Lima Village City Zoning Code
ARTICLE XI
Historic Preservation Overlay District
§ 185-50 Purpose and intent.
A.
Purpose. As Lima has many significant historic, architectural and cultural resources, which constitute its heritage, this section is intended to:
(1)
Promote the protection and enhancement of the historic buildings, sites, and districts, which represent distinctive elements of Lima's historic, architectural, and cultural heritage as well as archaeological sites;
(2)
Foster civic pride in the accomplishments of the past;
(3)
Protect and enhance Lima's attractiveness to visitors and the support and stimulus to the economy thereby provided;
(4)
Ensure the harmonious, orderly, and efficient growth and development of the Village.
B.
The Historic Preservation Overlay District is intended to provide an additional advisory review for projects located in or near historically significant districts or sites.
C.
The Historic Preservation Overlay District procedures are intended to be imposed in addition to those of the underlying zoning district.
§ 185-51 Boundaries.
The boundaries of the Historic Preservation Overlay District are depicted on the Village Zoning Map and shall include the Downtown Business District, all parcels adjacent to East and West Main Streets, and land located within 100 feet of the property line of any building or site listed in the National Register of Historic Places.
§ 185-52 Establishment of lima historic preservation commission.
There is hereby created a joint commission to be known as the Town and Village of Lima Historic Preservation Commission.
A.
The Commission shall consist of five members and two alternates, to be appointed jointly by the Town Board and the Village Board. All members shall have a known interest in historic preservation and architectural development within the Town and Village of Lima. To the extent available in the community, members shall be appointed as follows:
(1)
At least one shall be an architect experienced in working with historic buildings;
(2)
At least one shall be a historian;
(3)
At least one shall be a resident of a historic district;
(4)
At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and
B.
Commission members shall serve for a term of five years, with the exception of the initial term of one of the five members which shall be one year, one which shall be two years, one which shall be three years, and one which shall be four years. Alternate members shall serve for a term of three years, from the time of appointment.
C.
The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Reviewing and providing advisory comments on applications for development permits submitted to the Code Enforcement Officer, Planning Board or Zoning Board of Appeals for projects located within the Historic Preservation Overlay District, except that maintenance and repair work that replaces existing materials with same (like and kind materials) does not require referral to the HPC.
(2)
Employment of staff and professional consultants as necessary to carry out the duties of the Commission, as funds for such work may be budgeted by the Town Board and/or the Village Board of Trustees;
(3)
Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Village and town;
(4)
The making of recommendations to the town and Village government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this act;
(5)
Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;
(6)
Making recommendations to Town and Village government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town and Village of Lima;
(7)
Recommending acquisition of a landmark structure by the Town and Village government where its preservation is essential to the purposes of this section and where private preservation is not feasible; and
E.
The Commission shall meet at least six times per calendar year, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chairman or the Supervisor.
F.
A quorum for the transaction of business shall consist of three of the Commission's members.
§ 185-53 Procedures for referral to Historic Preservation Commission.
A.
Any application for a building permit, variance, special permit, or site plan review within the Historic Preservation Overlay District shall be referred to the Historic Preservation Commission for an advisory opinion if the proposed development or redevelopment consists of new construction, structural alterations or facade alterations. Maintenance and repair work that replaces existing materials with same (like and kind materials) shall not require referral (i.e., roof replacement).
B.
Within 30 days of receiving the materials, the Historic Preservation Commission shall review the proposal and submit its report to the CEO, the Zoning Board of Appeals, or the Planning Board. Additional time may be permitted upon mutual agreement of the applicant, the CEO, the ZBA or the Planning Board, and the Historic Preservation Commission.
C.
All advisory recommendations of the Commission shall be in writing. A copy shall be filed with the Village Clerk's Office for public inspection.
§ 185-54 Criteria for advisory recommendations.
A.
In advising the CEO, Planning Board, or the Zoning Board of Appeals regarding the potential impact of a project on a historic resource, the Historic Preservation Commission shall not consider changes to interior spaces.
B.
The Commission's recommendations shall be based on the following general principles:
(1)
Properties which contribute to the character of a historic district shall be retained, with their historic features altered as little as possible;
(2)
Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and
(3)
New construction shall be compatible with the district in which it is located.
C.
In applying the principle of compatibility, the Commission shall consider the following factors:
(1)
The general design, character and appropriateness to the property of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
(3)
Texture, materials, and color and their relation to similar features of other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback;
(5)
The importance of historic, architectural or other features to the significance of the property.