Uhrichsville City Zoning Code

CHAPTER 1167

Downtown Development Policy

1167.01 PURPOSES.

(a) The Downtown Development Design Review Board hereinafter created shall serve to protect and preserve the value and appearance of property on which buildings are constructed or altered, to maintain a high character of community development, to protect the public health, safety, convenience and welfare and to protect real estate within the geographic area identified as "Downtown Uhrichsville" from impairment or destruction of value. Such purposes shall be accomplished by the Board by recommending, according to accepted and recognized architectural principles, the design, use of materials, color scheme, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of the Zoning and Building Codes and other applicable ordinances of the Municipality and State. In reviewing and making recommendations on proposed building plans and alterations, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.

(1) The purpose of such recommendation shall be to help increase property values and commerce in general.

(2) The Board shall act in an advisory capacity to any officer, board or commission of the Municipality.

(3) In order to review and make recommendations on any proposed exterior alterations to real estate within "Downtown Uhrichsville", the Board may require drawings, plans, specifications or studies to be submitted according to the provisions of this Policy for its evaluation.

(b) Council hereby finds and determines that the establishment of guidelines for the construction, erection, alteration, removal, moving or demolition of buildings and structures in

"Downtown Uhrichsville" is vital to the preservation of the educational, cultural, economic and general welfare of "Downtown Uhrichsville" and of the residents of the Municipality. Council further finds that the following purposes will be served by the establishment of such guidelines by this Policy:

(1) Promotion of the preservation of buildings, structures and sites which reflect the cultural, social, economic, political or architectural heritage of "Downtown Uhrichsville" for the education and general welfare of the residents of the Municipality.

(2) Protection and enhancement of the attractiveness of "Downtown Uhrichsville" as it relates to residents, tourists and visitors, serving as a support and stimulant to business and thereby strengthening the economy of the Municipality and its residents.

(3) Stabilization and increase of property values within "Downtown Uhrichsville."

(4) Compatibility of any and all construction of new improvements and buildings and modifications of existing structures with the architectural character of "Downtown Uhrichsville."

(5) Enhancement of the visual and aesthetic character, diversity and interests of "Downtown Uhrichsville."

(6) Preservation and further enhancement of civic pride of the residents of the Municipality in the beauty of "Downtown Uhrichsville,"

(7) Protection of the property rights of owners whose properties are located within areas of "Downtown Uhrichsville."

(Ord. 13-22. Passed 10-13-22.)

1167.02 DEFINITIONS.

As used in this Policy, unless the context clearly requires otherwise, the following definitions are applicable:

(a) "Alteration" means change to the external architectural features of any structure or building, visible from a public way or from adjoining properties.

(b) "Applicant" means any person, association, partnership, or corporation or other similar entity who intends to undertake any external construction, painting, erection, alteration or removal, moving or demolition of real estate within "Downtown Uhrichsville."

(d) "Certificate of Appropriateness" means the official document issued by the City of Uhrichsville Downtown Design Review Board regarding proposed construction and exterior alteration, exterior painting and the removal, relocation or demolition of any structure or building in "Downtown Uhrichsville."

(e) "Council" means the Council of the City of Uhrichsville.

(f) "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials, the color scheme, all windows, doors, lights and signs and other fixtures appurtenant thereto.

(g) "Historic and/or architectural significance" means that which has a special historic or aesthetic interest or value as part of the development, heritage or cultural character of the Municipality, region, State or Nation.

(h) "Municipality" means the City of Uhrichsville as now or hereafter constituted.

(i) "Owner" means the owner of record, and the term includes the plural as well as the singular.

(j) "Change" means any alteration, demolition, removal or construction involving any property subject to the provision of this Policy including signs, landscaping and tree removal. "Change" shall include any new construction. "Change" shall not relate to ordinary maintenance or repair of any property, provided such work involves no change in material, design, texture, color or outer appearance.

(Ord. 13-22. Passed 10-13-22.)

1167.03 ESTABLISHMENT OF THE BOARD.

There is hereby established a Design Review Board, hereinafter and hereinbefore referred to as the Board, with the powers and duties as hereinafter set forth.

(Ord. 13-22. Passed 10-13-22.)

1167.04 BOARD MEMBERSHIP.

The Board shall consist of five (5) members as appointed by the Mayor, with the approval of Council. Members shall be residents or business property owners of the Municipality, unless otherwise specified hereinbelow. One (1) member shall be the owner of property in "Downtown Uhrichsville." One (1) member shall be a downtown business person. Two (2) at-large members shall be drawn from the general citizenry of the Municipality, and may include members of Council of the Municipality. One (1) member shall be appointed to serve as the Board's "professional design consultant." The "professional design consultant" need not be a resident of the Municipality or a registered architect, but must have design experience. Members shall be appointed for three (3) year terms and shall serve without compensation. Members may succeed themselves. The City Service Director shall be Secretary of the Board.

(Ord. 13-22. Passed 10-13-22.)

1167.05 MEETINGS AND RULES.

(a) The Board shall meet within the first fifteen (15) days of January each year and shall elect one (1) of its members as Chairperson, and one (1) of its members as Vice Chairperson. The Board shall meet bi-monthly and more frequently at the call of the Chairperson. A scheduled meeting may be canceled by action of the Chairperson if it can be determined that there are no applications or issues for the Board to address at that time.

(b) The elected Chairperson, who shall serve until a successor is elected, shall be responsible for the proper administration of the Board's work. In the absence of the Chairperson, that responsibility shall fall to the Vice Chairperson. The City Service Director shall keep, or cause to be kept, a complete and accurate record of all meetings and proceedings of the Board.

(c) All meetings of the Board shall be open to the public and three (3) members thereof shall constitute a quorum. A vote of three (3) members shall be required to take any action. In order to better carry out the provisions of this Policy, the Board by formal motion may adopt rules for the conduct of its business.

(Ord. 13-22. Passed 10-13-22.)

1167.06 ACTIONS REQUIRING BOARD REVIEW.

(a) All proposed actions within "Downtown Uhrichsville" that fall under the purview of the Board as defined hereinbelow must be reviewed by the Board prior to their enactment. Such action includes the construction, erection, alteration, removal, moving or demolition of buildings and structures in "Downtown Uhrichsville."

(b) The Board shall file with the City a certificate of its approval, modification or rejection of all applications and plans submitted to it for review. Work shall not be commenced on any such project until such a certificate of approval has been so filed. The owner, lessee or tenant of property and premises shall not commence the proposed work or change until and unless he/she/it has received a necessary building permit from the Municipality. The Board shall respond in writing to an application within thirty (30) days from the date the application is filed.

within "Downtown Uhrichsville", the applicant shall satisfy the City Service Director that the Board has reviewed the proposal, if it falls under the purview of the Board as herein defined, and has made its recommendation concerning the proposal's conformance to the guidelines as contained herein. Such official recommendation shall be in the written form of the "Certificate of Appropriateness." The City Service Director shall reject any application which does not comply with the recommendation of the Board.

(Ord. 13-22. Passed 10-13-22.)

1167.07 GUIDELINES.

The Board shall follow the guidelines outlined hereinbelow in reviewing plans for changes or alterations to historic structures and for sites in the project area. The Board shall be lenient in it judgment of plans for structures of little value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures of the surrounding area.

(a) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

(b) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible.

(c) 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 shall be discouraged.

(d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(e) Distinctive stylistic features or examples of skilled craftsmanship which characterized a building, structure or site shall be treated with sensitivity.

(f) Deteriorated architectural features shall be repaired rather than replaced, wherever and whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that damage the historic building materials shall not be undertaken.

(h) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.

(i) 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.

(j) Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations to structures were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(Ord. 13-22. Passed 10-13-22.)

1167.08 CERTIFICATE OF APPROPRIATENESS.

(a) The Board shall issue a written recommendation in the form of a "Certificate of Appropriateness" for all projects it reviews. Issuance of such a recommendation shall be by affirmative vote of three (3) members of the Board present and voting. The Certificate of Appropriateness will be issued and filed with the City Service Director by the Board.

(b) In making its recommendation and issuing a Certificate of Appropriateness, the Board shall consider whether the proposed change will affect adversely or destroy any significant historic or architectural feature of the structure, whether it is inappropriate or inconsistent with the spirit and purpose of this Policy and whether it will affect adversely or destroy the general historic and architectural significance of the area in question. With respect to proposed demolition, the Board shall determine whether preservation or rehabilitation is economically feasible, or shall make its recommendation in consideration of practical difficulties or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved. The Board's recommendation may advise the applicant of any changes necessary, in the Board's opinion, to comply with this Policy.