1134.03 PROCEDURES FOR IDENTIFICATION, NOMINATION AND DESIGNATION OF AN HPD OR HP.
(a) Relationship to Base Districts: The HPD or HP is the designation of an additionally restricted zone, or specific property restrictions for an historic property, within any zone, which may be applied to existing zoning districts as described herein. When such a district or property is established, the HPD or HP shall be shown as an indication to the underlying districts by the designation of HPD for Historic Preservation District, or HP for Historic Properties, on the zoning map.
An HPD or HP may cross or transit several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein.
(b) Nomination Procedure: The Heritage Advisory Board may propose to the Commission nominations of any area, place, building, public interior portion of a building, structure, work of art or other object as an HPD or HP. In the case of an HP, if the Heritage Advisory Board does not propose a nomination, the owner of the proposed HP may directly propose to the Commission such nomination. In the case of an HPD, if the Heritage Advisory Board does not propose a nomination, the owners of a majority of the properties within the proposed HPD, as measured by the foot frontage of all properties within the proposed HPD, may directly propose to the Commission such nomination. The signature on such proposal of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. Proposals for nomination must be on one or more standard publicly available forms promulgated by the Heritage Advisory Board. The nomination of an HPD or HP shall not constitute nomination of any public interior portion of such area, place, building or structure unless the public interior portion is specifically identified as part of the proposal for nomination. A proposal for nomination shall specify which specific site improvements are included in the proposal for nomination, and any improvements not specified shall be deemed not to have been nominated.
(c) The Commission may establish from time to time such procedures and policies with respect to nominations and other matters described in this chapter. Moreover, the Commission may, where appropriate, issue specific unique historic guidelines to govern any such designated HPD or HP. The purpose of such guidelines are to assist the Architectural Board of Review to limit its judgment and review procedures to design and engineering issues, rather than its own independent view of historic appropriateness, which are hereby expressly left in the province of the Commission with the advice of the Heritage Advisory Board.
(d) Considerations for Nomination: In considering the nomination of any area, place, building, public interior portion of a building, structure, work of art or other object in the City as an HPD or HP, the Commis-sion shall apply the following criteria with respect to each property. One (1) or more or the following must apply:
(1) The character, interest or value as part of the heritage of the City, the region, State of Ohio or the United States;
(2) The location as a site of a significant historic event;
(3) The identification with a person or persons who significantly contributed to the historic development of the City;
(4) An HPD's or HP's exemplification of the cultural, economic, social, archeological, or historic heritage of the City;
(5) The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) The embodiment of distinguishing historical characteristics of a group of people in an era of history characterized by a distinctive architectural style;
(7) HPD's or HP's identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) HPD's or HP's embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;
(9) HPD's or HP's unique location or singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City, itself at large;
(10) HPD's or HP's having yielded or its likelihood of yielding information important to the understanding of prehistory or history.
(e) Additional Considerations for an HPD: In addition to meeting at least one (1) of the above criteria, a proposed HPD must also meet the following criteria in order to be designated an HPD:
(1) The area within the proposed boundaries must have a high degree of historic integrity, without excessive loss of architectural or historic character.
(2) The area within the proposed boundaries must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(f) Additional Considerations for an HP: In addition to meeting at least one (1) of the criteria listed in subsection (c) above, a proposed HP must also meet the following criteria in order to be designated an HP:
(1) The proposed HP must have a high degree of historic integrity, without excessive loss of architectural or historic character.
(2) The proposed HP must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to the Vision, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(g) Nomination by the Commission: After a hearing, the Commission may nominate certain areas, places, sites, buildings, public interior portions of buildings, structures, works of art and other objects as eligible to be designated as either an HPD or an HP.
(h) Nomination Not Self-Executing: Once the Commission has approved a nomination of any certain areas, places, sites, buildings, public interior portions of buildings, structures and works of art and other objects as eligible to be designated either an HPD or an HP, the secretary of the Commission shall schedule a public hearing on the designation of the HPD or HP. The rules of this chapter, or the unique historic guidelines adopted by the Commission for any HPD or HP, are not effective until the HP or HPD is designated by the Commission.
(i) Consent for Historic Designation: Prior to the hearing on designation of the nominated property or district, the person(s) who submitted the proposed nomination to the Commission shall attempt to secure the written consent, on a publicly available form promulgated by the Heritage Advisory Board, of the affected property owner(s) to the designation of a property or district as an HP or HPD. However, written approval is not required for the property to be determined as an HP or HPD. The signature on such form of any owner of a parcel of property proposed for nomination as an HP or within an HPD shall constitute the consent of all owners of such parcel of property. The Commission shall proceed to the public hearing on the question of the proposed designation and may defer action in its discretion while consent is being solicited.
(j) The application for designation and all accompanying submissions shall be reviewed and studied by the Commission prior to its decision. The Commission shall give due consideration to the advice of the Heritage Advisory Board, such consents to designation and comments as have been filed with it, and the views as may have been expressed by persons participating in the hearing before the Commission, as well as any other relevant information brought before the Commission, in making its decision with respect to the proposed designation of each HPD or HP by a majority vote of its members.
(k) The Commission shall determine whether said area, place, site, building(s), public interior portions of a building, structure(s), works of art and other objects shall be designated as an HPD or HP. In the event the owner of a property nominated as an HP, or each owner within a district nominated as an HPD, does not consent to designation, the Commission may only designate an HP or HPD by a vote of at least five of its members, or otherwise the Commission may designate an HP or HPD by a majority vote of a quorum of its members. Regardless of any current National Register of Historic Places status, an HPD or HP must be locally determined by the Commission for this chapter to apply.
(l) The Commission may approve by majority vote unique historic guidelines for a created district or a specific historic property. The Commission shall schedule a public hearing on the question of such guidelines, which may be a separate hearing or which may coincide with a hearing for nomination or designation. If specific architectural guidelines are not created, the Secretary of the Interior's Standards for Rehabilitation shall apply to an HPD or HP for Architectural Board of Review purposes.
(m) Applications for nomination and designation which have been denied by the Commission may be resubmitted by the original applicant within ten (10) days from the date of ruling, if a request is made in writing by the applicant setting forth the grounds thereof. If the Commission determines by vote that valid grounds have been submitted, a rehearing shall be granted. If the request is not made within ten (10) days from date of ruling, no application on the same proposed HPD or HP may be made to the Commission by any party for a period of six (6) months from the date the original application was denied. The filing of an application for a rehearing shall not be deemed to extend the time permitted by law for the filing of an appeal to the Courts.
(n) Notice Procedures for Public Hearing on Nomination or Designation:
(1) Notice of any public hearing called under this chapter shall be made in accordance with Lakewood Codified Ordinances no less than seven (7) days before the hearing; said notice shall state the time, place and purpose of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the ordinances.
(2) No less than seven (7) days prior to a public hearing, the Commission additionally shall give written notice of a public hearing, stating the time, place and purpose to all owners and residents of property in and within two hundred (200) feet of the property for which either an HPD or an HP nomination or designation is proposed.
(Ord. 15-14. Passed 3-17-2014.)