(a)   The purposes of this chapter are:

      (1)   To stabilize and increase property values;

      (2)   To strengthen the local economy;

      (3)   To protect, preserve and enhance the distinctive architectural and cultural heritage of historic buildings and historic areas in the Village of Jefferson;

      (4)   To foster civic pride in the beauty of the historic preservation district;

      (5)   To seek alternatives to demolition or incompatible alterations within designated areas and to listed properties before such acts are performed;

      (6)   To afford the widest possible scope of continuing vitality and architectural creativity within appropriate controls and standards;

      (7)   To encourage development of vacant properties that is compatible with local historic character;

      (8)   To protect the property right of owners whose property lies within a designated historic preservation district; and

      (9)   To protect and enhance the village's attractions to prospective residents, businesses and tourists.

   (b)   The requirements of this chapter must be met in addition to the established requirements and standards of the Zoning Ordinance, and other applicable ordinances of the village.

   (c)   Where conflicts exist between requirements of this chapter and other ordinances adopted by Council, the most strict interpretation shall apply and thereby supersede the less strict requirements.

(Ord. 2803, passed 5-3-10)

   When used in this chapter, certain words, or terms shall be interpreted as follows:

(Ord. 2803, passed 5-3-10)

   There is hereby established a Design Review Board which shall consist of five members appointed by the Mayor and confirmed by Council for staggered five year terms. At start up: one will be appointed to a one-year term, one to a two-year term, one to a three-year term, one to a four-year term, and one to a five-year term. Each member will be appointed thereafter to five-year terms so one opening will occur each year requiring the appointment of one member to a new five-year term and subject to the following:

   (a)   The members of the Design Review Board shall have, to the highest extent possible, a demonstrated knowledge, experience, or interest in architecture and/or historic preservation. Members must possess a determination to work for the overall improvement of the quality of the physical environment of the village.

   (b)   The Board members should include, if at all possible, the following: one downtown building owner, one Village Council member, one Planning Commission member and two members of the community who are preservation-related professionals such as architects, historians or planners with interest in preserving the historic integrity of the village. Any Board member may possess one or more of these qualifications at the same time.

   (c)   The members of the Board shall be village residents, property owners, or business owners; however it is recognized that it may not be possible to find residents who possess the other qualifications.

   (d)   Vacancies shall be filled within 60 days for the remainder of any unexpired terms in the same manner as the original appointments and confirmations.

   (e)   The Mayor, or the Mayor's designee, shall serve as ex officio member of the Design Review Board.

(Ord. 2803, passed 5-3-10; Ord. 2883, passed 12-5-11)

   (a)   The Design Review Board shall organize and adopt rules consistent with this chapter. The Board shall set a regular meeting time to hold meetings to discuss its business as necessary, provided that the Board shall meet not less than once per quarter. All meetings shall have previously announced agendas and be held in a public place, advertised in advance and open to the public.

   (b)   Three members of the Board shall constitute a quorum; however, a minimum of three members shall be required to cast an affirmative vote to take official actions.

   (c)   No voting member of the Design Review Board or advisor to the Board shall participate in the review of any item for discussion before such Board if such member or advisor has any direct financial interest in the property involved in such discussion.

   (d)   The Mayor shall appoint a village employee to serve as secretary of the Board. The secretary shall keep, or cause to be kept, a complete record of all decisions and actions of the Board including the reasons for making these. In addition, the secretary shall prepare an annual report of Board activities, cases, decisions, special projects and qualifications of its members.

   (e)   All rules and procedures, agendas, records, minutes, and annual reports shall be kept on file and available for review.

(Ord. 2803, passed 5-3-10)

   In addition to those powers and duties otherwise specified in this chapter, the Design Review Board shall:

   (a)   Establish and use written guidelines for the conservation of contributing properties, Local Historic Properties and Historic Preservation Districts in acting on applications for Certificates of Appropriateness. The written guidelines shall be based on the Design Review Standards set forth in § 1262.09.

   (b)   Conduct or cause to be conducted a continuing survey(s) of historic and cultural resources within the village, according to guidelines and process approved by the Ohio Historic Preservation Office, hereinafter sometimes referred to as OHPO.

   (c)   Maintain a detailed inventory of the designated contributing properties, Local Historic Properties and Historic Preservation Districts. Allow the inventory material to be accessible to the public; however, access to archaeological site locations may be restricted. Maintain all inventory items on Ohio Historic or archaeological inventory forms compatible with OHPO's computerized inventory. The inventory material will be available through duplicates or digital images to the Ohio Historic Preservation Office. Inventory/forms or forms shall be updated periodically to reflect changes, alterations, and demolitions.

   (d)   Make recommendations to Council for designation of contributing properties, non- contributing properties, Local Historic Properties and Historic Preservation Districts.

   (e)   Advise village officials and departments regarding protection of local historic resources.

   (f)   Act as a liaison on behalf of the village government to individuals and organizations concerned with historic preservation.

   (g)   Work toward the continuing education of citizens regarding historic preservation issues and concerns.

   (h)   Conduct or encourage Design Review Board members to attend educational sessions at least once a year, or in-depth consultation with the Ohio Historical Preservation Office, pertaining to work or functions of the Design Review Board, or historic preservation issues.

   (i)   Undertake additional responsibilities upon mutual written agreement between the OHPO and the village. A written agreement will address what duties are to be performed, what staff assistance is needed to perform the work and what level of activity in each area of responsibility will be maintained. All delegated responsibilities must be at no charge to the OHPO.

   (j)   Seek expertise before reaching a decision when considering a National Register nomination and other like actions which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the Board. The Board may seek assistance of academic or consulting archaeologists.

(Ord. 2803, passed 5-3-10; Ord. 2883, passed 12-5-11)

   Any building in the village 50 years old or which becomes 50 years old and has significant architectural features shall be considered eligible for designation as a contributing property or Local Historic Property and/or inclusion in a Historic Preservation District in accordance with the following:

   (a)   The Design Review Board may recommend property within the village to Council for designation as a contributing property or Local Historic Property and, possibly, to be part of a Historic Preservation District. Any property owner, organization or interested individual may apply to the Board for such designation. In determining whether or not to designate such place, building, structure, archaeological site, work of art or object as a historical listed property, the Board shall consider the following criteria with respect to such item:

      (1)   Its character, interest or value as part of the development, heritage or cultural characteristics of the village, the State of Ohio or the United States.

      (2)   Its location as a site of a significant historic or archaeological event.

      (3)   Its identification with a person or persons who significantly contributed to the culture and development of the village.

      (4)   Its exemplification of the cultural, economic, social or historic heritage of the village.

      (5)   Its embodiment of distinguishing characteristic of an architectural type or specimen.

      (6)   Its identification as the work of an architect or master builder whose individual work has influenced the development of the village.

      (7)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.

      (8)   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.

      (9)   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the village.

      (10)   Its status as either a contributing or non- contributing property.

   (b)   Prior to designation, the Design Review Board shall notify, in writing, property owners of any proposed designation and/or proposed district(s), as appearing on the Ashtabula County Auditor's current tax list, and hold a public hearing. Notification of such hearing shall be published at least ten days in advance of such hearing, in paper of general circulation in the village. The Board shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Board may adopt for the purpose of governing the proceedings of the hearings.

   (c)   The Board shall make a determination with respect to the proposed designation within 30 days after the initial consideration of a completed application. The Board shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit the recommendation concerning the proposed designation to Council.

   (d)   Within 30 days after receiving the recommendation of the Design Review Board, Village Council shall render its decision regarding the proposed designation, giving due consideration to the findings and recommendations of the Design Review Board, to the owner's written comments and to the public hearing comments.

   (e)   After a decision by the Village Council, the Clerk of Council shall provide written notice to any owner or any person having a legal or equitable interest in the property. If the Council decides to designate a property as a contributing property or Local Historic Property and/or the creation of a Historic Preservation District, it shall transmit an ordinance implementing its designation and/or district creation to the Planning Commission for its consideration as a proposed amendment to the Village Zoning Code. The Council will consider the adoption of the proposed ordinance in accordance with the statutory requirements governing proposed zoning code amendments. If the proposed ordinance is adopted, the Design Review Board shall notify any appropriate county or state offices after a designation is approved.

(Ord. 2803, passed 5-3-10)

   (a)   A Certificate of Appropriateness must be obtained prior to commencing new construction, reconstruction, rehabilitation, restoration or any other modification, alteration, replacement, or visible changes to the exterior of any building or structure, or other visible improvements, or demolition which has been designated a contributing property or Local Historic Property or located within a Historic Preservation District. Other visible improvements may include exterior elements such as fences, signs, awnings, balconies, shutters, and satellite dishes.

   (b)   No Zoning Certificate or Building Permit shall be issued by the Administrator for any construction, reconstruction, rehabilitation, restoration, or demolition of any structure in a Historic Preservation District, unless a Certificate of Appropriateness has been issued.

   (c)   A Certificate of Appropriateness shall not be required in the case of normal and customary building maintenance activities or to paint an architectural feature or other visible exterior improvement, provided such activities do not render the structure concerned incompatible with the standards of this chapter.

   (d)   Nothing in this chapter shall prevent a property owner from making emergency repairs to the exterior of a property where such repairs are necessary for the preservation of the structure and not caused by the neglect of the property owner.

(Ord. 2803, passed 5-3-10)

   (a)   The application for the Certificate of Appropriateness shall be made on such forms as prescribed by the Administrator, along with such plans, drawings, specifications and other materials as may be needed by the Design Review Board to make a determination. At a minimum, such information shall include the following:

      (1)   The required submittal information for a Zoning Certificate as set forth in § 1244.02(b).

      (2)   Six color photographs 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 improvement(s) to be changed.

      (3)   Six sketches of the proposed changes to each exterior wall or of the proposed additions or changes to landscaping, plantings, fences and/or other visible exterior improvements, 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 the proposed colors, proposed materials to be used, and all related information fully describing the proposed modifications and additions.

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

   (b)   Applications for Certificate of Appropriateness shall be filed with the Administrator at least 15 days prior to the meeting of the Design Review Board.

   (c)   A non-refundable fee of $25 shall be paid to the village for each application for a Certificate of Appropriateness. No application shall be deemed complete unless accompanied by the proper fee.

   (d)   The Administrator shall transmit the application to the Design Review Board seven days prior to meeting.

   (e)   The applicant or his representative or agent will be notified of the meeting date and time at which action on the application is to occur.

   (f)   The Design Review Board shall make its decision approving, denying, or denying with proposed modifications, the application submitted to it within 30 days after the application was first considered by such Board at a regular or special meeting. All decisions by the Board shall be made in a public forum and applicants shall be given written notification of decisions. Any denial shall be based upon failure to comply with the applicable design review standards of § 1262.09 and shall describe the basis for the finding of such Design Review Board of such non-compliance.

   (g)   After action on the application by the Design Review Board, the Administrator shall inform the applicant of the decision in writing.

   (h)   Any person aggrieved by the decision of the Design Review Board may file an application for variance or appeal the decision to the Board of Zoning Appeals in the same manner an appeal or request for variance is processed according to § 1244.01. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal to the Court of Common Pleas of Ashtabula County for relief in accordance with R.C. Chapter 2506.

(Ord. 2803, passed 5-3-10)

   The applicable design review standards shall be as follows:

   (a)   The standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

      (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 historical 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 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 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.

(Ord. 2803, passed 5-3-10)

   (a)   Demolition is strongly discouraged unless the structure lacks historic integrity. If the Board makes a finding that a building is a contributing property or a Local Historic Property, alternatives to demolition should be investigated for up to 180 days before making a decision including, but not limited to:

      (1)   Consultation with civic groups, public agencies and interested citizens;

      (2)   Recommendations for acquisition of the property by public or private bodies;

      (3)   Exploration of the possibility of moving one or more structures or other features.

   (b)   Before a Certificate of Appropriateness is issued for demolition, the applicant shall provide information concerning proposed redevelopment of the site and the Design Review Board shall review such proposal for compliance with the Design Guidelines.

(Ord. 2803, passed 5-3-10)

   Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any designated historic property within the Historic Preservation District, provided such work involves no change in material, design, texture, color, or exterior appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the Administrator is required for the public safety because of an unsafe, insecure or dangerous condition.

(Ord. 2803, passed 5-3-10)

   Any applicant aggrieved by any decision of the Design Review Board may appeal the decision to the Board of Zoning Appeals within 20 days after the decision and in accordance with the provisions of the Zoning Code.

(Ord. 2803, passed 5-3-10)

   (a)   Any person violating the provisions of this chapter by failing to perform any act required by this chapter or performing any act which is prohibited by this chapter shall be guilty of a minor misdemeanor and upon conviction thereof shall be fined not less than $50 nor more than $100 for each offense. Every day on which a violation exists shall constitute a separate violation and a separate minor misdemeanor.

   (b)   Any person who demolishes, alters or constructs a building or structure in violation of this chapter shall be required to restore the building or structure and its site to its appearance prior to the violation. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(Ord. 2803, passed 5-3-10)

   If any provisions of this chapter or the application thereof are held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications 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. 2803, passed 5-3-10)

   The Village of Jefferson hereby adopts the Jefferson Village Design Guidelines (“the Guidelines”), draft dated November 9, 2012, as binding rules that shall apply to all covered buildings as provided for in Chapter 1262 of this Planning and Zoning Code. A copy of those Guidelines is attached to Resolution 2939 as Exhibit A and incorporated herein by reference.

(Res. 2939, passed 4-15-13)