lst Readíng 03-26-18

ORDINANCE NO. 2018.24INTRODUCED BY: MS. ROGOFF

4099

AN ORDINANCEAMENDING AI\D REPLACING CHAPTER 1146,TIISTORIC PRESERVATION REGULATIONS OF TTIEPLAI\NING AND ZONING CODE OF' TIIE CODIF'IEDORDINA¡ICES OF TITE VILLAGE OF'CHAGRIN FALLS.

WHEREA.S, the existing Ordinances regulating historic buildings and structures are in need ofrevision to provide better protectión for properties in the Village, and the preservation of historic buildingsand structures, and to revisè the requiremenß for demolition of historically significant properties; and

WHEREAS, the Village Council has determined to comprehensively amend Chapter 1146 and torestate it in its entirety; and

\ilHEREAS, the Planning Commission on March 19, 2018 recommended to Council that theyamend Chapter lL46 as hereinafter set forth; and

\ryIIEREAS, Council has held a public hearing onOrdinance.

2018 on this

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGEoF CHAGRTN FALLS, CUYAHOGA COUNTY, STATE OF'OHIO:

SECTION 1. Chapter 1146 of the Planning and Zomng Code js heleby amended in itsentirety to read as set forlh iñ Exhibit "A" attached hereto and incorporated herein.

SECTION 2. The existing Chapter 1146, Historic Preservation Regulations, is amendedto read and provide in its entirety, with underlining for additions and strikeouts for deletions as

set forth in Exhibit "B" attached hereto and incorporated herein.

SECTION 3. That in accordance with Section 113.01 of the Codifred Ordinances of theVillage of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereoffor not less than fifteen (15) days in the Village Hall.

SECTION 4. That actions of this Council concerning and relating to the passage of thislegislati,on were adopted in lawful meetings of this Council and that all deliberations of thisCõuncil and of any of its corn*ittees that resulted in such formal action were in compliance withall legal requirements, including Chapter 114 of the Codified Ordinances of the Village ofChagrin Falls.

SECTION 5. That this Ordinance shall take effect and be in fuIl force after the earliestperiod allowed by law.

PASSED:Karl Maersch, Council President

Submitted to the Mayor forhis approval on this

_ day of 2018

Approved by the Mayor this

day of

posted in accordance with Section 11Falls.

2018

Mayor V/illiam Tomko

I hereby certify that Ordinance No. 2018- was duly enacted on the day of2018, by the Council of the Village of Chagrin Falls and

3.01 of the Codified Ordinances of the Village of Chagrin

Clerk of Council

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EXHIBIT "A''

CHAPTER 1146Historic Preservation Regulations

1146.0l Intent.1146.02 Applicability.1146.03 Administrative procedures.1146.04 Standards of review.1146.05 Definitions.1146,06 Demolition and moving.1146.07 Maintenance requirements.1146.08 Supplemental regulations.

CROSS REFERENCESArchitectural Board of Review - see CHTR. Art. VII, Sec. 9; ADM. Ch. 137Plans arid drawings - see BLDG. Ch. 1305Permits - see BLDG. Ch. 1307Moving buildings - see BLDG. Ch. 1337

1146.0I INTENT.In order to maintain and enhance the distinctive historic character of the Municipality these

regulations are established to achieve, among others, the following objectives:(a) To foster a sense of community identification; and civic pride by maintaining

structures which reflect periods and events in the history of the community and itsregion;

(b) To stimulate the local economy by encouraging investment in historic resources andprotecting the community assets which support current commercial activity;

(c) To protect property values within the Municipalþ by preventing environmentalchanges which diminish the area's unique historic character;

(d) To recognize the importance of preserving structures that contribute to the traditionalvillage land use pattern; and

(e) To avoid demolition of or incompatible alterations to historic structures.(Ord. 2007-1 9. Passed 7 -23-07 .)

LI46.O2 APPLICABILITY.(a) No building or other structure in the Municipality shatl be erected, altered in exterior

construction or appearance, enlarged, moved or demolished unless such actioncomplies with the provisions of this chapter. Applicability of these provisions islimited to structures of historic significance and sites in proximity to such structures.See Section 1146.05 for an explanation of terms.

(b) The painting of buildings and structures shall not be govemed by these regulations.For the purposes of this Chapter a structure shall include building or a portion thereof.

(Ord. 2002-26. Passed 5-13-02.)

1 146.03 ADMINISTRATIVE PROCEDURES.The following procedures are established to govern the processing of applications for

building permits and other municipal authorizations in accordance with the regulations of this

L

chapter.(a) Mandatory Refenal.

(Ð Ar dtiected by Section 1109.05(b)(1), all requests for building permits shall bereferred to the Architectural Board of Review for a determination of compliancewith this Chapter. The Architectural Board of Review may obtain theassistance of an expert in historic architecture to assist it in determining whethera proposed project satisfies the requirements of this chapter. (Ord.2007-t9.Passed 7-23-07.)

(2) All requests for demolition of any structure or any portion of any structurewhich is more than fifty (50) years old shall be accompanied by a deposit of fivehundred dollars ($500.00). All requests to make an addition to or alteration ofany structure or any portion of any structure which is more than fifty (50) yearsold shall be accompanied by a deposit of three hundred dollars ($300.00). Asprovided below, the request shall be refened to the Architectural Board ofReview. The Architectural Board of Review shall apply the standards set forthin Section 1146.06 hereof to determine whether or not demolition is permitted.

(Ord. 2015-10. Passed 4-13-15.)A. Advice of Expert on Historic Significance. When an applicant requests a

permit to demolish any structure or any portion thereof that is more thanfifty (50) years old but less than one hundred (100) years old, theAdministrator shall engage the assistance of an expert in the field of thehistory of architecture, who shall make a recommendation to theArchitectural Board of Review regarding whether or not the structure is aHistorically Significant Property, The expert shall be paid out of thedeposit made pursuant to paragraph (a)(2) hereof, and the remaining fundsfrom such deposit, if any, shall be retumed to the applicant.

(Ord. 2007-1 9. Passed 7 -23-07,)B. Advice of Expert on Economic Feasibility. If in reviewing a request for

demolition, a majority of the Architectural Board of Review, by motion,requests the advice of an expert to assist in the analysis of determiningwhether or not the repair, or rehabilitation of a Historically SignificantProperty is Economically Feasible, the Administrator shall determine,after review with the Architectural Board of Review whether theMunicipality should engage an expert at Municipality expense, toprovide such advice. The Administrator shall presume the need for adviceis warranted unless compelling circumstances warrant the denial of suchadvice.

(Ord. 2015-10. Passed 4-13-15.)C. Advice of Expert on Additions and Alterations. When an applicant

requests a permit to add to, or in any material way (other than painting)alter the exterior of, any structure that is more than fifty (50) but less thanone hundred (100) years old, the Administrator shall engage theassistance of an expert in the field of the history of architecture, who shallmake a recommendation to the Architectural Board of Review regardingwhether or not the structure is a Historically Significant Property, andwhether the proposed addition or alteration is Compatible with the existing

2

structure and other historic structures in proximity thereto. When thestructure or any portion thereof has been determined by the Municipalityto be at least 100 years old, it shall be conclusively presumed to be aHistorically Significant Property. The advice of an expert shall not berequired unless the Administrator needs such assistance to determine the

, age of the structure, or any portion thereof. The Administrator shall obtainthe expert opinion to determine if the proposed material alteration oraddition will have an adverse effect on the Historical Significance of thestructure. The expert shall be paid out of the deposit made pursuant toparagraph (a)(2) hereof, and the remaining funds from such deposit shallbe retumed to the applicant.

(b) Approval/Disapproval. The Architectural Board of Review shall approve, approve withmodification or disapprove the application in accordance with the review and approvalprocedures set forth in Section 1109.05. In conjunction with any motion to grant the requestof the applicant, the members of the Architectural Board of Review shall identiff facts whichhave been presented to the Architectural Board of Review which the members believe aresupportive of their decision in the case. It is not sufficient for the Architectural Board ofReview to identify the ultimate fact to be determined (e.g., Compatibility or HistoricSignificance), but the members of the Architectural Board of Review, when stating or votingon the motion to grant the request of the applicant(s), shall identiff the specific factspresented in the matter before them which cause them to reach their conclusion and supporttheir vote; if any member states facts with which a second member agrees, the secondmember may indicate so, generally, and/or may distinguish his or her findings relative tofacts previously stated. The facts identified and agreed upon by a majority of theArchitectural Board of Review shall be deemed the Conclusions of Fact of the ArchitecturalBoard of Review; provided that if no majority vote is obtained, the motion shall be deemeddefeated and facts adopted by those who voted in opposition to the motion shall be deemedthe Conclusions of Fact of the Architectural Board of Review.(c) Notifications. The Architectural Board of Review shall notify the applicant in writing ofthe time and location of its meeting. Subsequent to that meeting, the Architectural Board ofReview shall notiff the applicant in writing of its determination, stating reasons for adetermination of disapproval.(d) Appeal. Any interested party may appeal the determination of the Architectural Boardof Review to the Board of Zoning Appeals, in accordance with the terms of Chapter I 1 I 1 ofthe Codified Ordinances.(e) Mandatory Stay of Demolition. No permit to demolish shall be issued by theAdministrator for thirty (30) days following the final administrative adjudication by theMunicipality, and in the event the appellate court(s) reviewing the matter issue a stay, nodemolition permit shall be issued pending the final outcome of the administrative appeal.

(Ord. 2007- 1 9. Passe d 7 -23-07 .)

1146.O4 STANDARDS OF REVIE\ry.In its review of applications, the Architectural Board of Review shall:

Consider the historical and architectural nature of existing buildings, signs and structureswithin the Municipality and the compatibility of proposed changes or proposed newbuildings, signs and structures with such existing buildings, signs and structures;

3

(a)

(b)

(c)(d)

(d)

Consider the recommendations of any reports that have been submitted to theArchitectural Board of Review by experts,Consider the design standards of Section 1 146.08; andFollow the guidelines set forth below:

(1) Preservation of features. The distinguishing original qualities or character of aHistorically Significant Property shall not be destroyed. Removal or alteration ofhistoric material or distinctive architectural features shall be avoided. (Ord. 2007'19.Passed 7-23-07.)

(2) Replacement of features. Consistent with the concept of responsible propertymaintenance, deteriorated or damaged architectural features shall be repaired ratherthan replaced. In the event that the Architectural Board of Review determines thatreplacement of architectural features on a Historically Significant Property isnecessary, the new material should closely match the material being replaced incomposition, design, color, texture and other visual qualities. (Ord. 2015-10. Passed4-13-Ls.)

(3) Compatibilit)¡. Alterations, additions and new development shall be compatible inscale, material and character with the design of the subject property and any structuremore than fifty (50) years old in Proximity to the subject property. New structuresmay be constructed in accordance with a different architectural style than suchstructures.

(4) Contemporary design. All structures shall be recognized as products of their owntime. Alterations, additions and new development which have no historical basis andwhich seek to create an earlier appearance shall not be required. Conversely,compatible contemporary design shall not be prohibited or discouraged except wheresuch design would clearly detract from the architectural unity of an ensemble orgroup of structures more than fifty (50) years old.

(5) Cleaning. The surface cleaning of a Historically Significant Property shall beundertaken by the gentlest means possible. Sandblasting and other cleaning methodsthat may damage the historic building materials shall not be permitted.

(6) Accessory structures. Fences, walkways, street lights, and other accessory structureslocated in Proximity to structures more than (50) years old shall be compatible indesign with the character of such properties.

(7) Sisns. In addition to meeting the requirements of Chapter 1143, signs located onHistorically Significant Properties or in Proximity to any structure more than fifty(50) years old ,shall be compatible in color, material, placement and character withthe architectural style of such Properties.

Apply the following burdens of proof when evaluating applications under this Chapter:(l) Any person asserting that a structure is an Historically Significant Property bears the

burden ofproving the assertion by clear and convincing evidence; provided, that anystructure which is more than one hundred (100) years old shall be presumed to be anHistoricatly Significant Property, and any party asserting that such structure is not aHistorically Significant Property shall bear the burden of proving the same by clearand convincing evidence.

(2) If new construction is proposed, the design of the new construction shall be permittedunless it is proven, by a preponderance of the evidence that the new building is notcompatible with any structure more than fifty (50) years old that is in Proximity to the

4

(a)

(b)

proposed new building. Nothing herein shall limit the authority of the Architecturalboard of Review to require a property owner to adhere to proper architecturalprinciples in the design, use of materials, finished grade lines and orientation of theõonstruction of the new building or to make recommendations to the applicantregarding the proposed design.

(3) Ifãn additionio, òr exterior alteration of, an existing Historically Significant Propertyis proposed, the applicant shall bear the burden of proving, by clear and convincing.uid.n"., that thcproposed addition or alteration is consistent with the historicallysignificant featurei of the structure such that the historically significant features shallbe preserved.

(4) lf aparty proposes the demolition of a Historically Significant Property, that partybears the ùurd.n of proving, by clear and convincing evidence, that the demolition ispermissible pursuant to Section 1146.06 hereof.

(Ord. 2007-19. Passed 7 -23-07 .)

1146.05 DEFINITIONS.As used in this chapter, the following terms shall have the meaning given herein:

A "Historically Significant Property" means (i) any structure which is more than onehundred (100) years old, or, (ii) any structure that is fifty (50) years old and:

(1) Is listed individually in the National Register of Historic Places (a listing maintainedby the U.S. Department of Interior); or preliminarily determined by the Ohio HistoricSite Preservation Advisory Board as meeting the requirements for individual listingson the National Register; or

(2) Is within the boundaries of the Chagrin Falls West Side District, the Chagrin FallsTriangle Park Commercial District (+Boundary Increase), the Chagrin Falls East SideHistoric or a registered historic district or a district preliminarily determined by theOhio Historic Site Preservation Advisory Board to qualiff as a registered historicdistrict. The districts named in this paragraphare depicted on maps available in theoffice of the Administrator; or

(3) Consistent with the criteria used to determine National Register eligibility, possesses

one or more of the following attributes:A. Is associated with events that have made a significant contribution to the broad

patterns of Municipality history; orB. Is associated with the lives of persons significant in the Municipality's past; orC. Is a structure which:

1. Embodies the distinctive local characteristics of a type, period or method ofconstruction; or

2. Represents the work of a local Master as defined herein; or3. Possesses high artistic values; or

D. Has yielded or may be likely to yield, information important in the prehistory orhistory of the Municipality.

"Compatible'i for the purposés of this chapter means that a design does not materiallyimpact the economic or historical value of a Historically Significant Property."Pioximity" for the purpose of determining compatibility of design pursuant to Section1146.04 means the potential for one property, by virtue of its location, to materially and

adversely affect a Historically Significant Property.

5

(c)

(Ord. 2007-19. Passed 7 -23-07 .)(d) "Economically Feasible" means that the costs of the necessary repair and rehabilitation of

a Historically Significant Property, when combined with the market value of any non-historic buildings or portions thereof in their current condition and the market value ofthe land upon which the Historically Significant Property resides, do not exceed themarket value of the real property after the necessary repair and rehabilitation of theHistorically Significant Property has been completed. Such analysis shall be based on thereasonable expectations in the marketplace for comparably located, aged and constructedstructures by an amount beyond what a willing and reasonably prudent buyer wouldagree to pay for a Historically Significant Property in a Historic District if the structureis located within a Historic District, or, if the structure is not located within a HistoricDistrict, then within the neighborhood.

(e) "Preservation" means the act or process of applying measures necessary to sustain theexisting form, integrity and material of a Historically Significant Property.

(Ð "Restoration" means the retuming of any historically significant building to its originalcondition or to its condition at a specifically identified time in its history as it has evolvedbased on supporting visual and documentary evidence and physical analysis of theproperty. The intent of restoration is to accurately restore the character-defininghistorical elements of the property to their original or selected later date apperlrance whenit achieved its historical importance. Conjectural restoration is not acceptable.

(g) "Repair" means the fixing or mending of any building that has suffered natural or man-made damage due, for example, to wind, water, fire, vandalism or long-term failure toproperly maintain it. Repair does not imply nor does it encourage restoration, although itmay become part of the process for a building undergoing restoration.

(h) "Rehabilitation" means the renovation of any building, in its present condition, forcontinued use, or its adaptation to a new use. To meet the Secretary of the Interior'sStandards for Rehabilitation, the owner must retain the surviving historically-important,character-defining components of the building but is not required to restore it to itsoriginal historical appearance or configuration, which may have changed over the years.

(Ð o'Reconstruction" means the building of a replica of a structure, or any portion thereofthat has been destroyed, based upon supporting visual and documentary evidence and,possibly surviving fragments. (Ord. 2015-10. Passed 4-13-15.)

ú) "Master" means a figure of generally recognized greatness in a field, a known craftsmanof consummate skill, or an anonymous craftsman whose work is distinguishable fromothers by its characteristic style and quality. The property must express a particular phasein the development of the Master's career, an aspect of the Master's work, or a particularidea or theme in the Master's craft.

1146.06 DEMOLITION AND MOVING.(a) Demolition. The demolition of a Historically Significant Property shall not be

permitted unless one of the following conditions exists:(1) Demolition has been ordered by the Administrator for public safety because of an

unsafe or dangerous condition that constitutes an emergency.(Ord. 2007-19. Passed 7-23-07.)

(2) The owner demonstrates that the Historically Significant Property is either not

6

habitable or otherwise not safe; or the Repair or Rehabilitation of the structure isnot Economically Feasible and the property's condition did not result fromdamage which has been purposefully caused to the property, or allowed to occurdue to the neglect of the owner or previous owners with the likely intention ofmaking the Repair or Rehabilitation of the structure not Economically Feasible.No permit to demolish will be permitted under this paragraph (a)(2) or (3) hereofunless the owner or owner's representative obtains final approval from theArchitectural Board of Review for the structure(s) which will replace the structureto be demolished.

(Ord. 2015-10. Passed 4-13-15.)(3) The owner demonstrates to the satisfaction of the Architectural Board of Review

that denial of the demolition is inconsistent with a legitimate interest in the health,safety and welfare of the Municipality.

(a) The demolition request is for an inappropriate addition or any portion of astructure that is not historically significant, and, the demolition will not adverselyaffect those parts of the structure that are found to be a Historically SignificantProperty as determined by the Architectural Board of Review.

(b) Moving. No Historically Significant Property may be moved from its currentlocation unless the Architectural Board of Review determines that the moving of thestructure will not materially and adversely impact the historical character of anystructures more than fifty (50) years old in Proximity or adversely affect thesignificance of any Historic District in which such structure may be located.

(Ord. 2007-1 9. Passed 7 -23-08.)

1146.07 MATNTENANCE REQUIREMENTS.(a) Nothing in this chapter shall be construed to prevent or delay the rehabilitation,

alteration or demolition of any structure or feature which has been ordered by theAdministrator upon certification of an unsafe condition constituting an emergency.

(b) Similarly, nothing in this chapter shall be construed to govern or restrict routinemaintenance activities, which do not represent alterations in exterior appearance.

(c) The owner of any structure, even if vacant and uninhabited, shall provide sufficientmaintenance and upkeep for such structure to ensure its perpetuation and to preventits deterioration. This provision shall be in addition to all other applicable provisionsof the Building Code.

(Ord. 2002-26. Passed 5-13-02.)

1146.08 SUPPLEMENTAL REGULATIONS.Design Guidelines relating to the responsibilities and duties of the Architectural Board of

Review based on the foundation of the Charter and Codified Ordinances of the Municipalitywere adopted by Chagrin Falls Vitlage Council on October 10,2005. For additional designregulations for specific uses or zoning districts refer to the following among others:(a) Building and site design regulations for attached single family development in the

ASF District as set forth in Sections 1127.07(a) and 1127.07(b).(b) Regulations for garages in the ASF District as set forth in Section 1127.08(b).(c) Building and site design regulations for multifamily development in the MF District as

set forth in Sections 1129.07(a) and 1129.07(b).

7

(d)

(e)(Ð

(e)(h)

(Ð

ú)

Building and site design regulations for attached single family development andmultifamily development in the RMU District as set forth in Sections 1130.09(a)and 1130.09(b).Regulations for garages in the RMU District as set forth in Section 1130.10(d).Building and site design regulations for the RL District as set forth inSections 1 131.07(a), 1 13 1.07(b), 1 131.07(c), and 1 131.07(d).Regulations for garages in the RL District as set forth in Section 1 131.08(b).Modification of side yard depth requirements in the Office District as set forth inSection 1 I 35.0a(c)(2).Modification of side yard depth requirements in the Retail Business District as setforth in Section ll37.Ùa@)Q).Design regulations for canopies at automobile service stations in the Retail BusinessDistrict as set forth in Section 1137.05(bX3).Modification of side yard depth requirements in the Central Shopping District as setforth in Section 1138.04.Fencing for utility uses as set forth in Section 1142.07(b).Design standards for signs as set forth in Section 1143.08.Design standards for cluster development as set forth in Section 1150.05(d)and 1150.05(h).(Ord.2002-26. Passed 5-13-02; Ord. 2006-15. Passed 5-22-06.)

(k)

(t)(m)(n)

I

EXHIBIT (o8"

CHAPTER 1146Historic Preservation Regulations

ll46.0L Intent.1146.02 Applicability.1146.03 Administrative procedures.1146.04 Standards of review.f 146.05 Definitions.1146.06 Demolition and moving.1146.07 Maintenance requirements.1146.08 Supplemental regulations.

CROSS REFERENCESArchitectural Board of Review - see CHTR. Art. VII, Sec. 9; ADM. Ch. 137Plans and drawings - see BLDG. Ch. 1305Permits - see BLDG. Ch. 1307Moving buildings - see BLDG. Ch. 1337

1146,0I INTENT.In order to maintain and enhance the distinctive historic character of the

ViLlâgeMgigipalily these regulations are established to achieve, among others, the followingobjectives:

(a) To foster a sense of community identification; and civic pride bypresefvingmgigl¿igi$g structures which reflect periods and events in the history of thecommunity and its region;

(b) To stimulate the local economy by encouraging investment in historic resources andprotecting the community assets which support cunent retallgg!ßmglgigl activity;

(c) To protect property values within the ¡liltæp\¿[ugiçipellllby preventingenvironmental changes which diminish the area's unique historic character;

(d) To recognize the importance of preserving structures that contribute to the traditionalVit+ageyiflggg land use pattern; and

(e) To avoid demolition of or incompatible alterations to historic structures.(Ord. 2007- 1 9.-_ Passe d 7 -23 -07 .)

1146.O2 APPLICABILITY.(a) No building or other structure in the M++ageMuutçtpêlily shall be erected, altered in

exterior construction or appearance, enlarged, moved or demolished unless suchaction complies with the provisions of this chapter. Applicability of these provisionsis limited to structures of historic significance and sites in proximity to suchstructures. See Section t t+0.an explanation of terms.

(b) The painting of buitdings and structures shall not be governed by these regulations.For the purposes of tliis Cliapteu¡ stmcture shall inolucle builcling or a portion thereof'.

(Ord. 2002-26. Passed 5-13-02.)

I ttl6.03 ADMINISTRATIVE PRocEDURES.

L

The following procedures are established to govern the processing of applications forbuilding permitsãnd other municipal authorizations in accordance with the regulations of thischapter.(a) Mandatory Refenal.

(1) x1),all requests for building permits shall be refemed to the Architectural Board ofReview for a determination of compliancewith@is@ The Architectural Board of Review may obtain theassiitance of an expert in historic architecture to assist it in determining whethera proposed project satisfies the requirements of this chapter. (Ord. 2007-19.Passed 7-23-07.)

(2) All requests for demolition of *any structure o¡: any structurewhich is more than fifty (50) years old shall be accompanied by a deposit of fivehundred dollars ($500.00). All requests to make an addition to or alteration ofrany structure or any poftiono1.an), structure which is more than fifty (50) yearsold shall be accompanied by a deposit of three hundred dollars ($300.00).-- Asprovided below, the request shall be refered to the Architectural Board ofReview-¡¡¡itlr e¡ reesmnl endadthe streeture is an Histerieally $igni*ieant Preperty, i The Architeotural Boardof Review shall apply the standards set forth in Section{.146S6 1146.06 hereofto determine whether or not demolition is permitted.

(Ord. 2015-10. Passed 4-13-15.)A,- \Mhen an aPPlicant

requests a permit to demolish am.y structure or an)¡ portion thereof that ismore than fifty (50) years olcl*but less than.one hundred (100) years old,the Adqrinistratol shall engage tbe assistance of an expert in the field oftl:re history of,architecture. who shall make a recommendation to the

l"listgrically significanr Propefiy" The expeJt shal_l bq_paid out of thedeposit made pursuant to paragraph (.aX2) hereofl and the remaining lu.ncls

tiom such deposit. if any. shall be returncd to the applicant.ßrd.2407-19. Passerl 7-23-07.\

B

lequests the advice of an exrlert to assist in the analvsis of cleterrniningwhether ol'nclt tire repair. or rehabilitation of a Historicallv SiqnificantPropertv is Economioall:v þ'easible. thc Administrator shall determine"after review with the Arçhitectural Board of Review whether theMunicipality should engage an expert at Municipality expense. to

acfvice.'Ihe shall the need advice

advice.0. Passed 4-13-15.)

al

Bo

t7

2

ßrd.2015-l

more

50 butshall engage the assistance of an expert in the field of the historyarchitecture, who shall make a recommendation to the Architectural Boardof Review regarding whether or not the structure is ar+His'terieally

theother

to beshall to

needs such sislance to detennine the aøe of'the structure. or anv nortion

the proposecl material alteration or adclition will have an adverse effect onthe Historical Significance of the structure. The expert shall be paid out ofthe deposit made pursuânt to paragraph (a)(2) hereof, and the remainingfunds from such deposit shall be returned to the applicant.

srrall@B, ,ri+': .- ^+lF-"f¡-+ ¡r P^^ it}*rA

eleù

e , J ¡"': ^ +:5-.fa*t¿,.-¡ r tì¿iaao-oaJ--¡'l*s'tiæ When an applie**rt requests a perniit te

Signifieant Preperty, as defìned by Seetien 1 t a n< of this ehapter; errd lvhetlrer tlre preÞêseel

adãidon or alte*'srtien is eompatible rvitlr the existing strueturc and other historie sk'tletures inp*'oxirn,ity $rerelo, The eN-pert shall be paid eu+of tlre depesitslede pursuant to patragra, þ@(Ð

(b) r pproval/Bisappr approve'approve with modification or disapprove the application in accordance with the review andapþrova1proceduressetforthinSectionWInconjunctionwithaggymotiontó grant the request of the applicant, the members of the Architectural Board of Review shallidentify facts which have been presented to the Architectural Boardp.f.Sgyþw which themembers believe are supportive of their decision in the case.-- It is not sufficient for theArchitectural Board of Review to identify the ultimate fact to be determined (e.g.,Compatibility or Historic Significance), but the members of the Architectur:¿il Boardpi['Iìeviõw, when stating or voting on the motion to grant the request of the applicant(s), shallidentify the specific facts presented in the matter before them which cause them to reach theirconclusion and support their vote; if aany member states facts with which a second memberagrees, the second member may indicate so, generally, andlor may distinguish his or her

of

1S

3

findings relative to facts previously stated.-- The facts identified and agreed upon by amajority of the Architecftrral Boardthe Alchitecttral Board ol'

of Revieu¿.shall be deemed the Conclusions of Fact ofprovided that if no majority vote is obtained, the motion

shall be deemed defeated and facts adopted by those who voted in opposition to the motionshall be deemed the Conclusions of Fact of the Arcl'ritectu.ral Board of Review.(c) Notifications. The Architectural Board of Review shall notify the applicant in writing ofthe time and location of its meeting.-_ Subsequent to that meeting, the Arohitectual Board-g!'Review shall notify the applicant in writing of its determination, stating reasons for adetermination of disapproval.(d) Appeal. Any interested party may appeal the cletermination of the Architectulal Boardof Review to the Board of ZoningAppeals, in accordance with the terms of Chapter*lllLef11 I 1 of the Codified Ordinances.(e) Mandatory Stay of Demolition.-_No permit to demolish shall be issued by the Vi{+€eAdministrator for thirty (30) days following the final administrative adjudication by thelø+laætvtunicip¿ity. an¿ ir

shall be issuecl(Ord. 2007-1 9. Passe d 7 -23-07 .)

1146,04 STANDARDS OF REVIE\ry.In its review of applications, the Architectural Board of Review shall:

(a) Consider the historical and architectural nature of existing buildings, signs and structureswithin the Municipality and the compatibility of proposed changes or proposed newbuildings, signs and structures with such existing buildings, signs and structures;

(b) eensider the design standards-o$Seetier 1 146$&-and

&L--{Ð-Consi¿er ttre recomArchitectural Board of Revigw by experts.

(c) Consider the design standanJs of Section 1146.08; and(åX¿l.LFollow the guidelines set forth below:

(1) Preservation of features.-_ The distinguishing original qualities or character of an4Historically Significant Property shall not be destroyed. Removal or alteration ofhistoric material or distinctive architectural features shall be avoided. (Ord. 2007'19.Passed 7-23-07.)

(2) Replacement of features.-_ Consistent with the concept of responsible propertymaintenance, deteriorated or damaged architectural features shall be repaired ratherthan replaced.-_ In the event that the Architectural Board of Review determines thatreplacement of architectural features on elr¿ Historically Significant Properly isnecessary, the new material should closely match the material being replaced incomposition, design, color, texture and other visual qualities. (Ord. 2015-10. Passed4-13-1s.)

(3) Compatibility. Alterations, additions and new development shall be compatible inscale, material and character with the design of the subject property and any

structure more than fifty (50) vears old in Proximityto the subject property. New structures may be constructed in accordance with adifferent architectural style than .

(4) Contemporary design. All structures shall be recognized as products of their owntime. Alterations, additions and new development which have no historical basis and

4

(d)

which seek to create an earlier appearance shall not be required. Conversely,compatible contemporary design shall not be prohibited or discouraged except wheresuch design would clearly detract from the architectural unity of an ensemble or

cl.group of(5) Cleaning. The surface cleaning ofu Historically Significant Property shall be

undertaken by the gentlest means possible. Sandblasting and other cleaning methodsthat wi#rugy damage the historic building materials shall not be permitted.

(6) Accessory structures.-- Fences, walkways, street lights, ffi$.and other accessorystructures located in p*exi¡*ityPloximily tostructures mole than (50) years old shall be compatible in design with the character ofsuch properties.

(7) Sigqt In addition to meeting the requirements of Chapter=tlzl"3 L !¡!3, signs located onHistoricall]' Significant Propertics or in prexinri+ylfqxilgiIy to His+exieallySignifreant Prerpeities rn)r siructurp rnore than fift)' (5-0) )'ears olcl "shall be compatiblein color, material, placement and character with the architectural style of suchProperties.

Apply the following burdens of proof when evaluating applications under this Chapter:(1)-

-Any person us.tting thatastructure is an Historically Significant Property bears the

burden of proving the assertion bYevidence; providðd, that any structure which is more than one hundred (100) years oldshall be presumed to be an Historically Significant Property, and any party assertingthat sucli structure is not a:r4 Historically Significant Property shall bear the burden ofproving the same bV evidence'

(2) Îf n.*.onstruction is proposed, the design of the new construction shall be permittedunless it is proven,by apreponderance of the evidence; that the new building is notcompatible with ariy structure morç{han fifty (.50)

years olcl that is in prexi*nityffqxigily to the proposed new building. Nothing hereinshall limit the authority of the Architectural Board of Review to require a propertyowner to adhere to proper architectural principles in the design, use of materials,finished grade lines anã orientation of the construction of the new building or to makerecommendations to the applicant regarding the proposed design.

(3) If an addition to, or exterior alteration of, an existing Historically Significant Propertyis proposed, the applicant shall bear the burden of proving, by clear and convincing

"uid"tr"., that the proposed addition or alteration is consistent with the historically

significant featurei of th" structure such that the historically significant features shallbe preserved.

(4) If aparty proposes the demolition of ang Historically Significant Property, that partybears the b*den of proving, by clear and convincing evidence, that the demolition ispermissible pursuant to Section 1146.06 hereof.

(Ord. 2007-1 9. Passe d 7 -23-07 .)

1146.05 DEI'INITIONS.As used in this chapter, the following terms shall have the meaning given herein:

"Historically Significant Property" means (i) any structUre which is moretharí one hunclrcd (l 001 yéars õld. or" (ii) any structure that is fifty (50) years old and:

(1@lyintheNationalRegisterofHistoricPlaces(alistingmaintained

5

(a)

by the U.S. Department of Interior); or preliminarily determined by the Ohio HistoricSite Preservation Advisory Board as meeting the requirements for individual listingson the National Register; or

(2) ions within the

boundaries of the Chagrin Falls West Sicle District. the Chagrin Fal.ls Triangle ParkCommercial District (+Boundari¡ Increase). the Chagrin Falls East Side Historic or aregistered historic district or a district preliminarily determined by the Ohio HistoricSite Preservation Advisory Board to qualify as a registered historic district-Tþgclistricts namecl in this paragraph are clepicted on maps available in the office of theAdministrator; or

(3) Consistent with the criteria used to determine National Register eligibility, possessesone or more of the following attributes:A. Is associated with events that have made a significant contribution to the broad

patterns of Vi+taeel4Un iqip4lillhistory; orB.Isassociatedwiththelivesofpersonssignificantinthe@

past; orC. Is a structure which:

1. Embodies the distinctive local characteristics of a type, period or method ofconstruction; or

2. Represents the work of a local ; or3. Possesses high artistic values; or

D. Has yielded or may be likely to yield, information important in the prehistory orhistory of the Vl$aæMuslpalily.

(b) "Compatible" for the purposes of this chaptery means tha| a design does not materially*n*aave+selfimpact the economic or historical value of eng Historically SignificantProperty.

(c) "Proximity" for the purpose of determining compatibility of design pursuant to Section1146.04 means the potential for one property, by virtue of its location, to materially andadversely affect ang Historically Significant Property.(Ord. 2007-1 9. Passed 7 -23-07 .)

(d) "Economically Feasible" means that the costs of the necessary repait ¿nd rehabilitation errest€rð[ion of an4 Historically Significant Property, when combined with the ees{maúgrygluqof any non-historic buildings or portions theïeol. in their cuffent condition and the market valueof. tJre land upon which the Histodcally Significant Property resides, do not exceed the f-air I

market value of the real property after the necessary repair-, inçlrehabilitation er+este*atien-ofthe Historically Significant Property has been completed. Such analysis shall be based on tlie

in thestructures b)¡ an amount be)'ond what a willing and reasonably prudent buyer woulcl agree to pay

ais

lreishborhood.

(e) "Preservatien" nrea*rs tlre s+r4ng and eeintineed eÉÌr'efìtl rneintenanee ef â building thaÊ is

the

6

(e) -{Ð-"Irreservation" rneans the act or process of applying measures necessary to sustainthe existing f'orm. integriq¡ and material qf a llistorically Signiticant ProPertY.

@0)_"Restoration" means the returning of aggy historically significant building to its originalcondition or to its condition at a specifically identified time in its history as it hasevolved; based on supporting visual and documentary evidence and physical analysis ofthe property.-_ The intent of restoration is to accurately restore the character-defininghistõrical eiements of the property to their original or selected later date appearance whenit achieved its historical importance. Conjectural restoration is not acceptable.

| úDrgì "Repair" means the fixing or mending of aAUy building that has suffered natural or man-ma¿e damage due, for example, to wind, water, fire, vandalism or long-term failure toproperly maintain it. Repair does not imply nor does it encourage restoration, although itmay become part of the process for a building undergoing restoration.

| 6gûÐ *"R"habilitation" means the renovation of agny building, in its present condition, forcontinued use, or its adaptation to a new use. To meet the Secretary of the Interior's

I Standards for Rehabilitation, the develeper.p¡mg must retain the surviving historically-i*portant, character-defining components of the building but is not required to restore itto its original historical appearance or configuration, which may have changed over theyears.

(åXi) "Reconstruction" means the buitding of a replica of a structure, or any pofiion theredthat has been destroyed, based upon supporting visual and documentary evidence and,possibly surviving fragments. This teehn,ique is r¿uiel)' ssed'aad is usuËil'ly eorrtrined te

@ (Ord. 2015-10. Passed 4-13-15.)of in

of'consummate skill" or an anonlumous craftsman whose wolk is distingrlishable l.romle ancl

idea or therne in Master's craft.

*1146.06 DEMOLITION AND MOVING.(Ð Demolition*rehibi{ed*Exeep{isrs,-,- The demolition of ang Historically Significant

Property shall not be permitted unless one of the following conditions ex-is+gxislg:(1) bemolition has been ordered by the Administrator for public safety because of an

unsafe or dangerous condition that constitutes an emergency.(Ord. 2007-19.-- Passed 7-23-07.)

(2) The owner demonstrates that the Historically Significant Property is either nothabitable or otherwise not safe;l gI the repai*t*eMRePairor Rehabilitation of the prêpe#ySUUçlUIg is not e€{raoffiie&lly

and the property's condition did not result fromdamage which has been purposefully caused to the property, or allowed to occurdue to the gress-neglect of the owner or previous owners with the likely intentionof making the of the prepertyS:ltUElu¡g notEconomically Feasible.-_ No permit to demolish will be permitted under thisparagraph (a)(2) or (3) hereof unless the owner or owner's representative obtains

7

final approval from the Architectural Board of Review for the structure(g) whichwill replace the structure to be demolished.

(Ord. 2015-10. Passed 4-13-15.)(3) The owner demonstrates to the satisfaction of the Architectural Board of Review

that denial of the demolition is inconsistent with a legitimate interest in the health,safety and welfare of the l¡i$aæMugtatp3hly.

(a) The demolition request is for an inappropriate addition or ûgny portion of astructure that is not historically significant, and, the demolition will not adverselyaffect those parts of the structure that are slSignifìcant Property as determined by the Architectural Board of Review.

(b) Moving. No Historically Significant Property may be moved from its currentlocation unless the Architectural Board of Review determines that the moving of theproper{yg1fUg1glg will not materially and adversely impact the historical character of

or etherFli..sterieall)' S adversely atfbct the sienilicance olany Historic District in which such structure may be locatecl.

(Ord. 2007- I 9.-_ Passe d 7 -23 -08.)

t146.07 MAINTENANCE REQUIREMENTS.(a) Nothing in this chapter shall be construed to prevent or delay the

@, alteration or demolition of aagy structure or featurewhich has been ordered by the Administrator upon certification of an unsafecondition constituting an emergency.

(b) Similarly, nothing in this chapter shall be construed to govern or restrictroutine- maintenance activities, which do not represent alterations in exteriorappearance.

(c) The owner of any structure, even if vacant and uninhabited, shall provide sufficientmaintenance and upkeep for such structure to ensure its perpetuation and to preventits destn*etio*bl.deterioration. This provision shall be in addition to all otherapplicable provisions of the Building Code.

(Ord. 2002-26.-_ Passed 5- 1 3-02.)

1146.08 SUPPLEMENTAL REGULATIONS.Design Guidelines relating to the responsibilities and duties of the Architectural Board of

Review based on the foundation of the Charter and Codified Ordinances of theVll+aæMUgiglpdltjy were adopted by Chagrin Falls Village Council on October 10, 2005.For additional design regulations for specific uses or zoningdistricts refer to the followingamong others:(a) Building and site design regulations for attached single family development in the

ASF District as set forth in Sections 1127.07(a) and ll27 .07(b).(b) Regulations for garages in the ASF District as set forth in Section 1127.08(b).(c) Building and site design regulations for multifamily development in the MF District as

set forth in Sections 1129.07(a) and 1129.07(b).(d) Building and site design regulations for attached single family development and

multifamily development in the RMU District as set forth in Sections 1130.09(a)and 1130.09(b).

8

(e)(Ð

(e)(h)

(D

ú)

(k)

(D(m)(n)

Regulations for garages in the RMU District as set forth in Section 1130.10(d).

Building and site design regulations for the RL District as set forth inSections 1 131.07(a), I 131.07(b), I 131.07(c), and 1 131.07(d).Regulations for garages in the RL District as set forth in Section 1131.08(b)'Mùification of side yard depth requirements in the Office District as set forth inSection 1 1 35.0a(c)(2).Modification of side yard depth requirements in the Retail Business District as set

forth in Section ll37.}a@)Q).Design regulations for canopies at automobile service stations in the Retail Business

District as set forth in Section 1137.05(bX3).Modification of side yard depth requirements in the Central Shopping District as set

forth in Section 1138.04.Fencing for utility uses as set forth in Section 1t42.07(b).Design standards for signs as set forth in Section 1143.08.Design standards for cluster development as set forth in Section 1150.05(d)and 1150.05(h).(Ord. 2002-26. Passed 5-13-02; Ord. 2006-1 5. Passed 5-22-06')

9