Mount Vernon City Zoning Code
CHAPTER 1106
Overlay Zoning Districts
1106.01 FLOOD DAMAGE PREVENTION OVERLAY DISTRICT (FDPO).
(a) Purpose. It is the purpose of the Flood Damage Prevention Overlay District (FDPO) to identify areas of special flood hazards areas. It is furthermore the purpose of the district to promote and provide for the proper use and development of lands subject to periodic flooding and to encourage the development of such lands in a manner that will promote the public health, safety and general welfare of the residents of the City. The intent of this district is to secure safety from flooding, minimize flood damage to persons and property, minimize public expenditures for flood relief and flood control projects, and to reduce the height and violence of floods insofar as such are caused by any natural or artificial obstruction. The FDPO is an overlay zone with areas, lines, boundaries, and requirements as separately established under Chapter 1317 of the Codified Ordinances and made a part of this code.
(b) Intent of the FDPO District. The intent of the FDPO District shall be as stated in the purpose statement above and in Chapter 1317 of the Codified Ordinances.
(c) Definitions. Definitions pertinent to the FDPO District shall be those definitions listed under Chapter 1317 of the Codified Ordinances.
(d) Floodplain Development Permits. Floodplain development permits shall be required as stated under Chapter 1317 of the Codified Ordinances and are required in addition to any zoning permits, when applicable.
(e) Appeals And Variances. The procedures for an appeal or variance from the FDPO regulations shall be those set forth in Section 1103.07.
(1) Appeals and variances from the FDPO regulations shall be to the BZA and as additionally provided for under Chapter 1317 of the Codified Ordinances.
(f) Development Standards For Flood Hazard Reduction. Development standards for flood hazard reduction shall be as stated under Chapter 1317 of the Codified Ordinances.
(g) Administration Of FDPO District.
(2) The FDPO District shall exist as an overlay zone with boundaries extent, elevations, and other geographic delineation as officially mapped by the Federal Emergency Management Agency for the City of Mount Vernon, Ohio, Knox County, effective date August 2, 1982, Community Panel numbers 390311, 0001-0003, and as subsequently amended. Elevational, flood profiles, flood insurance zone data, discharge data, hydrologic analyses and other engineering, hydrologic, or descriptive information pertinent to the FDPO District shall be as contained in the Flood Insurance Study, City of Mount Vernon, Ohio, Knox County, published by the Federal Emergency Management Agency February 2, 1982, and as subsequently amended.
(3) The City of Mount Vernon may add floodplain areas based on hydrologic engineering studies.
(h) Reports Of Variances Granted. In addition to the other duties of the Floodplain Administrator, they shall report any variances granted from the development standards of Chapter 1317 of the Codified Ordinances to the Federal Emergency Management Agency upon its request.
(i) Provision of Flood Damage Prevention Ordinance Declared to be Minimum Requirements. In their interpretation and application, the provision of Chapter 1317 of the Codified Ordinances shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of the Chapter 1317 of the Codified Ordinances conflict with the requirements of this code, or any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.
(Ord. 2024-032. Passed 7-22-24.)
1106.02 HISTORIC OVERLAY DISTRICT (HO).
(a) Purpose. The purpose of the HO District is to maintain a high character of community development, to protect and preserve property, to promote the stability of property values and to protect real estate from impairment or destruction of value for the general community welfare by regulating the exterior historical characteristics of structures throughout the hereinafter defined HO District. City Council has hereby declared, as a matter of public policy, that the preservation, protection, and use of areas, places, buildings, structures and works of art in recognized historic districts is a public necessity and is required in the interest of the health, safety and welfare of the people. The purpose of this district is to:
(1) Safeguard the heritage of the City by preserving sites and structures within recognized historic districts which reflect the City's history and its architectural past;
(2) Stabilize and improve property values;
(3) Strengthen the economy of the City;
(4) Protect and enhance the City's attractions to residents, tourists and visitors;
(5) Enhance the visual and aesthetic character, diversity and interest of the past;
(6) Foster civic pride in the beauty and notable accomplishments of the past;
(7) Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City; and
(8) Preserve sound existing housing stock and safeguard the residential character of primarily residential neighborhoods.
(b) District Overlay Boundaries. There is hereby established HO District which shall include all lots and land within the following described areas, as illustrated on the zoning map, and as described in the National Register:
(1) East Gambier Street District: Encompassing the addresses from 100 to 519 East Gambier Street.
(2) East High Street District: Roughly bounded by East Chestnut Street, South Catherine Street, East Vine Street, and South Gay Street.
(3) North Main/North Gay Streets District: Roughly bounded by Curtis Street, North Gay Street, Public Square, and North Main Street.
(c) Historic Standards and Guidelines for the HO District.
(1) In conducting its review of COA applications, the HRC or ZEO, as applicable, shall make examination of, and give consideration to, the elements of the application including, but not necessarily limited to:
A. The overall height of new construction or additions should relate to the existing building, for additions, or relate to adjacent buildings. As a general rule, new buildings or additions should generally be the same height as the average height of existing buildings within the vicinity of the subject site and within the HO District. The HRC may authorize slightly taller buildings on corner sites to create a focal point for the intersection.
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Figure 1106 A: The top image illustrates buildings that are constructed with appropriate heights and widths relative to the surrounding neighborhood whereas the bottom image illustrates a building that is inconsistent in height and scale.
B. Building massing, which shall include the relationship of the building width to its height and depth, and its relationship to the viewer's and pedestrian's visual perspective, should generally reflect the predominant massing along the same block face, within the applicable HO District;
C. Window treatment, which shall include the size, shape, orientation, and materials of the individual window units and the overall harmonious relationship of window openings shall reflect the typical window treatments of buildings along the same block face, within the applicable HO District;
D. Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to, porches and overhangs, and the horizontal or vertical expression which is conveyed by these elements, shall reflect the typical exterior detailing of buildings along the same block face, within the applicable HO District;
E. The roof shapes and forms of new buildings shall resemble, but shall not necessarily duplicate, the shape, style, form, and material of roofs for nearby structures.
F. The materials, texture, and the use of color shall reflect the predominant materials, texture, and color found within the historic district. The use of materials, textures, and colors that reflect the original architectural style and era of the building is strongly encouraged;
G. Compatibility of design and materials, which shall include the appropriateness of the use of exterior design details, shall also be considered as it relates to the original design of the structure or the consistency with the architectural style of the building;
H. Freestanding signs be constructed of wood, High-Density Urethane (HDU) foam, or other composite materials that the ZEO determines to have the appearance of wood. The amount, height, and types of signage shall be established in Chapter 1113: Signs, however the HRC or ZEO, as applicable may restrict the use of certain signage materials in an HO District based on traditional signage materials used during the era of when the majority of buildings in the HO District were constructed.
(2) In conducting its inquiry and review, the HRC or ZEO, as applicable may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The HRC shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to it.
(3) When its review is concluded, the HRC or ZEO, as applicable will determine whether the application for a COA shall be approved in accordance with Section 1103.05.
(d) Preservation of Property Upon Demolition of a Structure.
(1) Whenever a structure within the HO District is proposed to be demolished, an application for a COA shall be filed with the ZEO as provided in this Section 1103.05. In considering such application, the Historical Review Commission shall limit its inquiry to the proposal for grading, landscaping and other design treatment of the property once the structure has been removed.
(2) Nothing in this section shall be construed to prevent the demolition of a structure whether public or private, within the HO District.
(e) Repair Or Maintenance Exception. Nothing in this section shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the HO District.
(Ord. 2024-032. Passed 7-22-24.)