Design Review Explained


CHAPTER 1311
Design Review Regulations

EDITOR’S NOTE: Pursuant to Ordinance 01-32, passed May 21, 2001, and Section 1311.03 hereof, Council approved rules, procedures and design guidelines for the Architectural Board of Review.

1311.01 Definitions.                                                                                                                                 

1311.02 Establishment of the Architectural Board of Review.                                                                                                      

1311.03 Powers and duties of the Architectural Board of Review.                                                                                                     

1311.04 Limitations on issuance of certificates of appropriateness, certificate of occupancy, and demolition permits.

1311.05 Certificate of appropriateness.

1311.06 Exclusions.

1311.99 Penalty.

 

 

 1311.01 DEFINITIONS.

The meaning of terms used in this chapter shall be as follows:

(a)        “ALTER” or “ALTERATION” means any material change in the external architectural features of any property within the Downtown Design Review District, including demolition, removal, or construction, but not including landscaping of real property. The provisions of Chapter 1311 shall not apply to any Single-Family or Two-Family Dwellings.

(b)        “APPLICANT” means any owner, owners, person(s), association, partnership, or corporation that applies for a Certificate of Appropriateness in order to undertake any change on a property subject to this legislation.

(c)                    “APPLICATION” means an application for a Certificate of Appropriateness.

(d)        “ARCHITECTURAL FEATURE” means the architectural style, general design, and general arrangement of the exterior of a building or structure including, but not limited to windows, doors, porches, signage, cornices, exterior surface materials, decorative trim, fire escapes, and other fixtures appurtenant to the exterior of the building or structure.

(e)        “CERTIFICATE OF APPROPRIATENESS” means a certificate issued by the Architectural Board of Review to authorize any new construction, demolition, or alteration to any building or structure in the area to which this legislation applies.

(f)        “CHANGE” means any alteration, demolition, removal, or construction, involving any property subject to the provisions of this legislation, including signage, but not including painting.

2009 Replacement

 

 

1311.02                                            BUILDING CODE                                              14

(g)        “DOWNTOWN DESIGN REVIEW DISTRICT” means the area described on a map attached to original Ordinance 00-57 and incorporated herein as Exhibit A. The provisions of Chapter 1311 shall not apply to any Single-Family or Two- Family Dwellings.

(h)       “MEMBER” means any member of the Architectural Board of Review as established under this legislation.

(i)                    “OWNER” means the owner, or owners of record.

(j)        “PROPERTY” means any place, building, structure, work of art, fixture, or similar object, but shall not include real property unless expressly provided.

(k)       “REVIEW BOARD” means the Architectural Board of Review established under this legislation.

(Ord. 00-57. Passed 11-6-00.)

 1311.02 ESTABLISHMENT OF THE ARCHITECTURAL BOARD OF REVIEW

(a)                    There is hereby established an Architectural Board of Review which shall have the powers and duties as are hereinafter set forth in this section. The Review Board shall consist of five (5) members who shall be appointed by the Mayor, subject to confirmation from City Council. Appointees should have a demonstrated knowledge or interest in the preservation and continued use of Tiffin’s historic resources, and a determination to work for the overall improvement of the physical and economic quality of the City’s architectural environment. These members shall be selected and appointed by the Mayor with due regard for the need for balance among diverse community interests. To the extent possible, one (1) member of the Board shall be a member of the Tiffin Historic Trust, one (1) member shall be the City Engineer and three (3) members shall be selected from the following categories (one or more members may be from the same category); a property owner within the Downtown Design Review District, a residential tenant within the Downtown Design Review District, a commercial tenant within the Downtown Design Review District, and a Seneca County resident who owns and/or operates a business in the Downtown Design Review District. All Board members shall be residents of the City with the exception of the City Engineer and the Seneca County resident described above.

(Ord. 09-10. Passed 3-2-09.)

(b)                    Members shall be appointed to serve three year terms, except in the first year when two members shall have two-year terms, two members shall have three-year terms, and one member shall have a one-year term. Members shall serve until their successors have been named. A majority of the membership of the Board shall constitute a quorum, and any action or decision of the Board shall have the support of such a majority of its members.

(Ord. 00-57. Passed 11-6-00.)

 1311.03           POWERS AND DUTIES OF THE ARCHITECTURAL BOARD OF REVIEW

(a)                                Within the boundaries of the Downtown Design Review District, and any future district established by Tiffin City Council, the Architectural Board of Review shall evaluate any proposed alterations or changes to property as herein defined. The Board’s approval of such alteration or change shall be secured before any owner of property within the Downtown Design Review District may commence work thereon. In reviewing proposed alterations or

changes to property, the Architectural Board of Review shall use as evaluative criteria the ten federal Standards for Rehabilitation established by the United States Secretary of the Interior.

15                             Design Review Regulations                          1311.05

(b)                    The Board shall, as its first order of business after the passage of this chapter, draft a policies and procedures manual that establishes guidelines for meetings, application contents, submittal and review, and any other guidelines necessary for making decisions within the District. This manual shall be submitted to Tiffin City Council for adoption. Thereafter, guidelines shall be reviewed and revised as necessary by the Board; revisions proposed by the Board must be adopted by Tiffin City Council before replacing the existing guidelines.

(Ord. 00-57. Passed 11-6-00.)

1311.04     LIMITATIONS ON ISSUANCE OF CERTIFICATES OF APPROPRIATENESS, CERTIFICATE OF OCCUPANCY, AND DEMOLITION PERMITS.

No construction, reconstruction, alteration, or demolition of any structure or significant exterior architectural feature in the Downtown Design Review District, or any future historic district Tiffin City Council may make subject to this chapter, shall be undertaken prior to obtaining a Certificate of Appropriateness from the Architectural Board of Review, and a zoning permit from the Office of the City Engineer. No zoning permit shall be issued by the Engineering Department for the construction, reconstruction, or alteration and no Permit for Demolition may be issued for the razing of any area, place, site, building, structure, object, or work of art within the Downtown Design Review District, or any future historic district Tiffin City Council may make subject to this chapter, unless the application for such permit is approved by the Architectural Board of Review through the issuance of a Certificate of Appropriateness in the manner prescribed herein. The provisions of Chapter 1311 shall not apply to any Single-Family or Two-Family Dwellings.

(Ord. 00-57. Passed 11-6-00.)

1311.05           CERTIFICATE OF APPROPRIATENESS.

(a)                    When the owner of a property within the Downtown Design Review District, or any future district, with the exception of an owner of a Single-Family or Two-Family Dwelling, intends to construct, reconstruct, alter, or demolish any portion of a structure within the district, he shall first apply for and secure a Certificate of Appropriateness from the Architectural Board of Review. The application for a certificate shall be filed with the Office of the City Engineer, together with three (3) sets of such plans, specifications, photographs of the property subject to the proposed change, and any other material that the Architectural Board of Review may from time to time request. The City Engineer shall immediately transmit such application to the Secretary of the Architectural Board of Review, and to the Tiffin City Fire Department.

(b)                    Within thirty (30) days of filing, the Board shall consider the application and all supporting materials and determine:

(1) Whether any exterior architectural feature is involved and

 (2) Whether a Certificate of Appropriateness shall be issued or denied

If the Board determines that no architectural feature is involved, it shall cause the Secretary to endorse the Certificate of Appropriateness and return the application and all supporting materials to the applicant. If the Board fails to act on an application within thirty (30) days of filing, the application shall be deemed approved.

2001 Replacement

1311.05                                    BUILDING CODE                                     16

(c)                    In the event the Architectural Board of Review finds that an architectural feature is involved in the work proposed by the application, the Board shall determine whether the proposed construction, reconstruction, alteration, or demolition is appropriate or whether it has a potentially adverse effect upon the purposes of this chapter or the Downtown Design Review District. In making such determination, the Review Board shall refer to the United States Secretary of Interior’s Standards for Rehabilitation attached to original Ordinance 00-57 and incorporated herein as Exhibit B. In the case of archeological properties, the Review Board shall refer to the Advisory Council on Historic Preservation’s Treatment of Archeological Properties: A Handbook.

(d)                    The Review Board may require any person applying for a Certificate of Appropriateness or request any person whose interests appear adverse to those of the applicant, to file with the Review Board prior to any hearing, or determination, information concerning the applicant’s intentions, or such adverse person’s interests or intentions.

(e)                    If the proposed construction, reconstruction, alteration, or demolition is determined to have no adverse effect on the Downtown Design Review District, and does not violate the spirit and purpose of this legislation, then the Review Board Secretary shall issue the Certificate of Appropriateness.

(f)                    If the Review Board determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the Downtown Design Review District, and does violate the spirit and purpose of this legislation, then the Review Board shall deny issuance of the Certificate of Appropriateness.

(g)                    In the event the Review Board determines within the thirty (30) day review period that a Certificate of Appropriateness shall not be issued, it shall state in its records the reason(s) for such determination, and may include recommendations with respect to the proposed work. The Secretary of the Review Board shall forthwith notify the applicant, the Tiffin City Fire Department, and the Office of the City Engineer of such determination and transmit to the applicant a certified copy of the reasons for denial, along with any recommendations by the Review Board.

(h)                   Upon denying a Certificate of Appropriateness, the Review Board shall impose a waiting period of at least thirty (30) days, but not to exceed ninety (90) days from the date of disapproval. During this time the applicant(s) shall negotiate with the Review Board in order to develop a compromise proposal acceptable to both parties. The first meeting between the Review Board and the Applicant(s) shall be held within thirty (30) days from the date of the denial of the Certificate of Appropriateness. If a compromise proposal is accepted by both parties, the Board may issue a Certificate of Appropriateness for the revised application.

2001 Replacement

17                             Design Review Regulations                              1311.05

(i)                    In the case of a denial of a Certificate of Appropriateness for demolition:

(1)       The Review Board and the Applicant(s) shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Review Board and the applicant(s) shall investigate all means of preserving the listed property. If the Review Board and the applicant(s) do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least every thirty (30) days after the initial meeting.

(2)                   If the applicant(s) fails to meet with the Board in good faith, at the time                                                                                                             specified, then the Board denial of the application shall stand.

(3)       If, after holding such good faith meetings within the waiting period specified by this legislation, the Review Board determines that a failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant(s), and that such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then, and in such event, the Secretary of the Review Board shall issue a Certificate of Appropriateness for such proposed demolition. A copy of the executed certificate shall be transmitted to the Tiffin City Fire Department.

(4)       If, after holding such good faith meetings in the waiting period specified by this legislation, no alternative property use is developed, or no offer to save the structure is made by the applicant, the Review Board, or a third party, then the applicant may appeal the Board’s decision to Tiffin City Board of Zoning Appeals by serving notice of the appeal to the Board within ten (10) days of the date of the Board’s decision. Such appeal shall be heard at the next regularly scheduled meeting of the Tiffin City Zoning Board of Appeals. If the Tiffin City Zoning Board of Appeals affirms the decision, the denial of the Certificate of Appropriateness will stand. If the Applicant chooses to appeal the decision of the Tiffin City Zoning Board of Appeals, he or she may seek relief from the Court of Common Pleas for Seneca County in accordance with the rules of the Administrative Procedure Act of the Ohio Revised Code.

(j)                    In the case of denial of a Certificate of Appropriateness for construction, reconstruction, or alteration:

(1)       The Review Board and the applicant(s) shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to incompatible new construction, reconstruction, or alteration within the district. If the Review Board and the applicant(s) do not agree on an alternative solution at the initial meeting, then they must continue to undertake meaningful discussions for the purpose of seeking a compromise solution, and such good faith meetings shall be held at least every thirty (30) days after the initial meeting.

1311.05                                BUILDING CODE                                  18

(2)       If the applicant(s) fails to meet with the Review Board in good faith at the time specified, then the Review Board’s denial of the Certificate of Appropriateness will stand.

(3)       If, after holding such good faith meetings in the waiting period specified by this legislation, the Review Board determines that failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant(s) and that such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this legislation, then and in such event, the Secretary shall issue a Certificate of Appropriateness for such proposed construction, reconstruction, or alteration.

(4)       If, after holding such good faith meetings in the waiting period specified herein, no alternative solution to incompatible construction, reconstruction, or alteration is reached, then the applicant(s) may appeal the decision in the manner set forth in Section 1311.05(i)(4).

(Ord. 00-57. Passed 11-6-00.)

1311.06 EXCLUSIONS

Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any property, area or object within the Downtown Design Review District or otherwise listed under the provisions of this Chapter, provided such work involves no change in material, design, texture, or outer appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the City Engineer, acting lawfully, is required for the public health and safety because of an unsafe, or dangerous condition. The provisions of Chapter 1311 shall not apply to any Single- Family or Two-Family Dwellings.

(Ord. 00-57. Passed 11-6-00.)

1311.99 PENALTY

(a)                    Whoever constructs, reconstructs, alters or changes any exterior feature of any structure, work of art, object or area in violation of this legislation, shall be charged with a minor misdemeanor and fined seventy-five dollars ($75.00) for each day the violation continues. The City may seek an injunction to stop all additional unlawful work. Each day of violation shall be deemed a separate and distinct violation for as long as one (1) year with respect to alterations. These periods correspond to those during which the Review Board may delay approval of a proposed construction or alteration. The owner(s) shall immediately remove any constructions, alterations, or changes from the property and either file an application for a Certificate of Appropriateness with the Office of the City Engineer, or resume negotiation on the current application.

(b)        Whoever demolishes any exterior feature of any structure, work of art, object or area in violation of this legislation, shall be charged with a minor misdemeanor and fined $150.00 for each day the violation continues. Each day of violation shall be deemed a separate and distinct violation for as long as two (2) years. These periods correspond to those during which the Review Board may delay approval of demolition. The City may seek an injunction to stop all additional unlawful demolition. The owner(s) shall take immediate steps to stabilize and secure the property, and either file an application for a Certificate of Appropriateness, or resume negotiations on the current application.