Fremont City Zoning Code
CHAPTER 1169
Historic Preservation Procedures and Standards
1169.01 PURPOSE.
It is the purpose of this Chapter to promote the health, safety, and welfare of the citizens of Fremont by providing for the identification, protection, enhancement, perpetuation and use of areas, places, buildings, structures, and other objects having historical or architectural significance so that the following objectives are achieved to:
(a) To foster civic beauty;
(b) To stabilize and increase property values;
(c) To strengthen the local economy;
(d) To maintain and enhance the distinctive character of historic buildings and areas;
(e) To safeguard the heritage of the City by preserving districts which reflect elements of its history, architecture, archaeology, engineering or culture;
(f) To protect and enhance the City’s attractions to prospective residents, businesses and tourists; and
(g) To facilitate reinvestment in and revitalization of certain older districts and neighborhoods. (Ord. 2020-4053. Passed 1-7-21.)
1169.02 APPLICABILITY.
(a) The general guidelines and requirements of this Chapter shall apply to all development and rehabilitation within historic district overlay districts and designated landmark/sites that requires a certificate of appropriateness pursuant to Section 1169.04: Certificate of Appropriateness, unless otherwise exempted.
(b) Conflicts with Zoning Districts. Zoning districts lying within the boundaries of the Historical District are subject to regulations for both the zoning district and the historic district. If there is a conflict between the requirements of the zoning district and the requirement of the historical district, the more restrictive requirements apply. That which applies to the safety and health of the populace shall take precedent.
(Ord. 2020-4053. Passed 1-7-21.)
1169.03 DESIGNATION AND STANDARDS.
Establishment of Historic Districts and Landmark/Sites. Landmark/sites includes individual properties. Historic district and landmark/sites must be designated or expanded in accordance with the zoning amendment procedures of Chapter 1159: Zoning Text and Map Amendments, except as expressly modified by the provisions of this Section.
(a) Initiating an Historic District Landmark/Site/Nomination. A recommendation for establishing an historic district; landmark/site may be initiated from either of the following two (2) sources:
(1) Based on its survey, the Architectural Review Board may prepare and submit in accordance with this Chapter, historic district; landmark/sites nominations for Council approval. Such nominations shall first be submitted to the Planning Commission for its review and comment. For the purpose of this Chapter, no building/site may be nominated for inclusion in a district or as a historic site unless the owner of that building/site has been notified and given opportunity to review and comment on said nomination. Any owner objecting to an individual site nomination will submit such by certified letter to the Board. Any objection to designation as a Historic District must include objections by fifty-one percent (51%) of all owners affected in said district with a certified letter outlining the objections sent by the owners to the Board.
(2) Owners of property in fee simple wishing to establishing an historic district; landmark/site which includes their property may petition the Board to consider designating said property to be processed as in subsection (a)(1) above.
(b) Preparation of Local Historic District; Landmark/Sites Nominations. In order to establish a local historic district, landmark/site, the Board shall prepare or order to have prepared by the individual(s) petitioning the Board as in subsection (a)(2) above a nomination describing said district or landmark/site and shall consist of two (2) parts:
(1) Physical description; and
(2) A description of historic significance.
(c) Approval of Nominations of Local Historic Districts, Landmark/Sites. Before a local historic district, landmark/site is established and the building classifications take effect, the nomination setting forth its boundaries and building classifications must be submitted to, and approved in an ordinance by the Council. The procedure for doing so shall be as follows:
(1) In accordance with subsection (b) hereof, the Board must take official action deciding whether or not to submit a nomination to Council for its approval.
(2) Prior to taking action at a meeting, the Board shall hold a public hearing to allow public comment. A public hearing may be held separately or in conjunction with the meeting where action on the district is to occur.
(3) A public hearing held by the Board for the purpose of allowing comment on a proposed historic district, landmark/site designation shall be preceded by public notice printed twenty (20) days prior to the hearing.
(4) After taking action at a meeting the Board shall submit the nomination to Council.
(5) Council Resolution to Initiate a Zoning Amendment. Council may adopt a resolution on the submitted nomination to initiate a zoning amendment to establish or expand a historic district or a landmark/site, with referral to the Plan Commission and the Architectural Review Board for review and recommendation in accordance with Chapter 1159: Zoning Text and Map Amendments.
(6) After a decision by Council, the Clerk of Council shall notify the Board and the Zoning Inspector.
(d) Local Historic District, Landmark/Site Criteria. A local historic district, landmark/site shall not be established unless the proposed nomination includes groups of buildings, structures, sites, monuments, streetscapes, or neighborhoods which meet at least one of the following criteria:
(1) Historic:
A. Has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the City, State, Nation; or is associated with the life of a person significant in the past; or,
B. Is the site of a historic event with a significant effect upon society; or,
C. Exemplifies the cultural, political, economic, social, or historic heritage of the community; or,
D. Has significant archaeological value as part of the community’s heritage.
(2) Architecturally worthy:
A. Portrays the environment in an era of history characterized by a distinctive architectural style; or,
B. Embodies those distinguishing characteristics of an architectural or engineering type; or,
C. Is the work of a designer whose individual work has significantly influenced the development of the community; or,
D. Is the work of a designer of such prominence that such work gains its value from the designer’s reputation; or,
E. Contains elements of design detail, materials, or craftsmanship which represent a significant innovation; or,
F. Contains any architectural style, detail, or other element in danger of becoming extinct; or,
G. Owing to its unique location or physical characteristics, represents an established and familiar visual feature of a neighborhood or the City.
(e) National Register Nomination. In the event of a National Register nomination in Fremont initiated by a private individual, the Board will review the documentation and submit a recommendation on the eligibility of the proposed property(s) for the National Register to the State Historical Preservation Office within thirty (30) days.
(f) Effect of Designation. The historic overlay zoning classification may be applied to historic districts or individual landmarks/sites. Once historic overlay zoning is approved, the Zoning Inspector must cause the historic district designation to be shown upon the Official Zoning Map as an overlay without changing the base zoning district or districts.
(Ord. 2020-4053. Passed 1-7-21.)
1169.04 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS.
(a) Certificates of Appropriateness Required: A Certificate of Appropriateness must be issued by the Board before a building permit is issued for, or work is begun on any of the following within all areas of an historic district, landmark/sites:
(1) The demolition of any building;
(2) The moving of any building;
(3) A conspicuous change in the exterior appearance of any historic building or any part of or appurtenance to such a building including walls, fences, light fixtures, steps, paving, and signs by additions, reconstruction, alteration, or maintenance involving exterior color change; or,
(4) A conspicuous change in an archaeological site, i.e., ground disturbing activities affecting the archeological site.
(5) Any new construction of a principal building or accessory building or structure subject to view from a public way; and,
(6) Conspicuous and visible changes within the public right-of-way,
(7) A change in walls and fences, or the construction of walls and fences, along public ways in a primary area of a historic district; or,
(8) A conspicuous change in the exterior appearance of non-historic buildings subject to view from the public way in a primary area of a historic district, by additions, reconstruction, alteration, or maintenance involving exterior color change; or
(9) Any new sign; or
(10) Landscaping performed.
(b) Application for Certificates of Appropriateness: An application for Certificate of Appropriateness may be made in the office of Engineering and Zoning on forms provided by that office and shall be subject to the following requirements:
(1) The Board may adopt, as part of its rules, filing requirements which its finds reasonable and necessary to expedite the business of the Board. These rules may include, but are not limited to, filing deadlines and application requirements such as sketches, drawings, photographs, descriptions, or other information which the Board requires to make a decision.
(2) No fee shall be charged for such application.
(c) Historic Interest Demolition Review Required. Any landmark/site not a part of a historic district or listed on the National Register, must submit demolition plan of a building/site designated by the Board as part of historic interest before a demolition permit is issued. The Board must review demolition plans within ten (10) days from date of demolition request.
(d) Approval or Denial of Certificate of Appropriateness. The Board may approve Certificates of Appropriateness for any actions covered by this Chapter.
(1) If an application for a Certificate of Appropriateness is approved by the Board or is not acted on by the Board within forty-five (45) days after it is filed, a Certificate of Appropriateness shall be issued after which required permits and work may proceed as authorized by the Certificate of Appropriateness.
(2) If the Board denies an application for a Certificate of Appropriateness within forty-five (45) days after it is filed, the Certificate may not be issued. In this case, the Board must state its reasons for the denial in writing and advise the applicant.
(3) The Board may grant an extension of the forty-five (45) day limit prescribed by subsection (d)(1) and (d)(2), if the applicant agrees to it.
(4) The Board may advise and make recommendations to the applicant before acting on an application for a Certificate of Appropriateness.
(5) If the Board approves an application for a Certificate of Appropriateness, that Certificate of Appropriateness will be valid for a period of one (1) year from the date it is issued.
(e) Appeals Process.
(1) Any person affected by any notice and order issued in connection with an application for a Certificate of Appropriateness may request and shall be granted a hearing of the matter before City Council. Such person shall file in the office of the Zoning Inspector a written request for such hearing and shall set forth the name, address and phone number of the appellant and a brief statement of the grounds for such hearing and appeal from any notice or order of the Architectural Review Board.
(2) Requests shall be filed within ten calendar days after the notice and order is served. Upon receipt of such request, the Council Chair shall set a time and place for such hearing before Council and shall give the appellant written notice thereof at least fifteen (15) days prior to said hearing date. The hearing shall be held within forty-five (45) days after a request has been filed.
(3) At any hearing of City Council, the appellant shall be given an opportunity to be heard and to show cause why such notice and order should be modified or dismissed. The failure of the appellant or designated representative to appear and present the appellant’s position at such hearing shall be grounds for dismissal of such request.
(4) Upon hearing, Council by a three-fourths (3/4) vote of its members, may amend, modify, or overrule the decision of the Architectural Review Board. The appellant and the Architectural Review Board shall be notified in writing of such findings.
(f) Review Guidelines. In reviewing Certificate of Appropriateness applications, the Board shall follow the U.S. Secretary of Interior's Standards for Rehabilitation and guidelines for rehabilitating historic buildings as set forth in 36 C.F.R. part 67, unless the Board adopts design guidelines of its own. The Board shall make reasonable efforts to guide owners in preserving historic architectural character in a cost-effective manner.
(Ord. 2020-4053. Passed 1-7-21.)
1169.05 MAINTENANCE STANDARDS.
(a) Conformance to Statutory Requirements of Buildings. Historic buildings shall be maintained to meet all applicable requirements established under statute for buildings generally. All the characteristics of a district existing at the time the district was approved must be maintained unless changes are approved by the Board.
(b) Ordinary Repairs and Maintenance. Nothing in this Chapter shall be construed so as to prevent the ordinary repairs and maintenance of any building, structure, or site provided that such repairs or maintenance do not result in a conspicuous change in the design, form, proportion, mass, configuration, building material, texture, color, location, or external visual appearance of any structure, or part thereof. (Ord. 2020-4053. Passed 1-7-21.)
1169.06 DEFINITIONS.
When used in this Chapter, certain words, or terms shall be interpreted as follows:
(a) “Alteration” Any act or process that changes one or more of the exterior architecture features of a building or structure, including but not limited to the erection, construction, reconstruction, or removal of the building or structure.
(b) “Addition” 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) “Certificate of Appropriateness” A certificate issued by the Architectural Review Board indicating that a proposed change, alteration or demolition of a historic building or structure or within a historic site or district, is in accordance with the provisions of this Chapter and local design guidelines.
(d) “Change” Any alteration, demolition, removal or construction involving any property subject to the provisions of this Chapter.
(e) “Construction” The act of constructing an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
(f) “Demolition” Any act or process that destroys in part or in whole any building or structure.
(g) “Architectural Review Board” Means the Architectural Review Board of the City of Fremont Ohio.
(h) “Historic District” Any area designated by ordinance of the City Council which may contain within definable geographic boundaries, buildings, structures or sites of historic, architectural or archaeological significance.
(i) “Historic Structure” Any building or structure which has historic, architectural or archaeological significance and has been so designated according to the provisions of this Chapter. The significance of a property to the history, architecture, archaeology, engineering, or culture of a community, state, or the nation. It may be achieved in several ways:
(1) Association with broad pattern of our history, events, activities, or patterns;
(2) Association with important persons;
(3) Distinctive physical characteristics of design; construction, or form; and
(4) Potential to yield information important in history or prehistory (archaeology).
(j) “Landmark” Any building, structure or archaeological site that has been designated as a “landmark” by ordinance of the City Council, pursuant to procedures proscribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archaeological significance.
(k) “Owner” the owner or owners of record.
(l) “Preservation” The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
(m) “Reconstruction” The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
(n) “Rehabilitation” The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features, which convey its historical, cultural, or architectural values.
(o) “Restoration” The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
(Ord. 2020-4053. Passed 1-7-21.)