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20-85 Ordinance . ORDINANCE NO. 20-85 AN ORDINANCE TO ADOPT CHAPTER 1191, OUTLINING THG DUTIES OF THE ARCHITECTURAL REVIEW BOARD, DEFINING THE OLD DUBLIN HISTORIC DISTRICT OF THE VILLAGE OF DUBLIN, PROVIDING FOR THE ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE WITHIN THE OLD DUBLIN HISTORIC DISTRICT AND OTHER MATTERS RELATING TO SUCH BOARD, AND TO REPEAL ~ll83.l1 OF THE VILLAGE OF DUBLIN CODE BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, OHIO: Section 1- That new Sections 1191.01 to 1191.14 of the Village of Dublin Code be enacted to read as follows: ~1191.01. Definitions. As used in Chapter 1191 of the Village of Dublin Code: A. "Board" means the Architectural Review Board as created in ~1191.02. B. "Structure" means a combination of materials to form a construction that is safe and stable, including, but not limited to, buildings, outhouses, barns, scaffolds, ashpits, wagons, auto trailers, junk, rubbish, excava- tions, walls or any object or thing used or maintained above or below the ground, stadia, gospel and circus tents, reviewing stands, platforms, stagings, observa- tion towers, radio towers, billboards, sheds, coal bins, fences, and display signs. "Structure" shall be con- strued as if followed by the words "or part thereof". The distinction between "structure" and "building" should be noted: "Structure" is the broader term, wh il e "building" is a restricted form of "structure". C. "Exterior architectural feature" shall mean the archi- tectural treatment and general arrangement of such portion of the exterior of a structure as is designed to be exposed to public view, including kind, color and texture of the building material of such portion and type of all windows, doors, lights, and any other fixture appurtenant to such portion, and further including any sign as defined in ~1183.09 of the Village Code. D. "Site" means any space or ground within the historic district, including ground occupied by buildings. Sites shall include parking areas, service areas, undeveloped lands and ground adjacent to structures. E. "Exterior architectural characteristics within the historic district" means the predominate historic architectural styles within the Old Dublin Historic District. The architectural character of the historic district consists mainly of three themes: 1. Simple rectangular commercial buildings with exterior construction of rubble or random Ashlar limestone, one, one and one-half, or two stories high with gable roof and ridge- line parallel to street, mainly of the era of 1820 to 1890. 2. Simple rectangular commercial buildings with exterior construction of frame with horizontal siding and corner trim, one, one and one-half, or two stories high with gable roof and ridge- line parallel to street, mainly of the era of 1820 to 1890. 3. Residential buildings with exterior construction of rubble or random Ashlar limestone, or red brick laid up in common bond, or frame with horizontal siding and corner trim, mainly of the era of 1820 to 1890. There are a number of intermixes of the above, as well as a larger number of buildings of such modest nature or so extensively remodeled so as to effectively lose all architectural importance. It is with reference to the basic architectural character of the key buildings noted above that the need for compatability in the future con- struction in the historic district should be made. Com- patability does not infer imitation, but rather a satisfy- ing response in terms of scale, building materials and detail. F. "Building Inspector" means the officer charged with the administration and enforcement of the zoning code of the buildings of Dublin. ~1191.02. Architectural Review Board. A. The Board consisting of five (5 ) voting members is hereby established. Membership of said Board shall consist of the following residents of the Village: 1. A member of the Dublin Historical Society designated by the Society. 2. A property owner who maintains his personal residence within the historic district as herein defined. -2- 3. A commercial property owner who owns commercial property within the historic district. 4. An individual who has achitectural training or has had extensive building or building inspection experience. S. A merchant who operates a commercial business within the historic district. 6. A member of the Village Planning Staff shall be a non- voting member and shall serve as secretary of the Board. B. Terms of office shall be for three years. Each member shall hold office from the date of his appointment until the end of the term for which he is appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of the term. Any member shall continue in office subsequent to the expiration of his term until his successor takes office; or until a period of 60 days has elapsed, whichever occurs first. All members shall serve without compensation. C. All present members of the Architectural Review Board shall continue in such capacity until their respective terms expire or they resign. All vacancies created by the expiration of the present members terms or resignations shall be filled in accordance with the requirements of Section A above. ~1191.03. Organization. The Board shall at its January meeting elect a chairperson, vice-chairperson and secretary. The Board shall adopt and publish rules of procedure and guidelines of the Board and provide for regular and special meetings. ~1191.04. Purpose. A. The purpose of the Board shall be to promote the educational, cultural and economic well being of the community through the preservation and maintenance of the historic district as a landmark and tangible reminder of early architecture in the Village and to prevent the deterioration of the historic district. B. The purposes of the Board shall be accomplished through regulation of construction, alteration, maintenance and demolition within the historic district to preserve its architectural features and characteristics; recommendations as to land use within the historic district to restore and maintain its basic character together with other uses appropriate to the historic district's unique nature; and any legislation designed to promote these purposes. -3- ~1191.05. Historic District Boundaries. The Village of Dublin Historic District is defined and limited by the following boundaries: East: Scioto River; North: Indian Run Stream Bed; West: The West boundary of the I.O.O.F. Cemetary located on West Bridge Street, extended North to the Indian Run; the South boundary of the I.O.O.F. Cemetary located on West Bridge Street extended East to the rear alley to the West of South High Streeti the rear alley to the West of South High Street, extended Southward to the intersection of the Cosgray Ditch; South: The Cosgray Ditch from the Scioto River, West to the intersection of an imaginary Southward extension of the rear alley West of South High Street. ~1191.06. Building Permits. No permit shall be issued by the Building Inspector for the construction of any structure in the historic district or the reconstruction, alteration, or demoli- tion of any structure now or hereafter in said historic district except in cases excluded by ~1191.13, unless the application for such permit shall be certified under ~119l.08 as involving no exterior architectural feature, or shall be accompanied by a certi- ficate of appropriateness issued under ~1191.09. ~119l.07. Certificates of Zoning Compliance. No Certificate of Zoning Compliance shall be issued by the Administrative Officer pursuant to ~1123.02 of the Village of Dublin Code, unless the appli- cation of SUcll Certificate shall be approved by the Board. ~119l.08. Certificate of Non-Applicability. Except in cases excluded by ~119l.13, every person who applies for a building permit to construct any structure in the historic district or to alter, change the exterior color of, or demolish any structure now or hereafter in said historic district shall file with the Secretary of the Board his application for such building permit together with all plans and specifications for the work involved. Within thirty (30) days, the Board shall consider such applications, plans and specifications and determine whether any exterior architectural feature is involved. If the Board determines that no exterior architectural feature is involved, it shall cause its secretary to endorse on the building permit application, certification of such determination and return the application, plans and specifications to the applicant. -4- ~ll9l.09. Certificate of Appropriateness. A. No person shall construct any exterior architectural feature in the historic district or reconstruct, alter, change the exterior color of, or demolish any such feature now or hereafter in said historic district, until such person shall have filed with the Secretary of the Board, an application for a certificate of appropriateness in such form and with such plans, specifications, and other material as the Board may from time to time prescribe and a certificate of appropriateness shall have been issued as hereinafter provided in this section. B. No person shall construct, modify, alter or change any site, including landscaping thereon, until such person shall have filed with the Secretary of the Board an application for a certificate of appropriateness in such form and with such plans, specifications, and other material as the Board may from time to time prescribe and a certificate of appropriateness shall have been issued as hereinafter provided in this section. C. Within forty-five (45) days after the filing of an appli- cation for a certificate of appropriateness, the Board shall determine whether the proposed construction, reconstruction or alteration of the exterior architectural features, site, or sign involved will be appropriate to the preservation of the historic district, pursuant to the purposes of this chapter. The Board may determine that, notwithstanding that it may be inappropriate owing to conditions especially affecting the structure or site involved, but not affecting the historic district generally, failure to issue a certificate of appropriateness will involve a substantial hardship to the applicant and that such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the interest and purpose of this chapter. In passing upon appropriateness, the Board shall consider, in addition to any other pertinent factors, the historical and archi- tectural value and significance, architectural style, general design, arrangement, texture, material and color of the exterior architectural factor involved and the relation thereof to the exterior architectural factors of other structures in the historic district. ~119l.l0. Issuance of Certificate. If the Board deter- mines that the proposed construction, reconstruction, alteration or modification of the exterior architectural feature, site or sign involved in a particular application will be appropriate or, although inappropriate, failure to issue a certificate of appro- priateness will result in substantial hardship to the applicant and issuance thereof may be made without substantial detriment or derogation as stated in ~ll9l.09(C) or if the Board fails to make a determination as described in ~ll9l.09(C), the Secretary of the Board shall forthwith issue to the applicant a certificate of appropriateness. If the Board determines that a certificate of -5- appropriateness should not be issued, the Board shall state in its records the reason for such determination and may include recommenda- tions respecting the proposed construction, reconstruction, altera- tion or modification. Thereupon, the Secretary of the Board shall forthwith notify the applicant of such determination transmitting to him an attested copy of the reasons and recommendations, if any, of the Board. ~119l.ll. Demolition. No person shall demolish any structure or exterior architectural feature now or hereafter in the historic district until there has been filed with the Board an application for a certificate of appropriateness setting forth the intent to demolish such a structure or exterior architectural feature together with a written statement that such structure or exterior architectural feature is not historically or architecturally significantly or otherwise worthy of preservation. Upon determination by the com- mission that such structural or exterior architectural feature is not historically or architecturally significant or otherwise worthy of preservation, a certificate of appropriateness shall be issued. The applicant shall then apply for a permit to demolish the structure or exterior architectural feature as required by the Village of Dublin Code. ~119l.l2. Appeal. A. Any applicant aggrieved by any decision of the Board may appeal the decision to the Board of Zoning Appeals. Such appeal shall be taken by the filing of a written statement setting forth the grounds for the appeal with the Chairman of the Board of Zoning Appeals within thirty (30) days of the decision of the Board. The Board of Zoning Appeals shall affirm the decision of the Board unless it finds that the decision is contrary to law. In the event that the Board of Zoning Appeals does not affirm the decision of the Board, it may reverse, remand, or modify said decision of the Board and shall state the reasons therefore in the minutes of its meeting and shall forward a copy of said minutes to the Board. B. Any party to the decision of the Board of Zoning Appeals may appeal the decision of the Board of Zoning Appeals to the Village Council. Such appeal shall be taken by the filing of a written statement setting forth the grounds for the appeal with the Clerk of the Village Council within thirty (30) days of the decision of the Board of Zoning Appeals. The Council shall affirm the decision of the Board of Zoning Appeals unless it finds that the decision is contrary to law. In the event that the Council does not affirm the decision of the Board of Zoning Appeals, it may reverse, remand, or modify said decision and shall state the reaons therefore. ~119l.l3. Ordinary Maintenance. Nothing in this chapter shall be construed to prevent any ordinary maintenance or repair of an exterior architectural feature or site now or hereafter located within the historic district which involves no change in -6- ! . - ma terial, design, arrangement, texture or color; nor shall anything in this chapter be construed to prevent the construction, recons truc- tio n , al tera tion, rrodifica tion, or demolition of any feature which the building inspector shall certify, pursuant to appropriate provisions of the Village of Dublin Code or state law regarding public safety, as being an unsafe or dangerous condition. ~1191.l4. Severability. The provisions of this ordinance shall be deemed to be severable, and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of any such court shall not impair any of the remaining provisions. ~1191.l5. Penalty. Whoever constructs, reconstructs, al ters , modifies, or demolishes any exterior architectural feature, site, sign now or hereafter in the historic district in violation of ~1191.0l et. seq. of the Code shall be deemed to be guilty of a minor misdemeanor. Each day that any person or entity continues to violate any of the provisions of ~119l.0l et. seq. shall constitute a separate and complete offense. Section 2. Section 1183.11 of the Village of Dublin Code is hereby repealed. Sec tion 3. The effective date of this Ordinance shall be earliest date possible under law. Passed this /3-~ day. of '7}/"tA7 ~ , 1985, with 7 of the elected members concurring. ~ Attest: /,J ..:htLZ71-i.U? LI?']. 'ttL/L-~~/ Clerk of Council -7-