Ordinance 51-05

Chapter _____

Historic Preservation Board

_______ Establishment
_______ Purpose
_______ Board Membership
_______ Organization Rules & Procedures
_______ Design Guidelines/Demolition Criteria
_______ Designation Criteria for Historic Districts or Landmarks
_______ Designation Procedures for Historic Districts or Landmarks
_______ Severability
_______ Historic District Location/Description
_______ Meetings
_______ Duties and Powers as to the
Historic District and historic landmarks.
_______ Definitions

Authority to Establish – see Charter

1. ESTABLISHMENT.

In recognition of the need for the establishment of a public body with authority to act upon changes to structures in the Historic District, and in other parts of the City as established by Council, and in order to encourage changes that are compatible with the restoration movement now in progress, the Historic Preservation Board, hereinafter referred to as the Board, is hereby established.

2. PURPOSE.

Council, being mindful of the proud history of this community and of the importance of beauty in the everyday lives of our residents hereby declare as a matter of public policy that the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of Ashland be provided for and preserve and rehabilitate eligible historic properties within Ashland for future generations in order to:

A. Safeguard the heritage of Ashland as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Ashland History.

B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Ashland history.

C. Stablilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects.

D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures.

E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses.

F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

3. BOARD MEMBERSHIP.

A. The Historic Preservation Board shall consist of five (5) members as follows:

1. One architect, to the extend he/she is available in the community.

2. One preservation related professional member, to the extent he/she is
available in the community (this shall include history, planning,
archaeology or related disciplines).
3. Two property owners from within the district and also, to the extent
possible, from within the community.

4. One resident of the City, generally.

B. Members shall be appointed by the Mayor and approved by Council and

shall serve for four-year terms, except that the initial appointments shall be
one for one year, one for two years, one for three years and two for four
years.

4. ORGANIZATION RULES AND PROCEDURES.
The Historic Preservation Board shall prepare and make recommendations to
Council regarding design guidelines, rules and procedures for use in reviewing
applications. Council will have final approval when adding additional area.
The additional area shall be listed in the National Park Services Registry.
General Provisions.
The rules of the Board and its procedures for processing applications for
certificates of appropriateness are the following. These rules and procedures
are governed by the Code of Ordinances of the City of Ashland and its
Charter.

(1) Exclusions. Nothing in these rules, procedures, and guidelines shall be
construed to prevent the ordinary maintenance or repair of any building or
structure within the Historic District, provided such work involves no
alteration in architectural features.
(2) Geographic Area. The geographic area for which a Certificate of
Appropriateness is required in the Historic District.

(3)When a Certificate of Appropriateness is required. A Certificate of

Appropriateness is required within the Historic District when any alteration
is contemplated to an existing building or structure, when the construction of a
new building or structure is contemplated or when the demolition of an
existing building or structure is contemplated.

(4) Amendments to a Certificate of Appropriateness. At any time prior to
completion of work under the Certificate of Appropriateness, an applicant may
apply for an amendment to the certificate.
(5) Expiration. A Certificate of Appropriateness expires one year from the date
it is granted. Once a Certificate of Appropriateness has been granted, work
must be begun and completed within one year of the granting of the certificate,
unless the applicant applies for and receives an extension.

d. Application Procedures.
(1) Submission requirements. Before it can be considered at a meeting of the
Historic Preservation Board, an application along with any supporting documents,
shall be filed with the Planning Commission Building & Zoning Office. In order
for an application to be reviewed and approved, the applicant shall submit
drawings, photographs, specifications and material samples as outlined below. A
minimum of six sets of drawings and one set of photographs and material samples
shall be submitted. These items shall accurately represent the proposed
alterations or additions and new construction. The Building & Zoning Office
Planning Commission will place the applicant on the next meeting’s agenda and
forward the submitted copies to all the Board members.
A. Alterations and change of color.
1. Photographs of existing conditions.
2. Drawings indicating any changes to the physical appearance.
3. An outline describing work and the procedures to be performed.
4. Material samples and manufacturer’s literature for major materials
and products to be incorporated in the building.
B. New Buildings.
1. Photographs (8”x10”) of the proposed site and adjoining building.
2. Site plan and elevation drawings showing the design, indicating drives,
road, parking, walks, walls, fences, landscaping, doors, windows,
decoration, materials, finishes and other features accurately representing the
proposed design.
3. Material samples and manufacturer’s literature for major materials and
products to be incorporated in the proposed design.
C. Additions to existing buildings.
1. Photographs (8” x 10”) of the existing building and adjoining building.
2. Site plan and elevation drawings showing the design, indicating drives,
road, parking, walks, walls, fences, landscaping, doors, windows,
decoration, materials, finishes and other features accurately representing the
proposed design.
3. Material samples and manufacturer’s literature for major materials and
products to be incorporated in the proposed design.

D. Demolition and moving.

1. Photographs (8” x 10”) of the existing building in detail and as it sits on its site.

2. A written request from the owner indicating reasons for the demolition or moving.

3. If the building is listed on the U.S. National Register of Historic Places: An analysis of the feasibility of rehabilitation, and, in the case of income-producing properties, the income and expense likely to be produced by the property after rehabilitation.

E. Informal review. Any prospective applicant desiring a preliminary review of

work being proposed shall make such request to the Planning Commission
Historic Preservation Board to be placed on their agenda for the next meeting.
There are no formal submission requirements for informal review. The
applicant can submit the proposal to the Board in any form the applicant feels
is appropriate. Informal review, if any, is to take place before an application is
filed.

F. Review Process. The applicant and/or the applicant’s agent shall attend the
scheduled Board meeting to present the proposed project and answer any
questions members of the Board may have. The Board will then act upon the
submission as prescribed herein and the following order of review:
a. The Applicant shall present the proposal and describe the objectives and
how the design reinforces these objectives.
b. Statements by City officials, local preservation associations, or other
interested persons shall be presented as directed by the chairman.
c. The Board shall discuss the presentation as it responds to the Design
Guidelines/Demolition Criteria. The Chairman shall summarize the critique
and call a vote.
d. The Board shall either approve, disapprove, or modify the application at
one or more of its regular meetings and within forty-five days. If the
application is approved, a Certificate of Appropriateness will be issued.

G. Enforcement.
(1) Violation, order. If it is found that any of the provisions of these standards are being violated, the person responsible for such violations shall cease all work
upon notification, and no work shall be performed except to correct the violation. All violations shall be corrected within a reasonable period and any violations not corrected within the specified time may be prosecuted.
(2) Failure to comply. Whoever constructs, reconstructs or alters any exterior architectural feature or demolishes a substantial part or all of any building within the Historic District without a Certificate of Appropriateness from the Historic
Preservation Board shall be fined not more than one hundred dollars ($100.00). Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to restore and reconstruct such features in full detail.
(3) Failure to perform. Whoever receives a Certificate of Appropriateness from the Historic Preservation Board and constructs, reconstructs, or alters any exterior architectural feature other than in accordance with the requirements of the certificate, shall be fined not more than one hundred dollars ($100.00). Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to make all changes and additions needed to comply with the certificate. Changes and additions shall be in addition to any criminal penalty and not in lieu thereof.

H. Appeals. Any person, firm or corporation aggrieved by the enforcement of
these rules, procedures and design guidelines may take an appeal to the Zoning
Board of Appeals (C.O. 1135.02) within ten days of notification in writing of the
decision of the Planning Commission or Historic Preservation Board.

5. DESIGN GUIDELINES/DEMOLITION CRITERIA.
(a) Preface. The purpose of these guidelines is to preserve the architectural history of existing buildings or structures and to ensure the procedures and materials used are compatible with the existing building or structure and help to ensure its preservation into the future and are meant to give architects and owners design direction consistent with the Codified Ordinances of the City of Ashland.
In principle, the Board adopts the United States of America, Secretary of the Interior’s Standards for Rehabilitation.
(1) Preservation/rehabilitation/renovation. With respect to preservation/rehabilitation/renovation generally it is the interest of the HP Board that buildings within the Historic District be preserved, thus maintaining the character of the Historic District. Consistent with the U.S. Secretary of the Interior, Standards of Rehabilitation, the intent of these guidelines is to preserve and restore the features which establish a building’s architectural character while making alterations and renovations necessary for the efficient and contemporary use of the building.
The rehabilitation process assumes that some alterations may be necessary to meet the needs of the building owner and governing codes. Such alterations should be done so as not to destroy the materials and features which help to define a building’s historic, cultural and/or architectural character. The historic materials, features and/or craftsmanship are important in defining the building character and should be retained, protected, and repaired when possible.
When the preservation of architectural features is not possible, alterations should be done in a manner respectful of the existing character, but done in a manner that is representative of architectural design and construction of contemporary times.
(2.) Additions/new construction. With respect to additions/new construction to existing buildings and all new buildings or structures it is generally the interest of the HP Board that such additions/new construction shall be designed to enhance the character of the Historic District. Consistent with the preface of these Guidelines, new buildings and additions should be representative of architectural design and construction of contemporary times.
Additions to existing buildings in the Historic District should be designed so as not to detract from the original character of the building. Whenever possible, additions should be located away from the primary or street face of the building. The addition should be designed so as not to destroy existing architectural features where feasible,

such that the addition should be able to be removed and the building restored to its original condition.
New buildings in the Historic District should be designed to be compatible with other structures in the Historic District while still reflecting work of contemporary times. To be compatible, a new building should incorporate some of the existing architectural design characteristics of the Historic District. Proximity of existing buildings to the new building will affect the latitude in design constraints. An infill design should be more consistent with adjoining buildings than a free standing structure.

3. Demolition. With respect to demolition it is the interest of the HP Board that buildings within the Historic District be preserved and renovated for economically productive uses. Consistent with this intent, the Board also realizes the Historic District is not a static environment, but an ever changing and developing entity.

Applications for demolition will be reviewed based on the overall impact the demolition will have to the Historic District and the community.

The Board encourages the saving of the Historic District and history of the
City. “Demolition of any building or structure which would detract from the
Historic District or result in a loss of historically significant qualities will be
strongly discouraged. In reviewing an application, the Board will also look at
the proposed new use of the site and how the new use will impact the Historic
District. Demolition of existing buildings which are not a significant loss to the
Historic District to allow for the construction of new buildings which enhance
the Historic District is acceptable and may be encouraged by the Board.
Demolition shall include “demolition by neglect,” which shall mean neglect
In the maintenance, repair or security of a site, building or structure,
resulting in any of the following conditions:
1. The deterioration of exterior walls or other vertical supports;
2. The deterioration of roofs or other horizontal members;
3. The deterioration of exterior chimneys;
4. The deterioration of exterior plaster or mortar;
5. The ineffective weatherproofing of exterior walls, roofs and
foundations, including broken windows and doors; or
6. The serious deterioration of any documented exterior
architectural feature or significant landscape feature which in
the judgment of the Commission Historic Preservation Board
produces a detrimental effect upon the character of the district.
(b) New Construction Guidelines.
The purpose of this section is to define the architectural principles and elements which the Historic Preservation Board will use to review the design of new construction within the Historic District.
1. Additions. The proposed addition must fulfill the following requirements to be acceptable:
A. Additions should be designed to preserve significant historic materials and features and minimize the damage or loss of significant materials and craftsmanship such as, but not limited to, pressed brick, decorative marble, stone, terra-cotta, or architectural metal.
B. Alterations to primary elevations and features which distinguish the building should be avoided. These features include, but are not limited to, window patterns, shutters, porticos, entrances, doorways, roof shapes, cornices, decorative moldings, or glazing.
C. Additions should preserve the historic character and be compatible in size, scale, form, color, material and character so not to visually overpower or distract from the original building.
D. Additions should protect the historical significance and be readily distinguishable from older work, but the new work should be harmonious with the old work as defined in subsection (b) (1) B hereof. Plan the new addition so it provides some differentiation in architectural design characteristics.

2. Infill structures. The construction of proposed new infill buildings on vacant lots in the Historic District is encouraged. Such infill buildings should fulfill the following criteria:
A. The new building should be designed to be compatible with the surrounding buildings. It should look as part of the whole.
B. The new building should look new, using material and methodology appropriate to today’s architecture. The design should not pretend to mimic historic styles, but should be sensitive to the character of its neighbors.
C. The use of pseudo-historic details and elements should be avoided because it detracts from the Historic District by compromising the truly historic character of the Historic District.
D. Good infill buildings are compatible with many of the design characteristics of the surrounding buildings and structures. Some of the following design characteristics of the infill building should be reflective of its neighbors:
1. Massing
2. Scale
3. Proportion
4. Orientation
5. Materials
6. Form
7. Pattern/rhythm
8. Color
3. Freestanding structures. The freestanding building has the greatest latitude in design character to still be compatible with the character the Historic District. The new building should be reflective of the tradition of the Historic District. The proposed new freestanding building must fulfill the following requirements to be acceptable:
A. Quality of design, materials and craftsmanship reflect the pride we hold for the Historic District and its individual buildings.
New buildings which are representatives of quality design and use materials in character with the Historic District make a positive contribution to the Historic District.
B. The use of infill design concepts such as rhythm, proportion, building form, and materials establish a consistency between the existing Historic District and the new building.
C. The new building should interact with pedestrians and the public space in a manner consistent to the character of the Historic District.

C. Demolition Guidelines. The Historic Preservation Board shall review all applications to demolish or move buildings or structures for the effects of the proposed action on the City.
1. If the Board finds the proposed action will have no detrimental effect on the continued historic architectural character of the area and is in keeping with the intent and purposes of his chapter, the application shall be approved.
2. If the Board finds demolition or removal will have detrimental effects on the
City, approval may not be given for a period of up to sixty days.
During this period, the Board shall review the following:

A. Alternative uses for the building or structure;

B. Condition of the building;
C. Potential return on investment by rehabilitation and use of the building
on the existing site;

D. Efforts by owners to secure profitable new owners or lessees for the

building; and

E. Impact of demolition or removal on adjoining structures and the integrity of

the area as a whole, including proposed new structures on the vacated site.

3. At the end of the sixty-day period, or any extension mutually agreed upon by the City HPB and the owner, the City of Ashland Board or any other public or private body shall either make a bona-fide purchase or lease offer for the building or structure, or the application for the demolition or moving shall be approved by the Board.

6. DESIGNATION CRITERIA FOR HISTORIC DISTRICTS OR
LANDMARKS.

In considering the designation of any place, building, structure, work of art,
or similar object in the City as a historic district or landmark, the Historic
Preservation Board shall apply the following criteria with respect to such property.
(a) Its character, interest or value as part of the development, heritage or cultural
characteristics of the City, State or the United States.
(b) Its location as a site of a significant historical event.
© Its identification with a person who significantly contributed to the culture and
development of the City.
(d) Its exemplification of the cultural, economic, social or historic heritage of the
City.
(e) Its portrayal of the environment of a group of people in an era of history
characterized by a distinctive architectural style.
(f) Its embodiment of elements or architectural design, detail, materials or
craftsmanship which represents architecture of significant character, charm, or
grandeur.
(g) Its relationship to other distinctive areas which are eligible for preservation or
conservation.
(h) Its unique location or singular physical characteristics representing an
established and familiar visual feature of a neighborhood or of the City.

7. DESIGNATION PROCEDURES FOR HISTORIC DISTRICTS OR
LANDMARKS.
(a) When a proposal to establish a historic district or to designate an individual
property or site as a landmark for protection is received by or initiated by the
Historic Preservation Board, the owner or owners shall be notified.

(b) The Historic Preservation Board shall consider the proposal in terms of the

criteria provided and make a recommendation to City Council.

© City Council shall give due consideration to the findings and recommendations
of the Historic Preservation Board in making its determination with respect to the
proposed designation of an area, place, building, structure, work of art or similar
object as a historic district or landmark

8. SEVERABILITY.
If a court of competent jurisdiction shall adjudge any provision of this Ordinance
invalid or unenforceable, then the remaining provisions of this Ordinance shall not
be affected thereby and shall be valid and enforceable to the fullest extent
permitted by law.

9. HISTORIC DISTRICT LOCATION/DESCRIPTION.
The Center Street District, as approved in 1976, and increased in 1992,
developed as a neighborhood continuum of some 55 residential houses and
churches beginning at the Town Creek one block from Main Street and
extending some eight blocks to the south terminating approximately 135 feet
north of the intersection of Samaritan Avenue and Center Street. Though a
number of original homes have been razed over the years, and one home has
been moved from its original location in order to preserve it within the District,
the neighborhood retains it historical flavor. Most houses are well maintained.
Please refer to attachment A and B for the specific lot numbers and house
numbers for homes located in the Historic District.

The homes and churches in the Center Street Historic include styles of
architecture such as Greek Revival, Queen Anne, Italianate, Eastlake, Prairie,
American 4-Square, Early Gothic, Spanish and Tudor.

10. MEETINGS.

The Historic Preservation Board shall meet on ____in ____________of

each year that is not a legal holiday and shall elect one of its members as Chairman, a second member as Vice-Chairman and a third member as Secretary. The Board will
Meet at least four (4) times a year, held at regular intervals, in a public place, advertised in advance and opened to the public. Four (4) members shall constitute a
quorum. The elected Chairman, and in his absence the Vice-Chairman, shall be responsible for the proper administration of the Board’s work and the elected Secretary shall keep, or cause to be kept, in the City’s offices, a complete and accurate record of all meetings and proceedings of the Board. A majority vote of the members present shall be required to take action. Public notice must be provided prior to any special meetings. All regularly scheduled meetings shall be announced publicly and have a previously advertised agenda.

11. DUTIES AND POWERS AS TO THE HISTORIC DISTRICT AND HISTORIC LANDMARKS

When Historic Districts and/or landmarks are involved, the Architectural and
Historic Board of Review, through its subcommittee, Historic Preservation
Board shall have the following duties and powers.

(a) To recommend to Council the geographic boundaries of additions or

changes in the Historic District, and to recommend those buildings and
structures which should be designated historic landmarks. Such District and landmarks shall be defined by the Historic Preservation Board in light of the following considerations to be fully discussed in a report to be submitted to Council with the Board’s recommendations: (The following analyses may be actually made by the Board, or they may be made by others subject to acceptance and endorsement by the Board.)

1. An analysis of existing structures by period of construction, special historic importance, architectural style, condition, present use, assessed valuation and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to interior of the block, and off street parking. This analysis shall include an identification of individual structures and premises of substantial public interest, with maps, photographs and other data indicating the particular features desired to be preserved. The analysis shall also include an identification of existing structures, premises and uses likely to have an adverse effect on the desired character of the District, including those in and those near and visually related to the District, with maps, photographs and other data indicating the reasons for such classification.

2. An analysis of lands not occupied by structures, including lands in and lands near and visually related to the District. The boundaries of such District shall include both sides of streets and shall divide the District from the other portion of the Municipality at rear lot lines where possible. The boundaries of such District and the list of historic landmarks shall be presented to Council for approval. Upon approval by Council, the boundaries of any such District and any such historic landmarks shall be clearly designated on the official Zoning Map of the Municipality on file in the office of the Clerk of Council.

b. To issue Certificates of Appropriateness prior to the issuance of any building permit or other permit pertaining to the construction, erection, alteration, removal, moving or demolition of any structure in the Historic District, or the alteration, removal, moving or demolition of any historic landmark;

c. To advise the Municipal Planning Commission, Council, the Building Inspector, other public agencies and property owners in matters involving structures and areas of historic/and or architectural significance, and, further, to assemble and make available information pertaining to funds, from both public and private sources, available for restoration, alteration and preservation;

d. To propose from time to time to the Municipal Planning Commission and Council the establishment or disestablishment of structures and/or areas for historic preservation under the provisions of this chapter; and

e. To make recommendations concerning the establishment of an appropriate system of markers for historic structures and areas, to advise owners or residents of historically and/or architecturally significant structures or areas on problems and techniques, and resources, for historic preservations, to make recommendations, concerning the preparation of maps, brochures and descriptive material about the Municipality’s structures and areas of historic and/or architectural significance, and promote the public interest in the foregoing purposes by carrying on a public relations program.

12. DEFINITIONS AND PROCEDURES.

(1) As used in this chapter, unless the context clearly requires otherwise:

a. “Alter” or “alteration” means any change in the external architectural features of any building or structure.

b. “Applicant” means any owner, person, association, partnership, or corporation who applies for a Conditional Sign Permit or who applies for a Certificate of Appropriateness in order to undertake any alteration to any building or structure subject to this chapter.

c. “Application” means an application for a Certificate of Appropriateness or a Conditional Sign Permit.

d. “Architectural features” means the architectural style and visual arrangement of the exterior of a building or structure, including but not being limited to the type, color, and texture of materials, components, and finishes and including but not limited to all windows, doors, lights, signs, and other parts thereof.

e. “Artifacts” means the applied components of the building such as light fixtures, signs, door hardware, detached planters, etc. which are an integral part of the image.

f. “Board” means the Historic Preservation Board established under the Codified Ordinances of the City of Ashland, Ohio.

g. “Building” means any structure having a roof supported by columns or walls and intended for shelter or enclosure.

h. “Certificate of Appropriateness” means a certificate issued by the City to authorize any new construction, demolition, or alteration to any building or structure.

i. “Color” means inherent colors such as the color of materials, i.e., brick and stone, and applied colors such as paints and stains.

j. “Contemporary” means belong to the same time; reflecting the historical architectural design of the Historic District.

k. “Council” means Ashland City Council.

l. “Detail/Craft” means the method of assembly of the building components and the quality of work and material used in the assembly of the building image.

m. “Demolition” means the razing or removal in whole or in part of any building or structure.

n. “Form” means the geometric shape of the building components and their interaction to create a whole image.

o. “Historic District means the Historic District as approved by Council of the City of Ashland, Ohio and any amendments thereto.

p. ”Historic Landmark” means any individual building or structure determined by the Board and approved by Council as historically or architecturally significant

q. “Historic Register buildings” means those buildings listed on the United States National Register of Historic places.

r. “Infill buildings” means any new building to be constructed on a site with one or more of its walls adjoining buildings on adjacent sites

s. “Maintenance” means repair or replacement of an existing product, finish or material without making any alteration.

t. “Massing” means the interaction of height, width, depth, and proportion, thus forming a visual image of size.

u. “Materials” means brick, wood, stone, metal, glass, etc. which can represent themselves or can be formed to represent another material, i.e. vinyl siding is typically formed to reference wood clapboard.

v. “Member” means any member of the board.

w. “Structure” means anything constructed or erected, the use of which requires permanent location on the ground, such as, but not limited to buildings, monuments, memorials, statues, poles, telecommunications equipment, etc.

x. “Style” means the combination of elements and components in commonly recognized and accepted patterns. Examples of styles are Georgian, Federal, Greek Revival, Neo-Classic, Italian Renaissance, Second Empire, Art Deco, International, Post Modern, etc.

y. “Texture” means the visual such as caused by shadows and actual as when the surface is physically touched.

z. “Owner” means the owner or owners of record.

aa. “proportion” means the relationship in size, dimension, scale, etc. of the various elements of the building to themselves and the image as a whole.