Ocean View City Zoning Code
ARTICLE VIII
Historic Preservation Zoning District
§ 140-54 Establishment; purpose.
B.
Purposes. The purpose of the Historic Preservation Zoning District is to:
(1)
Assist in preserving the historic character and the historic fabric of the Town of Ocean View.
(2)
Safeguard the heritage of the Town by preserving the elements which reflect the cultural, social, economic, political or architectural history of the Town.
(3)
Promote the use and preservation of the values as established by the Ocean View Comprehensive Plan.
(4)
Recommend alteration or new construction in keeping with the Historic District.
(5)
Recommend restoration rather than demolition of contributing structures or historic properties.
(6)
Encourage the proper maintenance, preservation and, when necessary, alteration of structures in the Historic Preservation District.
§ 140-55 Definitions.
In this article, the following definitions shall be applicable unless the context clearly indicates to the contrary:
Any activity requiring a building permit, the approval of the Ocean View Administrative Official, or any change in the exterior appearance (other than maintenance) or structural change, including but not limited to construction, reconstruction, renovation, modification, alteration, moving or demolition of a contributing structure within the Historic Preservation District of the Town of Ocean View.
Residential structures that are judged to add to the HPOZ's sense of time, place and historic development under criteria established by the Planning and Zoning Commission, including historical significance, integrity and context. Such structures are so designated because they meet an architectural test (i.e., compatible with surrounding buildings or represent an architectural style identified with Ocean View' history) and a longevity test (more than 50 years old). Such structures shall have been submitted by their owners for inclusion as a contributing structure and accepted by the Planning and Zoning Commission as a contributing structure. Contributing structures may be withdrawn as a contributing structure by an owner at any time and consent to withdrawal shall not be denied nor withheld by the Planning and Zoning Commission.
Destruction, razing, commencement of the work or steps of total or partial destruction with the purpose of completing the same, includes any willful neglect in the maintenance and repair of a structure that does not result from a financial inability to maintain and repair the structure and threatens to result in substantial deterioration of the exterior features or the structural integrity of the building.
An overlay zoning district on the Town of Ocean View Zoning Map.
That portion of a structure that is visible, or could be visible but for a fence or landscaping, from a public right-of-way or public or private street.
Ordinary repairs and maintenance, including design, materials, features or finishes of a structure that do not alter the exterior appearance of the structure and have no material effect on the historical, archaeological or architectural significance of the structure. Paint color is included in this definition regardless of the effect on exterior appearance.
Structures that do not add to the HPOZ's sense of time, place and historic development or have not applied for inclusion or have withdrawn from inclusion as a contributing structure in the HPOZ. Among other things, such structures are so designated because they have not applied for inclusion as a contributing structure, they are not listed or pending to become listed on the National Register of Historic Places or do not meet either an architectural test (i.e., compatible with surrounding buildings or represent an architectural style identified with Ocean View's history) or longevity test (more than 50 years old).
Any structure or site currently used primarily for residential living purposes.
See Article XXI.
§ 140-56 Application procedures; demolition; designation of historic properties; appeals.
A.
Before the construction, alteration, reconstruction, moving or demolition of any contributing structure on property within the HPOZ that would affect the exterior appearance of a structure visible or intended to be visible from an adjacent public way, the owner, agent or representative proposing to construct or change shall file with the Administrative Official of the Town of Ocean View an application to construct, build, alter, reconstruct, move, demolish or make the addition.
B.
Actions not requiring review by the Planning and Zoning Commission. Ordinary repairs and maintenance that do not constitute a change to the appearance of the structure include:
(1)
Repair of existing windows and doors, using the same material, including the installation of storm windows that will not alter the exterior appearance of the structure.
(2)
Maintenance and repair of existing roof material involving no change in the design, scale, material or appearance of the structure.
(3)
Repair of existing roof structures, such as cupolas, dormers and chimneys, using the same materials that will not alter the exterior appearance of the structure.
(4)
Replacement of existing shingles, clapboards, or other siding, maintaining the exterior appearance of the structure.
(5)
Maintenance and repair of existing shingles, clapboard or other siding, using the same materials that are being repaired or maintained.
(6)
Repairs to existing shutters, fences, or retaining walls, using the same materials for those items being repaired.
(7)
Change of paint color.
C.
Procedure for review by the Planning and Zoning Commission.
(1)
The applicant shall apply for a building permit. If the proposed site is a contributing structure in the HPOZ, the Administrative Official will notify the applicant that his/her project must be approved by the Planning and Zoning Commission (unless the project falls under Subsection B above) and will give him/her a Planning and Zoning Commission application.
(2)
For the initial application, the applicant shall fill out the application, attach four copies of plans that include a sketch plan showing the generalized location of existing structures and of the proposed change, construction, alteration, or modification, including a description of the type and texture of the materials to be used for the exterior; current photographs of the property in question and of adjacent and neighborhood properties, including the streetscape of both sides of the street on which the subject property is located. An application is deemed complete when these items have been submitted. After the review process is completed, the Planning and Zoning Commission will return two sets of plans to the applicant and retain two for its records.
(3)
Completed initial applications submitted to the Administrative Official 21 calendar days prior to a regular, scheduled Planning and Zoning Commission meeting will be heard at that next scheduled Planning and Zoning Commission meeting.
(4)
The Planning and Zoning Commission shall endeavor to arrive at a decision at the first meeting at which the application is presented; however, if the Planning and Zoning Commission decides that it needs more information or time in which to make a decision, it shall either place the application on the agenda for the next meeting or schedule a special meeting. The Planning and Zoning Commission shall grant or deny the application as expeditiously as possible, but in no event no later than the next regular meeting of the Planning and Zoning Commission; failure to act within said time frame shall be deemed to be approval of the application as submitted; however, an extension may be granted if agreed to by both the applicant and the Planning and Zoning Commission.
(5)
If, after review of the application by the Administrative Official, he/she determines that the proposed activity will require a variance, the Administrative Official shall notify the applicant and provide information on the process for application to the Board of Adjustment. If no application to the Board of Adjustment is made by the applicant within 30 days after notice has been given by the Administrative Official, the application shall be deemed to have been withdrawn. However, if the applicant desires to have the Planning and Zoning Commission review an application prior to applying to the Board of Adjustment, the applicant shall request the Administrative Official to forward the application to the Planning and Zoning Commission.
(6)
The Planning and Zoning Commission may grant approval, grant approval with conditions, or deny the application. A denial shall include the reasons that the proposal does not meet the criteria in this Article. The applicant shall have the opportunity to resubmit his/her application with modifications; such resubmissions shall meet the same requirements as the original. If the second submission of the application is denied, the applicant may either modify the application for another submission or appeal the denial to the Board of Adjustment. In no event may the Planning and Zoning Commission make recommendations for changes that will require violation of other requirements of this chapter.
(7)
Written notice of the decision of the Planning and Zoning Commission will be forwarded promptly by the Planning and Zoning Commission to the applicant and to the Administrative Official. Upon approval by the Planning and Zoning Commission, the applicant will be advised. The notice will inform the applicant to meet with the Administrative Official to complete the application for a building permit. Approval shall be valid for one year for the approved project; if the project is commenced but not completed before the end of that period, the owner shall apply to the Administrative Official for an extension that may not exceed an additional period of one year. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the Administrative Official; and written notice thereof shall be given to the person affected.
(8)
Substantive changes to the Planning and Zoning Commission approved project prior to or during construction shall require review and approval by the Planning and Zoning Commission. For such changes, the applicant shall submit one copy of the original application and a description of the proposed changes as well as any supporting documentation to illustrate the effect or noneffect of such proposed changes. Consideration by the Planning and Zoning Commission of those changes shall be made at the next regularly scheduled meeting or at a special meeting, if appropriate.
D.
Demolition. No contributing structure or any part thereof deemed to be contributing may be demolished without approval by the Planning and Zoning Commission. The applicant shall satisfy the Planning and Zoning Commission that he/she had taken into consideration reasonable means to either mitigate or to eliminate the decision to demolish the contributing structure. If the Planning and Zoning Commission finds that the structure has no historic or architectural significance or is noncontributing, or that the costs and expense of mitigation are prohibitive, the Planning and Zoning Commission may approve the application for demolition.
E.
Interior features. The Planning and Zoning Commission shall consider only exterior features and shall not consider interior arrangements except to the extent that an interior alteration affecting the exterior is required by law or disability of owner or tenant.
F.
Designation of historic properties. Owners of property outside the boundaries of the Historic District may request that their property be designated a historic property. Before any such designation may be assigned, specific procedures, information required and recordation procedures and requirements shall have been determined. Such procedures shall include reference to the guidelines of the Preservation Office of the State of Delaware and National Register of Historic Places.
G.
Appeals. Any person aggrieved by a decision rendered by the Planning and Zoning Commission shall have a right to appeal to the Town Council of the Town of Ocean View.
§ 140-57 Review criteria and standards.
In reviewing the plans for any construction, change, or demolition, the Planning and Zoning Commission shall give consideration to:
A.
Historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
B.
Relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding neighborhood. Distinctive stylistic features or examples of skilled craftsmanship shall be preserved, if possible.
C.
General compatibility of exterior design, arrangement, texture and materials proposed to be used with other structures contributing to the established character of the Historic Preservation District of Ocean View;
D.
When application is made to demolish a structure or any part thereof, the impact of its removal from the area in which it is located, and its structural condition and the economic feasibility of alternatives to the proposed demolition.
E.
When application is made to move an historic structure, the potential loss of history to its original site and to the Historic District as a whole, and the reasons for not keeping the structure at its present location.
F.
The effect of the structure on the health, safety and general welfare of the Town.
G.
Other factors, including the costs and expenses to the applicant of maintenance, alteration, mitigation or demolition, that the Planning and Zoning Commission deems to be pertinent, consistent with the Code of the Town of Ocean View.
H.
The Planning and Zoning Commission may require the applicant to submit both financial and construction details in support of any proposed demolition.