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North College Hill City Zoning Code

CHAPTER 1161

Architectural District

1161.01 PURPOSE.

   The purpose of this chapter 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 architectural characteristics of structures throughout the hereinafter defined Architectural District. It is the further purpose of this chapter to recognize and create a distinctive historical and architectural character in this community. These purposes will be served by the regulation of exterior design, use of materials, the finish grade line, landscaping and orientation of all structures hereinafter altered, constructed, erected, enlarged or remodeled in the hereinafter defined Architectural District.
(Ord. 4-1988. Passed 3-21-88.)

1161.02 DISTRICT BOUNDARIES.

   There is hereby established an Architectural District which shall include all lots abutting Galbraith Road west of Hamilton Avenue and east of Simpson Avenue and extending south to the centerline of the existing alley and north to the northern most property line of ending parcels on Grace, Mearl, and Kumler Avenues.
(Ord. 4-1988. Passed 3-21-88.)

1161.03 APPLICATION AND NOTICE.

   (a)    Whenever a structure, as defined by this Zoning Ordinance, whether public or private, within the above described district is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement, or remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for a certificate of appropriateness shall be filed with the Planning Commission Secretary with a fee based upon the following schedule:
      (1)    If the cost of the proposed project is to be two thousand dollars ($2,000) or less the applicant shall pay a fee of five dollars ($5.00).
      (2)    If the cost of the proposed project is to exceed two thousand dollars ($2,000) a fee of two dollars ($2.00) for each one thousand dollars ($1,000) or fraction thereof of the estimated total cost shall be paid.
   In no case shall such fee be less than five dollars ($5.00) or more than two thousand dollars ($2,000).
   (b)    The application shall be accompanied by a line drawing indicating at a minimum, the lot dimensions of the structure, the location and orientation of the structure on the lot and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, landscaping and orientation of the structure. Applications for structures shall be accompanied by a colored elevation showing at a minimum, the design, use of materials, finish grade line, landscaping and orientation of buildings. In addition, the Board of Architectural Review may require the submission of colored perspectives or architectural renderings.
   (c)    Upon receipt of an application for a certificate of appropriateness, which is accompanied by the material required by the provisions of subsection (b) hereof, the Secretary of the Planning Commission shall place the application on the agenda for the Board of Architectural Review at its next regular meeting following ten days from the date the application is filed. The Secretary of the Planning Commission shall further cause to be published in a newspaper of general circulation in the City, a public notice of the scheduled hearing date of the application together with a general description of the nature of the application. The applicant shall be notified by mail of the date of the hearing. In addition, there shall be a notice posted on the subject property stating that an application has been filed and the date of the hearing. (Ord. 4-1988. Passed 3-21-88.)

1161.04 BOARD OF ARCHITECTURAL REVIEW.

   The City Planning Commission shall act as the Board of Architectural Review when considering any application for a certificate of appropriateness.
(Ord. 4-1988. Passed 3-21-88.)

1161.05 STANDARDS FOR REVIEW: CERTIFICATE OF APPROPRIATENESS.

   (a)   The Board of Architectural Review, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes and enhances the distinctive architectural character of the community and would not be at variance with existing structures within that portion of the district in which the structure is or is proposed to be located as to be detrimental to the interests of the District. In conducting its review, the Board shall make examination of and give consideration to the elements of the application including, but not necessarily limited to:
      (1)    Height, which shall include the requirements of Section 1147.04 for an R-3 Multi-Family Residence District.
      (2)    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.
      (3)    Window treatment, which shall include the size, shape, and materials of the individual window units and the overall harmonious relationship of window openings.
      (4)    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.
      (5)    Roof shape, which shall include type, form and materials.
      (6)    Materials: texture and colors, which shall include a consideration of material compatibility among various elements of the structure in relation to the character of the design.
      (7)    Compatibility of design and details, which shall include the appropriateness of the use of exterior design details, compatible with a traditional style of architecture as approved by the Board.
      (8)    Landscape design and plant materials, which shall include, in addition to requirements of this Zoning Ordinance, lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views.
      (9)    Pedestrian environment, which shall include the provision of features which enhance pedestrian movement and environment and which relate to the pedestrian's visual perspective.
      (10)    Signage, which shall include, in addition to requirements of Chapter 1175, the appropriateness of signage to the building.
   (b)    In conducting its inquiry and review, the Board 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 Board may 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.
   (c)    When its review is concluded, the Board will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved. If approved by three or more of its members, the Board shall return the application and appended material to the secretary with the instruction that the certificate of appropriateness be issued, provided all other requirements of a building permit, if applicable, are met. If not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein. (Ord. 4-1988. Passed 3-21-88.)

1161.06 PRESERVATION OF PROPERTY UPON DEMOLITION OF A STRUCTURE.

   (a)    Whenever a structure within the District is proposed to be demolished, an application for a certificate of appropriateness shall be filed with the Planning Commission Secretary as provided in this chapter. In considering such application, the Board of Architectural Review shall limit its inquiry to the proposal for grading, landscaping and other design treatment of the property once the structure has been removed.
   (b)    Nothing in this chapter shall be construed to prevent the demolition of a structure whether public or private, within the District. (Ord. 4-1988. Passed 3-21-88.)

1161.07 REPAIR OR MAINTENANCE EXCEPTION.

   Nothing in this chapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the District.
(Ord. 4-1988. Passed 3-21-88.)

1161.08 APPEALS.

   The Board of Architectural Review shall decide all applications for architectural review not later than thirty days after the first hearing thereon.
   (a)    Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved by any decision of the Board involving an application for architectural review approval may appeal such decision to Council by filing notice of intent to appeal with the Planning Commission Secretary and the Clerk of Council within ten days from the date of the decision, setting forth the facts of the case.
   (b)    Council may then elect to hold a public hearing on the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal. In the event Council elects to hold a public hearing on the request for appeal, the hearing shall be held not later than sixty days after a final decision has been rendered by the Board. Council, by a majority vote of its members, shall decide the matter and its decision shall be final.
   (c)    If no notice of intent to appeal is filed with the Planning Commission Secretary and the Clerk of Council within the period specified in subsection (a) hereof, Council may at the option of a majority of its members and not later than ten days following the expiration of the appeal period, elect to review any architectural review decision of the Board. Council shall schedule a public hearing on the matter which shall not be held more than sixty days after a final decision was rendered by the Board. At a public hearing, Council by a majority vote of its members, shall decide the matter and its decision shall be final.
      (Ord. 4-1988. Passed 3-21-88.)