(A)   Council of the village, hereinafter referred to as the “village”, hereby declares as a matter of policy that the preservation, protection, perpetuation, and use of areas, places, buildings, structures, works of art, and other objects having a special, historical, community, or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the residents of the village.

   (B)   The purpose of this subchapter is to:

      (1)   Maintain and enhance the distinctive character of historic preservation districts and listed properties by safeguarding the architectural integrity of the various period structures within and about them which together create a rare panorama of Americana, and to prevent intrusions and alterations within preservation districts that would be incompatible with this established character;

      (2)   Protect and compliment the singular historic and architectural quality of the area hereinafter defined as the preservation district, which is essentially devoid of incompatible buildings and environmental features;

      (3)   Provide for the establishment of procedures whereby certain areas, structures, objects, and works of art of historic, architectural, or cultural importance to the community shall be safeguarded as listed properties and allowed that measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolitions before such acts are performed; and

      (4)   Contribute to the economic, cultural, and educational development of the village by:

         (a)   Stimulating business and attracting industry by maintaining a high character of community development;

         (b)   Protecting and enhancing attractions to residents, tourists, and visitors;

         (c)   Stabilizing and improving property values;

         (d)   Improving the quality of life by enhancing the visual and aesthetic character, diversity, and interest of the village;

         (e)   Fostering civic pride in the beauty and notable accomplishments of the past; and

         (f)   Promoting the use and preservation of historic locations, architecturally significant structures, and other notable objects and sites for the education, enrichment, and general welfare of the residents of the village and the state.

(Ord. 96-152, passed 10-7-1996)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADVISORY PORTION OF DISTRICT (APD). The area within the Waynesville Historic Preservation District, as designated on the zoning map, where a certificate of appropriateness shall be only advisory to the owner unless the property has attained individual historic designation status as set forth in § 153.092.

   ALTER or ALTERATION. Any material change in external features of any property which lies within the area designated as a preservation district, or has been listed under the provisions of this chapter, not including demolition, removal, or construction.

   APPLICANT. Any owner, person, association, partnership, or corporation who applies for a certificate of appropriateness in order to undertake any environmental change on property subject to this subchapter.

   BOARD. The Waynesville Historic Preservation Board established under the provisions of this chapter.

   CERTIFICATE OF APPROPRIATENESS. The written determination of the Historic Preservation Board’s action with regard to proposed changes or alterations within any preservation district, or to proposed changes or alterations to any property subject to this chapter.

   DISPLAY. Includes erect, paint, repaint, place, replace, hang, rehang, repair, maintain, paint directly upon a building or other structure, inlay, embed in, or otherwise exhibit in public view.

   ENVIRONMENTAL CHANGE. Any alteration, demolition, removal, or construction involving any property subject to the provisions of this subchapter, including signs.

   LANDSCAPING. A major design or arrangement by planting or removal of the effects of natural scenery including trees, shrubs and vines, together with human-made materials or objects over a given tract of land for the purpose of creating the best practical appearance to the land.

   LISTED PROPERTY. Any property which has special character, historical, aesthetic, or architectural characteristics of the city, state, or the United States, and which has been designated as a listed property pursuant to the provisions of this subchapter.

   MANDATORY PORTION OF DISTRICT (MPD). The area within the Waynesville Historic Preservation District, as designated on the zoning map, where a certificate of appropriateness shall be mandatory for the owner of property.

   MEMBER. Any member of the Historic Preservation Board.

   OWNER. The owner of record of any property affected by this subchapter.

   PRESERVATION DISTRICT. The “Waynesville Historic Preservation District” as designated by this subchapter, or any other district established by Council for the purpose of maintaining and fostering a distinctive historical, architectural, cultural, or environmental character.

   PROPERTY. Any place, building, structure, artifact, work of art, or similar object constituting a physical betterment of real property.

   SIGN. Any symbol, device, image, poster, flag, banner, billboard, design, or directional sign used for advertising purposes, whether painted upon, attached to, erected on, or otherwise maintained on any premises; containing any words, letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or place which is visible from any highway and used to attract attention.

   USER. Any applicant legally using any property subject to the terms of this subchapter that is not owned by the user.

(Ord. 96-152, passed 10-7-1996; Ord. 2010-003, passed 5-3-2010)

   (A)   To further its purpose for the preservation of the architectural and historical values within the village for the benefit of the village and the state, there is hereby established the Waynesville Historic Preservation District.

   (B)   The boundaries of the Historic Preservation District shall be as set forth on the zoning map of the village adopted by Ord. 96-187, as it may be amended from time to time.

(Ord. 700, passed 12-28-1983; Ord. 96-152, passed 10-7-1996)

   There is hereby created the Waynesville Historic Preservation Board, hereinafter referred to as the “Board”, consisting of seven members appointed by Village Council (per Charter §§ 7.01, 7.11, and 7.12): one member of the Planning Commission, one member of the Village Council, one member of the Main Street Business District, one representative of the Historical Society, and three residents of the village. Members shall have a recognized knowledge of or a known interest or experience in history, architecture, or related disciplines, together with a determination to work for the overall improvement of the quality of the village’s physical environment. Of the membership, at least two preservation-related professional members shall be nominated to the extent such professionals are available in the community. Consideration should be given to the appointment of an architect and/or other design professionals, an attorney, a licensed real estate broker, an architectural historian, or any other person having special knowledge or relevance to the Board’s purposes and duties. Each appointed member shall serve a term of two years with the exception of the initial appointments, three of which shall be appointed for a one- year term and may be reappointed for a second term of two years. All members may serve subsequent terms, except Planning Commission and Council members may change yearly. The members shall serve without compensation. Vacancies shall be filled within 60 days unless extenuating circumstances require a longer period.

(Ord. 96-152, passed 10-7-1996)

   (A)   As soon as convenient following their appointment to the Board, the members shall meet and organize by election of a Chairperson and a secretary. A majority of the members of the Board shall constitute a quorum; however, no application for approval shall be recommended for denial except by the affirmative vote of a majority of the entire Board. All motions shall be made in the affirmative, even if the proposer intends to vote in the negative.

   (B)   The Board shall make such rules and regulations as it may determine advisable and necessary for the conducting of its affairs, not inconsistent with the laws of the village and state permitted for regular and special meetings to accomplish the purpose of this chapter, and shall make them available for public inspection at all times. The Board shall meet at least monthly, but meetings may be held at any time by the Board, or on the written request of any of its members. All meetings and records of the Board shall be public, and minutes of such meetings shall be a matter of public record. All meetings of the Board shall be publicly announced and have a previously-posted agenda.

   (C)   The Board may request a public hearing when considering the eligibility of any property proposed to be added to any preservation district or proposed for individual listing on the village’s register. The Board may request a public hearing when making a nomination to the Historic Register or when reviewing such a nomination for approval which was prepared by others.

(Ord. 96-152, passed 10-7-1996)

   The Board shall have the following duties in addition to those as otherwise specified in this chapter.

   (A)   The Board shall function to improve the quality of life in this village by striving to further and achieve the spirit and purpose of this subchapter.

   (B)   The Board shall conduct or cause to be conducted or assist the conduct of a continuing survey of all structures, works of art, objects, or areas of architectural, historic, or aesthetic interest in the village which the Board, on the basis of information available or presented to it, has reason to believe are, or will be, eligible for designation as a preservation district or listed property.

   (C)   The Board shall work for the continuing education of its members and residents of the village with respect to the architectural and historic heritage of the Waynesville Historic Preservation District, the village, listed properties and any other preservation district designated under the provisions of this chapter, and shall make every effort to improve the overall design and environmental awareness of the people.

      (1)   The Board shall make an inventory of the designated districts, sites, and/or structures under its jurisdiction, and record the inventory on Ohio Historic Inventory, Ohio Archaeological inventory forms, and/or other forms compatible with the computerized inventory of the state’s Historic Preservation Office.

      (2)   The Board shall keep current a register of all listed properties, and all listed properties shall be given a number and a description accompanied by a photograph.

      (3)   This inventory and register shall be maintained securely with copies made available to Council, the Building Department, the Planning Commission, the Inspection and Engineering Department, the Board of Zoning and Building Appeals, and the state’s Historic Preservation Office. The inventory and register shall be accessible to the public, except that access to archaeological site locations may be restricted. The survey and register shall be updated periodically to reflect changes, alterations, and demolitions.

   (D)   The Board shall have authority to establish, within the interest, spirit, and purpose of this subchapter, criteria, rules, and regulations not otherwise included in this subchapter for evaluating applications for certificates of appropriateness as hereinafter defined, which are submitted to it, and the manner in which such certificates shall be processed. The Board may adopt policies, guidelines, and technical bulletins prepared by professionals experienced in rehabilitating historic buildings and properties to assist its own members in deliberations and to assist the general public in its understanding of appropriate modifications to historic properties.

   (E)   The Board shall determine within the interest, spirit, and purpose of this subchapter, what legislation, if any, would best serve to preserve, restore, and develop the village, or any part of the village, and recommend such legislation to the Planning Commission and Council. Toward these ends, the Board shall work with the appropriate village officials, employees, and departments, and joint meetings with such officials, employees, and departments for this purpose.

   (F)   Members of the Board shall abstain from taking action on any matter that would present a conflict of interest. No member of the Board shall have a financial interest, direct or indirect, or by reason of ownership of stock in any corporation (except as permitted by the laws the state) in any matter pending before the Board. In the event that such a conflict arises, the affected member shall leave the room wherein the Board is holding its meeting and shall abstain from discussion and voting on the issue or matter in which he or she has such an interest. The affected member shall not be required to resign from the Board. Any willful violation of this section shall constitute malfeasance in office, and any member of the Board found guilty thereof shall thereby forfeit his or her office or position.

   (G)   The Board shall offer guidance or otherwise assist individuals concerned with historic preservation in their efforts to improve their property or area.

   (H)   The Board may, upon its own determination, make recommendations to Council for additions or revisions to this subchapter. Members of the Board shall abstain from taking action on any matter that would present a conflict of interest. See division (F) of this section.

   (I)   (1)   The Board shall review, for the purpose of recommending, all proposed National Register nominations for properties within its jurisdiction, and may by written agreement cooperate with the state’s Historic Preservation office to substitute review procedures which expedite the National Register review requirement.

      (2)   When the Board considers a National Register nomination for distinctive or rare resources (such as an archaeological site) which are normally evaluated by a professional in a specific discipline (such as archaeologist), and that discipline is not represented on the Board, the Board shall seek expertise in this area before rendering its decision.

   (J)   The Board shall encourage members to attend educational sessions at least once a year, or conduct in-depth consultation with the state’s Historic Preservation office, pertaining to the work and functions of the Board or on specific historic preservation issues.

   (K)   The Board shall prepare a written annual report of activities, cases, decisions, special projects and qualifications of the members, and the same shall be kept on file and available for public inspection.

(Ord. 96-152, passed 10-7-1996)

   No permit shall be issued for the construction, reconstruction, alteration, or demolition of any structure, work of art, object, or area within a preservation district, or for any listed property, except in cases coming under the section on exclusions in this subchapter, unless the application for such permit is approved by the Board through the issuance of a certificate of appropriateness in the manner prescribed in this subchapter. No sign permit shall be issued for any sign or display to be erected or placed within a preservation district, or for any sign or display to be attached to, or erected upon, any listed property unless a certificate of appropriateness has been issued for that sign or display in the manner prescribed herein.

(Ord. 96-152, passed 10-7-1996)

   The procedure for the issuance of a certificate of appropriateness (hereinafter referred to as a “certificate”) shall be as follows.

   (A)   When the owner or user of a property within a preservation district, or an otherwise listed property, desires to make any environmental change, including the construction of a building or an addition, reconstruction, demolition, erection of a sign, or display, or landscaping, he or she shall first obtain a written certificate from the Board.

   (B)   If the proposed work requires a building or a sign permit, the owner or user shall file an application through the Building Department which shall then refer the matter to the Board. If the change or sign is not incompatible with nor does it adversely affect any historic, architectural, or environmental feature of the property, or physically related properties which are also within a preservation district or otherwise listed, and does not violate the spirit and purpose of this subchapter, then the Board shall issue an approved written certificate and the owner or user may proceed.

   (C)   (1)   If, after due consideration by the Board, it is determined that the change or sign would have an adverse effect on properties subject to the provisions of this subchapter, then the Board shall deny the issuance of the certificate.

      (2)   The Board shall state reasons for such disapproval in writing and transmit the written statement to the applicant together with recommendations the Board may have made for appropriate changes. (See appeals procedures, § 153.094.)

   (D)   In the case of an inappropriate change, sign proposal, or landscape plan, the Board shall, during this waiting period, attempt to work out an alternate plan with the owner or user, or his or her representative, that is acceptable to all parties. In the case of a proposed demolition, the Board shall attempt to find practicable alternatives to such demolition.

   (E)   (1)   Within 30 calendar days after the date of filing of an application for a certificate, the Board shall decide whether the proposed change, sign, or landscaping is appropriate.

      (2)   The Board is obligated to act as quickly as possible on all applications so as to cause as little inconvenience to the owner or user as is possible, and shall attempt, where the proposed change, sign, display, or landscaping is inappropriate, to keep the waiting period as brief as it may be. Where a recommendation of disapproval is made to Council, the reasons shall be set forth in writing.

   (F)   Where the position of the Board is overruled by Council, a certificate shall automatically be issued upon such action.

   (G)   Notwithstanding the other provisions of this section, if the property is located in the Advisory Portion of District (APD) and not in the Mandatory Portion of District (MPD), a certificate of appropriateness shall be advisory only to the owner and shall be designated as “ADVISORY” marked in plain letters on the certificate of appropriateness. An owner may proceed with environmental changes only after the Board provides said advisory certificate of appropriateness.

(Ord. 96-152, passed 10-7-1996; Ord. 2010-003, passed 5-3-2010)

   (A)   In considering the appropriateness of any environmental changes, including signs, displays, or landscaping, the Board shall take into account, in addition to any other pertinent factors, the historical and architectural style and general design, arrangement, texture, material, and color of the proposed changes as they relate to the property in its present condition, and shall also consider the relation thereof to the same or related factors in other properties, objects, and areas in the immediate vicinity.

   (B)   Attention shall be taken to avoid the environmentally harmful effect often created by the clash of historic brick, stone, masonry, and wood building materials with undisguised contemporary materials, such as aluminum or other metals, plastic, fiberglass, and glass.

   (C)   The Board shall refer to the Standards for Rehabilitation, prepared by the Secretary of the Interior, and the criteria and guidelines for architectural, sign, and design review established by the Board pursuant to the terms of this chapter.

   (D)   The Board shall consider the advice of those consultants whose opinion is sought by the Board with respect to any application for a certificate.

(Ord. 96-152, passed 10-7-1996)

   Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any property, area, or object within a preservation district, or otherwise listed under the provisions of this subchapter, provided such work involves no change in material, design, texture, color, or outer appearance; nor shall anything in this subchapter be construed to prevent any environmental change, including the construction, reconstruction, alteration, demolition, or landscaping of any feature which, in view of the proper authority acting lawfully, is required for the public safety because of an unsafe or dangerous condition. However, no demolition permit shall be issued except upon the certification of a registered professional engineer or architect that the structure of a building is unsound or would need major reinforcement to be brought under building code structural requirements, considering a use that the building would reasonably lend itself to.

(Ord. 96-152, passed 10-7-1996)

   The provisions of this subchapter shall govern and take precedence over any other provisions of the Zoning Code of the village.

(Ord. 96-152, passed 10-7-1996)

   In considering the designation of any area, structure, work of art, or similar object in the village as a preservation district or listed property, the Board shall apply, in addition to any other available information, the following criteria:

   (A)   The character, interest, or value of the area or listed property as part of the development, heritage, or cultural characteristics of the village, the state, or the country;

   (B)   The location as a site of a significant historic event;

   (C)   The identification with a person or persons who significantly contributed to the culture and development of the village;

   (D)   The exemplification by the area or listed property of the cultural, economic, social, or historic heritage of the village;

   (E)   The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

   (F)   The embodiment of distinguishing characteristics of an architectural type or specimen;

   (G)   Identification as the work of an architect or notable builder whose individual work has influenced the development of the village;

   (H)   The embodiment of elements of architectural design, detail, materials, or craftsmanship which represent architecture of significant character, charm, or grandeur;

   (I)   The relationship to other distinctive areas or structures which are eligible for preservation according to a plan based on an historic, environmental, cultural, educational, or architectural theme; and

   (J)   A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the village.

(Ord. 96-152, passed 10-7-1996)

   (A)   Proposals to establish a preservation district or to list an individual property structure, object, or work of art as a listed property under this subchapter may be initiated by the Board or received by the Board. Property owners, lessees, or persons having an interest in the property or duly authorized agents of such owners, lessees, or persons may propose their own property for listing, on a form provided by the Board.

   (B)   The Board shall consider the proposal in terms of the criteria provided in § 153.091 and shall make a recommendation of the majority of the Board to Council on such proposal. The rationale for establishing a preservation district or listing a property shall be set forth in writing along with supporting documentation.

   (C)   An individual property may be listed by the Board acting on its own behalf, with the written consent of the property owner. Where owner consent for an individual listing is not obtained, and in the case of all preservation districts, a public hearing shall be held by Village Council.

   (D)   Council shall give due consideration to the findings and recommendations of the Board in making its determination with respect to the proposed designation of preservation districts or listed property under this chapter. Upon conclusion of the public hearing, Council may designate the preservation district or listed property.

   (E)   After the decision by Council, the Board shall notify in writing any owner or any person having a legal or equitable interest in such property as identified in the application of the decision.

(Ord. 96-152, passed 10-7-1996)

   (A)   Order for discontinuance and removal of violation. If the Director of the Department of Inspection and Engineering, or a duly authorized representative, finds that any property is in violation of any of the provisions of this subchapter, he or she shall order discontinuance of the violation, removal of illegal buildings or additions, alterations or structural changes, signs or displays, as the case may be. After such order is served or posted on the premises, no work shall thereafter be conducted except to correct the violation or comply with such notice.

   (B)   Injunction. In the event any building or structure is being erected, constructed, altered, repaired, or maintained in violation of the provisions of this subchapter and/or any permits issued after determination and issuance of a certificate, or there is an imminent threat of violation, the village or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit in the appropriate court for injunction to terminate or prevent such violation as a public nuisance.

(Ord. 96-152, passed 10-7-1996)

   (A)   The Historic Preservation Board shall make every effort by working with the applicant to develop a proposal for an environmental change or sign or display or landscaping that shall be compatible with the terms of the subchapter so that a certificate of appropriateness can be issued by the Board. In the instance wherein the Board may have denied a certificate, the Board may ask one of its members to work with the applicant, or may convene special meetings, to seek resolution of incompatible aspects of the applicant’s original proposal. If resolution has not been achieved by the end of a six-week period from the date of Board denial of the request for a certificate, the applicant may request an appeal in writing at which time the Board shall refer the matter to Council together with the Board’s recommendations concerning the application.

   (B)   The Historic Preservation Board may also refer the application to Council at any time during the six-week period if it believes that a satisfactory resolution of issues may not be possible.

   (C)   If no appeal is sought by either the applicant or the Board, the process of application and appeal may be repeated after 12 months from the date of the original application.

   (D)   The Council, functioning under its own rules of procedure, shall give consideration to the findings and recommendations of the Board, the owner or user, and the views expressed by persons participating in public hearings which Council may hold. Upon its conclusion, Council shall determine whether or not a certificate shall be issued. After 12 months, the process of application and appeal may be repeated. The owner or user may be required by Council to delay the proposed construction, reconstruction, or alteration for up to one year. If the application involves demolition, the owner or user may be required by Council to delay the work for up to two years. Sign applications may be permanently denied by Council.

(Ord. 96-152, passed 10-7-1996)