Explanation
BACKGROUND:
Historic Architectural Review Commissions, including the Historic Resources Commission, were established by city council to create a design review process for designated historic areas and sites. The commissions often dedicate time to review requests for automatically approvable items.
The establishment of staff approvable work items will increase the effective and efficient use of commission resources without denying any applicant the ability to obtain approvals, building permits, and clearances to perform work in an architectural review district while not jeopardizing the integrity of the review process. The staff approval process, established by each architectural review commission, for approval and ultimately a certificate of appropriateness would be significantly quicker, allowing work to begin on structures where the work involves an existing condition that may damage the structure. Staff issued certificates of appropriateness are limited and regulated by the given commission and by code, permitting staff approval only for specific items / work annually reviewed and published by the appropriate commission and delegated to the historic preservation office staff. Where any concern related to the issuance of a certificate of appropriateness by staff exists, the application shall be heard by the commission at the next available opportunity as under existing guidelines and protocols.
FISCAL IMPACT: No funding is required for this legislation.
Title
To modify Sections 3116.012, 3116.05 and 3116.23 in Title 31, "Planning and Platting", of the Columbus City Codes, 1959, in order to allow staff of the Historic Preservation Office to grant certificates of appropriateness for otherwise minor work that is limited in scope and regulated by the respective historic architectural review commission.
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WHEREAS, Historic Architectural Review Commissions, including the Historic Resources Commission, were established by city council to create a design review process for designated historic areas and sites; and
WHEREAS, this process is hindered when the commissions are required to dedicate time to hear requests for certificates of appropriateness for items the commission could deem automatically approvable; and
WHEREAS, the establishment of staff approval, and subsequent issuance of a certificate of appropriateness would permit an effective and efficient use of commission resources without denying any applicant the ability to obtain zoning approvals, building permits, and certificates of appropriateness to perform work in the district while not jeopardizing the integrity of the review process; and
WHEREAS, the approval process for a certificate of appropriateness would be significantly quicker, allowing work to begin on structures where the work involves a condition that may damage the structure while waiting to be heard by the commission; and
WHEREAS, the staff approval, and subsequent issuance of a certificate of appropriateness is limited and regulated by the commission and by code to only permit approval for specific items and work annually deemed and published by each commission as pre-approved; and
WHEREAS, where any concern related to the issuance of a certificate of appropriateness exists, the applicant or staff shall be granted a request the application be heard by the commission at the next available opportunity; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Section 3116.012 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.012 Letters B and C.
"Board" when used without clarification means the board of commission appeals.
"Building inspector" means the officer charged with administration and enforcement of the Building Code, or his regularly authorized deputy.
"Case file" means the file created and maintained by the historic preservation officer for each property within a commission's jurisdiction that is the subject of an application containing said application; exhibits such as, but not necessarily limited to, affidavits, photographs, drawings, plans, material samples and cost estimates filed by applicant; audio tapes and/or summary minutes of pertinent commission meetings; official transcripts provided by applicant; the mediation record pursuant to C.C. 3116.10; and a chronological listing of action taken.
"Certificate of appropriateness" or "certificate" means a certificate issued by the commission to an applicant stating that the proposed construction, alteration or demolition of a structure, architectural feature or listed property pursuant to the application filed therefor is appropriate under the terms of the chapter pertinent thereto and consistent with the architectural characteristics, guidelines and standards affecting same or due to unusual and compelling circumstances or substantial economic hardship does not require such consistency; and that, therefore, a permit can be issued therefor.
"Characteristics" means unique attributes or qualities of a property specifically pertaining to such property as set out in the City Codes.
"Clearance" means a determination by the City Historic Preservation Office that proposed work to be done on a property does not affect any architectural feature, and therefore does not require a Certificate of Appropriateness.
"Columbus Register of Historic Properties" or "Columbus Register" means the city's record of listed properties.
"Commission" when used without clarification means the historic resources commission created by Chapter 3117, C.C., or the architectural review commission created by one of the chapters included within Chapters 3319 to 3331, C.C., inclusive, as the case may be, having jurisdiction over the application.
"Concept review" means an evaluation of a preliminary design or general plans for an alternation, new construction, demolition or site improvement.
"Construction" means the process of building, erecting or placing a structure, appurtenance or object within a listed property or district.
"Contributing property" (see C.C. 3116.017).
Section 2. That the existing Section 3116.014 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.014 Letters G, H and I.
"Group" means two (2) or more structures, objects and/or sites each of which satisfies C.C. 3117.05 requirements and all of which are located in geographical proximity and are united by aesthetics, past events, plan or physical development.
"Guidelines" means the document adopted by a commission that sets forth the architectural characteristics of a listed property or an architectural review commission area, or a specific property therein and provides design guidance for appropriate construction or alteration therein pursuant to the provisions of the pertinent chapter. Guidelines and standards are intended to be consistent with each other.
"Historic preservation officer" means the person in the department who is assigned the duties and responsibilities of historic preservation, or his or her designee.
"Intrusion" means an object, site or structure which detracts from a listed property's or district's significance because of its incompatibility with the sense of time and place and historical development; or its incompatibility of scale, materials, texture or color; or whose integrity has been irretrievably lost; or whose physical deterioration or damage makes rehabilitation infeasible.
"Inventory" means a systematic identification of properties having cultural, historical, architectural or archaeological significance compiled according to standards adopted by council for evaluating property to be considered for designation as a listed property in the Columbus Register of Historic Properties or on the National Register of Historic Places.
Section 3. That the existing Section 3116.016 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.016 Letters M, N and O.
"Normal maintenance or repair" means any maintenance or repair limited to correcting decay, deterioration or damage to an architectural feature, and which that does not require a building permit and that has received a certificate of appropriate or clearance from the historic preservation staff. does not constitute alteration as defined hereinabove and whose purpose is to correct any decay, deterioration or damage to an architectural feature and restore same to its condition prior to such deterioration, decay or damage.
"Noncontributing property" (see C.C. 3116.017.)
"Owner" means the owner of record as shown on the current tax list of the county auditor; the mortgage holder of record, if any, as shown in the mortgage records of the county recorder; and any purchaser under a land contract. "Owner" also means any person who has a freehold or lesser estate in the premises; a mortgagee or vendee in possession; or any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee.
Section 4. That the existing Section 3116.23 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.23 Exclusions.
Nothing in this chapter shall be construed to prevent any normal maintenance or repair of a structure or architectural feature now or hereafter in a listed property or district which involves no change in material, design, arrangement, texture, or color.
Nor shall this chapter be construed to prevent the construction, reconstruction, alteration or demolition of any structure or architectural feature in an historic district which the building inspector or housing inspector has designated as being in an unsafe or dangerous condition and required for the public safety pursuant to Chapter 4109 or 4515, C.C., respectively. (Ord. 1515-89.)
Section 5. That the existing Section 3116.018 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.018 Letters S, T, U and V.
"Site" means any significant historical, archaeological, or architectural property without a principal structure such as the location of a prehistoric or historic activity, or a significant event. A site may also include a property of significant landscape design. This definition of "site" shall not be construed to limit the term "site plan" or "site improvement."
"Site improvement" means a significant exterior improvement other than a building or structure including but not limited to, landscaping; parking, utility or service area; walkway; fence; mound; wall; sign; mechanical system or similar improvement.
"Stabilization" means the act or process of applying measures designed to reestablish a weather-resistant enclosure and structural stability to an unsafe or deteriorated building, structure, site or object while maintaining its existing essential form.
"Staff" means personnel with qualifications defined by the historic preservation officer assigned to the commission having jurisdiction over the application.
"Staff Approval" means the act or process of the issuance of a certificate of appropriateness by the historic preservation office staff, under the authority of the pertinent architectural review commission.
"Standard" means a regulation set out in C.C. 3116.11 to 3116.14, inclusive, and generally defining what constitutes an appropriate alteration, construction, site improvement, or demolition.
"Structure" means a building, object, monument, work of art, or work of engineering permanently affixed to the land or any combination or any material thing of functional, aesthetic, cultural, historical or scientific value that may be by nature or design, movable yet related to a specific setting or environment; or any combination of materials to form a construction that is safe and stable including, but not limited to, stadia, tents, reviewing stands, platforms, stagings, observation towers, radio towers and graphics. The term "structure" shall be construed as if followed by the words "or part thereof." The distinction between "structure" and "building" should be noted. "Structure" is the broader term; "building" is a restricted form of "structure."
For abatement of a nuisance, in addition to the above, "structure" shall include appurtenance, scaffold, ash pit, wagon, auto trailer, junk, rubbish, excavation, wall or any object or thing used or maintained above or below the ground, or any part thereof.
"Substantial economic hardship" means a financial burden imposed upon an owner which when factually detailed and measured by standards and criteria of this chapter is unduly excessive preventing a realization of an economic return upon the value of his property.
"Unusual and compelling circumstances" means those uncommon and extremely rare instances, factually detailed and conforming to the standards and criteria therefore contained in this chapter, warranting a commission's decision contrary to its architectural characteristics, guidelines or standards or the board's decision on appeal contrary to that of the commission due to the evidence presented.
Section 6. That the existing Sections 3116.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.05 Clearance
If the commission historic preservation officer determines that no architectural feature is involved, it he or she shall cause staff to endorse on the application or to issue a clearance. certifying such determination and return the application, plans, specifications and certificate, if any, to the applicant.
The Commission may provide in its Guidelines, or by amendment thereof, that specific actions for which it has provided sufficient standards in its Guidelines shall not require its review, but rather staff shall administratively approve or deny clearance for such application without the need to exercise any discretion. Staff shall report all such clearances to the Commission monthly, or more often, if the Commission so requires
Each commission shall provide in its guidelines, or by resolution, that the historic preservation officer may administratively approve certain actions as defined by the commission. A certificate of appropriateness shall be issued to the applicant upon such an administrative approval. The commission shall identify and approve the construction, reconstruction, alteration, demolition or site improvement which the historic preservation office staff may administratively approve and shall publish the list of staff approvable work items annually. The Historic Preservation Officer or the applicant shall have the option of referring any application to the appropriate architectural review commission.
Staff shall report all staff approvals to the commission at its regularly scheduled meetings.
Section 8. That the existing Sections 3116.17 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.17 Issuance of permit. Certificate of Appropriateness.
(A) The department shall issue no permit for construction, alteration or demolition of a structure or architectural feature thereof within a district or a listed property unless:
(1) The commission shall have issued a certificate of appropriateness; or
(2) The commission shall have issued a certificate that no architectural feature is involved; or
(3) On appeal the board of commission appeals has overturned the commission's denial of a certificate of appropriateness.
(B) During the pendency of the application, the department and other pertinent city agencies shall may continue to process such application but shall not issue same a permit. After a certificate of appropriateness has been issued by the commission, the department shall may issue the requested permit provided all other provisions of the code have been met. (Ord. 1045-98 § 7; Ord. 1272 § 1 (part).)
Section 9. That the existing Sections 3116.18 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3116.18 Limitations on issuance of building permit. Approvals Required
The building inspector shall issue no permit for the construction, reconstruction, alteration or demolition of any structure or architectural feature now or hereafter in a listed property or district except in cases excluded by C.C. 3116.23, unless the application therefore shall be certified under C.C. 3116.05 as involving no architectural feature or shall be accompanied by a certificate of appropriateness issued under C.C. 3116.09. (Ord. 1515-89.)
(A) Except in cases excluded by C.C. section 3116.23, the applicant may initiate the construction, reconstruction, alteration, demolition or site improvement only upon receipt of the certificate of appropriateness or clearance, and upon subsequently obtaining any or all building permits, registrations, zoning clearances, and other approvals required by Columbus City Codes.
(B) No building permit, registration, zoning clearance, or other required approvals shall be obtained unless and until the issuance of the required certificate of appropriateness or clearance. The Building Inspector and/or Director shall void any permit or approval issued prior to a required certificate of appropriateness.
(C) Any construction, alteration, work, action, or site improvement not in compliance with, or contrary to that specifically approved in the certificate of appropriateness or clearance shall be a violation of this Planning and Platting Code.
Section 10. That this ordinance shall take effect and be in force from and after the earliest period provided by law.