City Council hereby declares as a matter of public policy that the protection, enhancement, and perpetuation of landmarks, historic districts, and conservation districts is necessary to promote the economic, cultural, educational and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as the City of Middletown has many significant historic, architectural, and cultural resources which reflects its heritage, this act is intended to:

   (a)   Protect and enhance the historic landmarks, historic districts, and conservation districts which represent distinctive elements of Middletown's historic, architectural, and cultural heritage;

   (b)   Foster civic pride in the accomplishments of the community in the past;

   (c)   Stabilize and improve property values of designated landmarks, neighborhoods, and districts;

   (d)   Protect and enhance Middletown's attractiveness to visitors, tourism, and the support and stimulus to the economy thereby provided;

   (e)   Insure the harmonious, orderly, and efficient growth and development of Middletown affording the widest possible scope of continuing vitality through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which the City's historic areas may continue to exist as living, changing commercial and residential areas, not static museums;

   (f)   Encouraging development of vacant and incompatibly developed properties in accordance with the character of the area;

   (g)   Providing preservation information and advice to property owners and the general public;

   (h)   Maintaining and enhancing the distinctive character of historic buildings and areas;

   (i)   Safeguarding the heritage of the City by preserving districts which reflect elements of its history, architecture, archaeology, engineering or culture; and

   (j)   Provide a review process for the continued preservation and protection of Middletown's historic resources.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020; Am. Ord. O2020-47, passed 10-6-2020)

   (a)   Proposals to designate or expand historic districts, conservation districts, or designate historic landmarks may be initiated by the Historic Commission, a property owner or by motion of Planning Commission or City Council. Proposals initiated by property owners, Planning Commission or Council shall be referred to the Historic Commission for recommendation and initiation of the formal designation process.

   (b)   Proposals to designate or expand a historic district or conservation district shall be submitted with a rezoning application as well as the information listed below. Proposals to designate a historic landmark shall include, at a minimum, the following additional information:

      (1)   Evidence of property owner interest in landmark designation or location within the proposed historic district.

      (2)   A boundary description.

      (3)   An inventory of historic resources.

      (4)   A description of the architectural and historical significance of properties within the proposed boundaries, including photo documentation of unique elements and also those that are stereotypical of the architectural style.

      (5)   A map or description of existing zoning.

   (c)   In considering any area, place, structure, work of art or similar object in the City as a historic site, historic district, or conservation district, the Historic Commission shall apply the following criteria:

      (1)   The structure or site or area's character, value, or significance as part of the development of the City, the State, or the United States;

      (2)   Its location as a site or area of a significant historic event;

      (3)   Its identification with a person who significantly contributed to the development of the City;

      (4)   Its embodiment of distinguishing characteristics of an architectural style or type;

      (5)   Its exemplification of the cultural, economic, social or political heritage of the City;

      (6)   Its relationship to other distinctive areas or structures designated for preservation;

      (7)   Its unique location or singular physical characteristic representing an established and familiar feature of the City; and

      (8)   Its inclusion of prehistoric and/or historic archaeological sites or other important representations of previous cultures.

         A.   The Historic Commission shall advise the Development Code Administrator of the proposed designation and secure from the Development Code Administrator a recommendation with respect to the relationship of the proposed designation to the Master Plan of the City and any applicable Historic Preservation Plan.

         B.   The Development Code Administrator shall give an opinion as to the effect of the proposed designation upon the surrounding neighborhood and an opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with a recommendation of approval, rejection, or modification of the proposed designation.

         C.   Such recommendation shall be submitted in written form by the Historic Commission, along with its recommendation concerning the proposed designation.

         D.   The Historic Commission shall make a decision whether to proceed with the designation review based on the recommendation of the Development Code Administrator.

         A.   If the Historic Commission decides to proceed with designation, the Development Code Administrator shall notify the owner of all properties under consideration for designation. For the purpose of designation or expansion of a group or district, notice shall be published on the City's webpage and shall be mailed or otherwise distributed to each owner of real property located within such group or district. Whenever possible, the Historic Commission shall secure the owner's written consent for submittal of the proposed designation, together with its recommendation of findings of fact.

         B.   The Historic Commission shall make a recommendation concerning the designation of the property to the City Council. Once the proposal to establish or expand a preservation district or to designate an individual property or structure as a historic landmark has been reviewed, the Historic Commission shall schedule a public hearing. The public hearing shall not be more than 30 calendar days after such a proposal is submitted. Notice of the public hearing shall be given according to the following:

            1.   The Historic Commission shall give the owner(s) not less than 14 calendar days' written notice of the date, time and place of such hearing.

            2.   Notice of the public hearing shall be given to at least one or more newspapers of general circulation in the City. The notice shall be published at least ten calendar days before the date of the hearing.

            3.   Notices 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. Failure of delivery of such notice shall not invalidate any such amendment.

            4.   The original application, all comments and additional considerations presented at the public hearing, and the recommendation of the Historic Commission shall be forwarded to the City Council for its consideration.

         A.   The Historic Commission shall conduct the public hearing as provided and shall provide an opportunity for all interested parties to express their opinions.

         B.   The Commission shall determine if any or all of the criteria listed in this section have been met.

         C.   The Commission shall then make a recommendation regarding the proposed designation, in writing, within 30 days after the initial hearing date and shall notify the owner or any person having a legal interest in such property, as well as other interested parties who request a copy.

         D.   The Historic Commission shall state in its recommendation findings of fact that constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation to the Middletown City Council.

         A.   The City Council shall give due consideration to the findings and recommendations of the Historic Commission, input provided by the persons participating in the public hearing before the Historic Commission, in addition to the recommendation of the Development Code Administrator, in making its determination with respect to the proposed designation of any areas, places, structures, works of art or similar objects as historic sites or historic districts.

         B.   The City Council may, at its discretion, hold public hearings on any such proposed designation, whether such designation is proposed with the consent of the owner or after public hearings before the Historic Commission. The City Council may then designate by ordinance areas, places, structures, works of art, or similar objects as historic sites, historic districts, or conservation districts.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020; Am. Ord. O2020-47, passed 10-6-2020)

      (1)   Deterioration of exterior walls or other vertical supports;

      (2)   Deterioration of roofs or other horizontal members;

      (3)   Deterioration of exterior chimneys;

      (4)   Deterioration of exterior stucco, siding, trim, brick, stone or mortar, including chipping or peeling paint;

      (5)   Ineffective waterproofing of exterior walls, roofs, roof drainage systems, foundations, including broken or damaged windows and doors;

      (6)   The accumulation of rubbish and debris;

      (7)   Any condition as to cause fire or explosion or to provide a ready source of fuel to augment the spread or intensity of fire or explosion arising from any cause; and

      (8)   Failure to adequately secure a building or structure to prevent vandalism or destruction of a property.

      (9)   All other provisions of the City’s codified ordinances regarding maintenance of property.

      (1)   The Historic Commission shall have the authority to direct the Development Code Administrator, in conjunction with the Chief Building Official, to investigate and inspect, any building which, in its opinion, may be a substandard historic building in accordance with this section.

      (2)   The Development Code Administrator and the Chief Building Official shall also have the authority to investigate and inspect, any building which, in its opinion, may be a substandard historic building in accordance with this section.

      (3)   Any investigation and inspection shall take place within 30 calendar days of an initial notification from the Historic Commission or identification by the Development Code Administrator or Chief Building Official.

      (4)   After an inspection, the Development Code Administrator shall relay their findings to the Historic Commission. If after inspection it is found that such building is substandard, the Development Code Administrator shall give written notice to the Historic Commission and owner of record or person responsible for the property stating in what respects the building is substandard, and setting forth the repairs, alterations or improvements to such building required to correct such substandard conditions or preserve the building, and a reasonable period of time in which the required work shall be done. If unable to effect such notice in writing upon the owner of record or person responsible for the property, notice shall be posted on the premises.

      (5)   Such notices shall also inform the owner or person responsible that the Development Code Administrator's and Chief Building Official's findings will be subject to appeal as provided in the notice.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020; Am. Ord. O2020-47, passed 10-6-2020)

   An order of the Historic Commission shall bear the same consequence as if issued by the Development Code Administrator. The findings and orders of the Historic Commission shall be transmitted to the owner or person responsible for the affected building not later than 30 days following the date of the hearing and decision. The owner or person responsible will be notified according to § 1226.02 of the Development Code.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020)

   (a)   If the owner or person responsible for the affected property fails to comply with a final order to repair, alter, preserve or improve property, such property is hereby declared a public nuisance and the Development Code Administrator and the Chief Building Official, by such means and with such assistance as may be available to them, are hereby authorized and directed to cause such property to be repaired, altered or improved to achieve compliance with this code.

   (b)   Regarding any property that is unoccupied or vacant, the Chief Building Inspector, upon review may, where appropriate and necessary, order the following:

      (1)   That service of water, gas or electricity be terminated;

      (2)   That all accumulations of flammable or combustible rubbish or debris be removed from the premises by the owner or person responsible for the building;

      (3)   That all windows, doors and other openings in such buildings be locked, barricaded or otherwise secured by the owner or person responsible for the building.

      (4)   Where the City incurs costs to abate public nuisances and gain compliance with Chapter 1210, the City shall charge the owner of the property, who failed to comply with the notices and/or orders issued in accordance with this section, an amount equal to the total cost for compliance, as defined in R.C. § 715.261. The total cost will include an administrative processing fee. The City may either:

         A.   Seek and recover judgment against the owner for the costs of the actions necessary to gain compliance and abate the nuisance, including a penalty of two and one-half time the total cost; or

         B.   Certify the total cost of said abatement, including the cost of service or publication of notice, by the Clerk of City Council to the County Auditor to be placed on the tax duplicate as a lien upon the premises, to be collected as other taxes and returned to the City, as provided in R.C. § 715.261. The total cost will include an administrative processing fee.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020; Am. Ord. O2023-80, passed 9-19-2023)

   (a)   The demolition of an historic landmark designated by the Historic Commission shall not be permitted unless one of the following conditions exist:

      (1)   Demolition has been ordered by the Development Code Administrator or Chief Building Inspector for public safety because of an unsafe or dangerous condition that constitutes an emergency;

      (2)   The owner demonstrates that the historic landmark is either not habitable or otherwise not safe, the repair, rehabilitation or restoration of the property is not economically feasible and the property's condition did not result from damage which has been purposefully caused to the property, or allowed to occur due to the gross neglect of the owner with the intention of making the restoration of the property not economically feasible. For purposes of this section, "economically feasible " means that the costs of the repair, rehabilitation or restoration of an historic landmark, when combined with the cost of the land, do not exceed the fair market value of the real property after the repair, rehabilitation or restoration of the historic landmark has been completed. No permit to demolish will be permitted under this division (a)(2) or (a)(3) hereof unless the owner or owner's representative obtains final approval from the Historic Commission for the structure which will replace the structure to be demolished;

      (3)   The owner demonstrates to the satisfaction of the Historic Commission that denial of the demolition is inconsistent with a legitimate interest in the health, safety and welfare of the City; or

      (4)   The demolition request is for an inappropriate addition or a portion of a structure that is not historically significant, and, the demolition will not adversely affect those parts of the structure that are significant as determined by the Historic Commission.

   (b)   Whoever constructs, reconstructs, or alters any exterior architectural feature within the historic district without a Certificate of Appropriateness shall be required to restore and reconstruct such features in full detail.

   (c)   No historic landmark may be moved from its current location unless the Historic Commission determines that the moving of the property will not materially and adversely impact the historical character of the building or structure or other historic landmarks in proximity to the subject historic landmark.

   (d)   Appeal for denied demolition and alteration.

      (1)   Application for demolition. An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. Substantial hardship does not include an applicant's inability to maximize return on his or her investment. Deterioration of a historic property due to neglect by its owner does not create the basis of finding of hardship.

         A.   In order to prove the existence of hardship, the applicant must establish that:

            1.   The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and

            2.   The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

            3.   Efforts to find a purchaser interested in acquiring the property and preserving it have failed. Efforts must be proven by different methods of documentation.

      (2)   Application for alteration. An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship the applicant shall establish that the property is incapable of earning a reasonable return regardless of whether that return represents the most profitable return possible.

      (3)   To prove economic hardship the applicant shall submit sufficient information to enable the Historic Commission to make an accurate assessment of economic conditions affecting the application. In considering cases of economic hardship the Commission may solicit expert testimony or request that the applicant submit any items it needs, including but not limited to the items below. The level of documentation may vary as appropriate to each case; however, the Commission's assessment shall be based solely on the property's economic fundamentals and not the financial capacity of the owner.

         A.   Documentation on alternative uses and potential economic return they will earn could include, but is not limited to, the following:

            1.   Estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the continued use of the property and the issued Certificate of Appropriateness;

            2.   A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation including any evidence that deterioration has progressed to the extent that rehabilitation is not practical;

            3.   Estimated market value of the property in its current condition; after completion of the proposed development, alteration, demolition or removal, and after changes recommended by the Historic Commission for the renovation of the existing property for continued use;

            4.   Testimony from a third party architect, developer, appraiser, or other real estate professional experienced in rehabilitation or reuse of existing buildings on the property taking into consideration any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical.

         B.   Documentation on the current economic return on the property could include, but is not limited to the following:

            1.   The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the historic property was purchased;

            2.   If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;

            3.   Real estate taxes from the previous two years and assessed value of the property according to the most recent assessed valuation;

            4.   All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

         C.   Documentation if property is not able to be sold, considered in relation to any listings of the property for sale or rent, price asked, and offers received, if any, within the two previous years, could include, but is not limited to, testimony and relevant documents regarding:

            1.   Any real estate broker or firm engaged to sell or lease the property;

            2.   Reasonableness of the price or rent sought by the applicant;

            3.   Any advertisements laced for sale or rent of the property;

            4.   Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

            5.   All purchase offers that were rejected during period of sale.

      (4)   Hardship application procedure.

         A.   After receiving written notification from the Historic Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process. No building permit, demolition permit or zoning permit shall be issued unless the Commission makes a finding that a hardship exists.

         B.   The applicant must file an application in writing to the Development Code Administrator outlining the reasons for the hardship request.

         C.   The Historic Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.

         D.   The applicant shall consult in good faith with the Historic Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. The Commission may impose a waiting period not to exceed 60 days in order to seek alternatives prior to making a decision regarding an application for alteration and not to exceed six months for an application for demolition. During the waiting period, the Commission and the applicant shall undertake continuing discussions for the purpose of finding a means to preserve the structure, site or area involved or explore other alternatives for requested alteration of structures.

         E.   If the Historic Commission and the applicant cannot agree on a means of preserving the structure through a demolition hardship appeal, within 90 days after the start of the waiting period, the Development Code Administrator shall request that the Planning Director obtain approval and the Director shall have the authority to order necessary appraisals of the market value of the land and structures, if any, comprising the real estate on which the proposed demolition is to be done. The appraisal shall then be referred to the City Manager who shall, within 15 days after the designated six-month waiting period, transmit the application, the appraisals, his recommendation relative to the advisability of immediately purchasing such real estate and the status of the fund from which the purchase money is to be appropriated, to the City Council.

         F.   Within 30 calendar days of the receipt of the application and the report of the City Manager, the City Council shall determine whether or not the immediate acquisition of such property is in the best interest of the public. In the event of an affirmative decision, the City Council shall direct the City Manager to take the necessary steps for immediate acquisition. In the event of a negative decision, the City Council shall either direct the issuance of a Certificate of Appropriateness, in accordance with applicable law, or, on the basis of the public's best interest, deny the certificate.

         G.   All decisions of the Historic Commission shall be in writing. A copy shall be sent to the applicant and be filed with the Clerk of City Council. The Commission decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as to alleviate the hardship.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020)