New Concord City Zoning Code
CHAPTER 1157
Overlay Districts
1157.01 OVERLAY DISTRICTS.
Along with the standard zoning districts established in Chapter 1153, two additional overlay zoning districts are established which supplement underlying zoning requirements.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.02 ARD ARCHITECTURAL REVIEW DISTRICT OVERLAY.
The purpose of the Architectural Review District is to recognize, preserve, and enhance the historic character of the downtown area of New Concord, by safeguarding the architectural integrity of historic structures. This district is also established to discourage new construction or alterations of existing buildings that are determined to be detrimental to, and incompatible with, the existing architecture, physical form and historic atmosphere of the downtown area of New Concord. It is also recognized that beyond cultural benefits, the protection of historical resources in the Village will further the economic development of the area and will help maintain and improve area property values. The ARD District is an overlay zoning district that imposes development standards in addition to the standards contained in the underlying district.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.03 CERTIFICATE OF APPROPRIATENESS REQUIRED.
(a) A certificate of appropriateness is required prior to:
• Any new construction of a structure
• Any remodeling which involves the alteration of a foundation, alteration of a roof line, the enclosure of any porch, deck or breezeway, or the replacement of windows, or siding.
• The placement, replacement, or re-construction of any sign
• The demolition of any structure, except when a structure is declared unsafe and is an imminent peril.
• Exterior painting when colors are changed.
(b) Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.04 ESTABLISHMENT OF A DESIGN REVIEW BOARD.
There is hereby established a Design Review Board that shall have the authority to issue a Certificate of Appropriateness to those persons who, upon proper application, desire to make any changes other than ordinary maintenance to any structure, objects or property, real or otherwise, within the Architectural Review District. The issuance of a Certificate of Appropriateness within the Historic District Overlay Zone is required before issuance of a zoning permit issued by the Zoning Inspector.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.05 COMPOSITION AND ORGANIZATION OF THE DESIGN REVIEW BOAR D.
The Design Review Board shall be composed of five (5) members, all citizens of the Village, appointed by the Mayor. Three (3) members shall constitute a quorum, and a majority vote of the Board (3) shall be necessary to pass any motion. The Board shall meet as needed. In case of tie vote, the Village Zoning Inspector shall be called upon to cast a deciding vote. Member's terms shall be for five (5) years with each term staggered. The chairman shall be appointed by the Mayor.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.06 DUTIES OF THE DESIGN REVIEW BOARD.
The Design Review Board shall have the following duties:
• The Board may conduct surveys or otherwise assemble information related to all areas, places, buildings, structures, homes, works of art or other objects of environmental, architectural and aesthetic interest in the Village.
• The Board shall work for the continuing education of the residents of the Village with respect to the architectural and historic heritage of Village.
• The Board is hereby authorized to issue a certificate of appropriateness upon application. When a certificate of appropriateness is granted, it shall be directed to the Zoning Inspector who may issue a zoning permit provided all other sections of this code are complied with and shall precede the issuance of a permit.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.07 DESIGN REQUIREMENTS AND REVIEW CRITERIA.
In the review of applications for a certificate of appropriateness and other matters, the Board shall be guided by the following requirements and criteria:
• The distinguishing original qualities or character of a period building, structure or site and their environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when feasible.
• All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
• If changes to a building that have taken place in the course of the time are evidence of the history and development of a building, structure or site and its environment, and these changes are deemed to have acquired significance, then this significance (if any) shall be recognized and respected.
• Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.
• Significant architectural features that have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in design, color, texture and other visual qualities. Repair or replacement of architectural features should be based on accurate duplications of features, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
• The surface cleaning of structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided.
• Every reasonable effort shall be made to protect and preserve archeological resources affected by, or next to any project.
• Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
• Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.
• The Design Review Board may require applicants to explore alternatives to the demolition.
• The design of new structures and of additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the Architectural Review District.
• All new structures and all reconstruction or remodeling of existing structures shall use natural traditional exterior materials such as brick, stone, masonry and wood, where possible.
• Traditional colors and combinations of those colors that are both identified with the origin or the era in which the area was originally built, should be used for building exteriors for all new construction.
• All signs shall be of such a style or design that is reflected in the district, and shall conform to the requirements of Chapter 1173. Sign size and shape shall also respond to the existing proportions of period structures, and signs shall not be permitted to cover or otherwise hide important architectural features.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.08 PROCEDURES.
(a) Applications for a certificate of appropriateness shall be filed with the zoning inspector, and the Design Review Board shall meet within 10 business days following the submission of a complete application. In addition to an application form, the Design Review Board shall specify the type of drawings, materials, sketches and material samples required which must accompany an application form.
(b) The Design Review Board shall review, and approve, disapprove, or modify applications, and upon such approval, or approval with modifications shall issue a certificate of appropriateness. Such a decision must be made within seven (7) calendar days following the meeting, unless an extension is agreed to by the applicant.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.09 APPEALS.
An applicant who has been denied a certificate of appropriateness by the Design Review Board may appeal the decision to the Board of Zoning Appeals. Any such appeal shall be made within ten (10) days after the complaint of action or inaction of the Board. Upon hearing such an appeal, the Board of Zoning Appeals, may reverse, affirm or modify the order or determination, and issue a certificate of appropriateness. The Board of Zoning Appeals shall base their decisions on the appeal criteria listed in this Zoning Code.
(Ord. K-5-94-2. Passed 5-9-94.)
1157.10 STATE ROUTE 83 CORRIDOR OVERLAY DISTRICT.
(a) The purpose of the SR 83 Corridor District Overlay is to help ensure that development and redevelopment of this corridor takes place in a manner that results in an efficient, safe, and attractive environment. The SR 83 Corridor is the primary gateway to New Concord, and its character, quality, appearance and urban design is highly significant. This area introduces visitors to the community and creates first impressions of civic desirability and quality. It is also very important that this corridor develop and redevelop with a high level of transportation functionality to help prevent accidents and congestion as vehicular movement increases.
(b) The importance of the SR 83 Corridor justifies additional architectural requirements and development standards contained in this Overlay Zoning District. These standards are articulated in a separate document titled "State Route 83 South Friendship Drive, Design Framework Manual." This document is dated February 9, 2015 and has been adopted by both the New Concord Planning Commission and the New Concord Village Council. It provides, specific design principles to be followed. (Ord. K-5-94-2. Passed 5-9-94.)
1157.11 REQUIREMENTS.
All proposed development activity within the State Route 83 Corridor Overlay District is subject to Site Plan Review Procedures described in Chapter 1169. This includes the construction of principal and accessory buildings, freestanding signs, parking lot construction/expansion and creation of outdoor use areas such as patios and recreation space.
(Ord. K-5-94-2. Passed 5-9-94.)