accordance with the procedures and standards established for its original approval.

   (F)   Except as otherwise stated herein, no permits for zoning, building, or demolition shall be issued without first obtaining a COA. If a COA is approved, permits relative to the proposed modifications may be issued immediately following normal review procedures. If a COA is denied, the city shall not issue any permits that would allow modifications for which the COA was denied.

   (G)   If an application for a COA seeks approval of demolition, the Commission may delay determination of the application for a period of 90 days upon a finding that the listed property is of such importance that alternatives to demolition may be feasible and should be actively pursued by both the applicant and the city. In the event that action on an application is delayed as provided herein, the Commission may take such steps as it deems necessary to preserve the listed property in accordance with the purposes of this chapter. Such steps may include, but are not limited to, consulting with civic groups, public agencies, and interested citizens; developing marketing plans; and making recommendations for acquisition of the property by public or private bodies or agencies.

(Ord. 8878, passed 3-15-2021; Am. Ord. 9101, passed 6-12-2023)

   (A)   Properties, buildings especially, may have non-historic exterior features when they are listed. Such features may include things like downtown building awnings; asphalt shingles on roofs; aluminum or others sidings on exterior walls; non-brick chimneys; and, non-wooden windows or doors. In all such cases, preservation of those features is allowed, including replacement of small sections of deteriorated awnings, roofs, walls, chimneys, windows and doors with in-kind material, so long as it matches the whole in color, texture and design. These kinds of preservation efforts do not require application to the Commission for a COA.

      (1)   Whenever full replacement of features like those listed above is necessary or desired, owners are required to apply for a COA before beginning any work and must, if possible, replace with features which move in the general direction of greater historical accuracy in design and texture.

   (B)   Flat roofs, like those on many downtown buildings, may not be visible in the view corridor. Such roofs may be repaired or replaced without application for a COA, as long as there is not significant change in elevation and no change to the view corridor.

   (C)   Auxiliary structures may be designated as historically significant when the property is listed and, therefore, are given the same protections as the main building. In all other cases, the Commission will be flexible in responding to owners' requests to alter or demolish such structures, as well as requests to add new ones, especially when such structures are at the rear of the main building.

   (D)   The Commission will not dictate every small detail of alteration to a listed property or a property within a historic district. In relatively minor matters of historic detail, flexibility will be allowed, except in any case where standards, requirements or regulations for individual listed property or property within historic districts which are more restrictive than those of the Standards approved by City Council.

      (1)   Examples of situations where this kind of flexibility will apply include use of non-wooden porch steps and flooring where wood will not hold the paint of an owner's choice; and, use of energy-efficient non-wooden windows, as long as the replacements give the same general appearance as the originals.

      (2)   Alterations to the rear of properties in historic districts will not be discouraged when the design of such alterations is compatible with the size, scale, color, material and character of the building, property, neighborhood or environment.

(Ord. 8878, passed 3-15-2021)

   (A)   No owner of any listed property, within a designated Historic Overlay Zone shall by willful action or benign neglect, fail to provide sufficient and reasonable care, maintenance, and upkeep to ensure such property's perpetuation and to prevent its destruction by deterioration.

   (B)   Landscaping shall be provided and maintained on listed properties and properties within a historic district. Listed properties and properties within a historic district must maintain appropriated foundation plantings across their front unless the design of a building in its own historic era specifically excludes the use of such plantings. Such plantings shall be, minimally, decorative shrubs and/or small trees set at intervals no wider than six feet apart along the uninterrupted (by house steps, for example) foundation frontage. Such plantings shall be regularly pruned and weeded (including removal of volunteer weed trees). These requirements do not ordinarily apply to downtown buildings.

   (C)   Owners who fail to provide reasonable care and maintenance may be fined not more than $100.

(Ord. 8878, passed 3-15-2021; Am. Ord. 9028, passed 10-3-2022)

   If any unlawful alteration is made to any listed property within a designated Historic Overlay Zone, the city may institute appropriate proceedings such as the issuance of a work-stop order to prevent such unlawful alteration. Such remedy may be in addition to the penalty provided in § 158.11.

(Ord. 8878, passed 3-15-2021)

   (A)   If it is found that any of the provisions of this chapter are being violated, the person, firm, or corporation responsible for such violations shall cease all work upon notification, 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 pursuant to the city's established procedures.

   (B)   Whoever, without a COA, alters or demolishes a listed property or property located within a historic district in such a way as to impact the streetscape or view corridor may be deemed guilty of a misdemeanor and subject to a fine of 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. If the offender has previously been convicted of any violation of this chapter, then any such subsequent violation within 24 months shall be a misdemeanor of the second degree.

   (C)   The provisions above [(A) and (B)] shall be in addition to all other applicable provisions of the Wood County Building Code, Chapters 150 and 152 of this Code, and the Ohio Basic Building Code.

   (D)   The Commission, on its own initiative, may file a petition with the Planning Department requesting that the city proceed to take action against any owner who, in the opinion of the majority of the Commission, is in violation of this Historic and Architectural Preservation Code.

(Ord. 8878, passed 3-15-2021)

   (A)   Decisions by the Historic Preservation Commission may be appealed to the Board of Zoning Appeals (BZA) within ten days of receipt of the Commission's decision. No permit or other permit required for the activity applied for shall be issued during the ten-day period or while an appeal is pending.

   (B)   The Board of Zoning Appeals (BZA) shall consider an appeal at a hearing, as provided for in § 150.102, within 60 days of receipt and shall utilize the written findings of the Commission and testimony of the owner in rendering a decision. An affirmative vote of the BZA shall be required to overturn a decision of the Commission. An application, prepared in accordance with BZA procedures, is required, along with the fee as provided in § 35.70. The BZA shall limit its consideration to questions of:

      (1)   Whether the Commission adequately considered hardship issues in making its decision; and

      (2)   Whether the Commission adequately followed the standards and rules set forth in this chapter in making its decision.

(Ord. 8878, passed 3-15-2021; Am. Ord. 9101, passed 6-12-2023)

   (A)   Nothing in this chapter shall prevent the ordinary maintenance of any listed property within a Historic Overlay Zone.

   (B)   Nothing in this chapter shall prevent any change, including the construction, reconstruction, alteration, or demolition of any property within a Historic Overlay Zone, which in the view of the city acting lawfully, is required for public safety because of an unsafe or dangerous condition.

   (C)   Upon determination of the Safety Director, Fire Chief, Health Commissioner, or City Engineer and with the concurrence of the Planning Department, an emergency COA may be issued to demolish a structure where the public health and safety are in immediate danger if the demolition is not permitted.

(Ord. 8878, passed 3-15-2021)

   (A)   The city must consider its Capital Improvements Program, land purchases, and other plans in or proximate to city listed properties, with respect to the purpose and requirements of Chapter 158 and will, whenever feasible, support them and conform thereto.

   (B)   The city administration, via the Planning Department, must notify the Historic Preservation Commission in a timely manner whenever any city department becomes aware of significant activity likely to require Planning Department or Planning Commission review and which is within a designated Historic Overlay Zone.

(Ord. 8878, passed 3-15-2021)

   If any provision of this chapter or the application thereof is held invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared severable.

(Ord. 8878, passed 3-15-2021)