B.
Purposes. The purpose of the Historic Preservation Zoning District
is to:
(1)
Assist in preserving the historic character and the historic fabric
of the Town of Ocean View.
(2)
Safeguard the heritage of the Town by preserving the elements which
reflect the cultural, social, economic, political or architectural
history of the Town.
(3)
Promote the use and preservation of the values as established by
the Ocean View Comprehensive Plan.
(4)
Recommend alteration or new construction in keeping with the Historic
District.
(5)
Recommend restoration rather than demolition of contributing structures
or historic properties.
(6)
Encourage the proper maintenance, preservation and, when necessary,
alteration of structures in the Historic Preservation District.
In this article, the following definitions shall be applicable
unless the context clearly indicates to the contrary:
Any activity requiring a building permit, the approval of
the Ocean View Administrative Official, or any change in the exterior
appearance (other than maintenance) or structural change, including
but not limited to construction, reconstruction, renovation, modification,
alteration, moving or demolition of a contributing structure within
the Historic Preservation District of the Town of Ocean View.
Residential structures that are judged to add to the HPOZ's
sense of time, place and historic development under criteria established
by the Planning and Zoning Commission, including historical significance,
integrity and context. Such structures are so designated because they
meet an architectural test (i.e., compatible with surrounding buildings
or represent an architectural style identified with Ocean View' history)
and a longevity test (more than 50 years old). Such structures shall
have been submitted by their owners for inclusion as a contributing
structure and accepted by the Planning and Zoning Commission as a
contributing structure. Contributing structures may be withdrawn as
a contributing structure by an owner at any time and consent to withdrawal
shall not be denied nor withheld by the Planning and Zoning Commission.
Destruction, razing, commencement of the work or steps of
total or partial destruction with the purpose of completing the same,
includes any willful neglect in the maintenance and repair of a structure
that does not result from a financial inability to maintain and repair
the structure and threatens to result in substantial deterioration
of the exterior features or the structural integrity of the building.
An overlay zoning district on the Town of Ocean View Zoning
Map.
That portion of a structure that is visible, or could be
visible but for a fence or landscaping, from a public right-of-way
or public or private street.
Ordinary repairs and maintenance, including design, materials,
features or finishes of a structure that do not alter the exterior
appearance of the structure and have no material effect on the historical,
archaeological or architectural significance of the structure. Paint
color is included in this definition regardless of the effect on exterior
appearance.
Structures that do not add to the HPOZ's sense of time, place
and historic development or have not applied for inclusion or have
withdrawn from inclusion as a contributing structure in the HPOZ.
Among other things, such structures are so designated because they
have not applied for inclusion as a contributing structure, they are
not listed or pending to become listed on the National Register of
Historic Places or do not meet either an architectural test (i.e.,
compatible with surrounding buildings or represent an architectural
style identified with Ocean View's history) or longevity test (more
than 50 years old).
Any structure or site currently used primarily for residential
living purposes.
See Article XXI.
A.
Before the construction, alteration, reconstruction, moving or demolition
of any contributing structure on property within the HPOZ that would
affect the exterior appearance of a structure visible or intended
to be visible from an adjacent public way, the owner, agent or representative
proposing to construct or change shall file with the Administrative
Official of the Town of Ocean View an application to construct, build,
alter, reconstruct, move, demolish or make the addition.
B.
Actions not requiring review by the Planning and Zoning Commission.
Ordinary repairs and maintenance that do not constitute a change to
the appearance of the structure include:
(1)
Repair of existing windows and doors, using the same material, including
the installation of storm windows that will not alter the exterior
appearance of the structure.
(2)
Maintenance and repair of existing roof material involving no change
in the design, scale, material or appearance of the structure.
(3)
Repair of existing roof structures, such as cupolas, dormers and
chimneys, using the same materials that will not alter the exterior
appearance of the structure.
(4)
Replacement of existing shingles, clapboards, or other siding, maintaining
the exterior appearance of the structure.
(5)
Maintenance and repair of existing shingles, clapboard or other siding,
using the same materials that are being repaired or maintained.
(6)
Repairs to existing shutters, fences, or retaining walls, using the
same materials for those items being repaired.
(7)
Change of paint color.
C.
Procedure for review by the Planning and Zoning Commission.
(1)
The applicant shall apply for a building permit. If the proposed site is a contributing structure in the HPOZ, the Administrative Official will notify the applicant that his/her project must be approved by the Planning and Zoning Commission (unless the project falls under Subsection B above) and will give him/her a Planning and Zoning Commission application.
(2)
For the initial application, the applicant shall fill out the application,
attach four copies of plans that include a sketch plan showing the
generalized location of existing structures and of the proposed change,
construction, alteration, or modification, including a description
of the type and texture of the materials to be used for the exterior;
current photographs of the property in question and of adjacent and
neighborhood properties, including the streetscape of both sides of
the street on which the subject property is located. An application
is deemed complete when these items have been submitted. After the
review process is completed, the Planning and Zoning Commission will
return two sets of plans to the applicant and retain two for its records.
(3)
Completed initial applications submitted to the Administrative Official
21 calendar days prior to a regular, scheduled Planning and Zoning
Commission meeting will be heard at that next scheduled Planning and
Zoning Commission meeting.
(4)
The Planning and Zoning Commission shall endeavor to arrive at a
decision at the first meeting at which the application is presented;
however, if the Planning and Zoning Commission decides that it needs
more information or time in which to make a decision, it shall either
place the application on the agenda for the next meeting or schedule
a special meeting. The Planning and Zoning Commission shall grant
or deny the application as expeditiously as possible, but in no event
no later than the next regular meeting of the Planning and Zoning
Commission; failure to act within said time frame shall be deemed
to be approval of the application as submitted; however, an extension
may be granted if agreed to by both the applicant and the Planning
and Zoning Commission.
(5)
If, after review of the application by the Administrative Official,
he/she determines that the proposed activity will require a variance,
the Administrative Official shall notify the applicant and provide
information on the process for application to the Board of Adjustment.
If no application to the Board of Adjustment is made by the applicant
within 30 days after notice has been given by the Administrative Official,
the application shall be deemed to have been withdrawn. However, if
the applicant desires to have the Planning and Zoning Commission review
an application prior to applying to the Board of Adjustment, the applicant
shall request the Administrative Official to forward the application
to the Planning and Zoning Commission.
(6)
The Planning and Zoning Commission may grant approval, grant approval
with conditions, or deny the application. A denial shall include the
reasons that the proposal does not meet the criteria in this Article.
The applicant shall have the opportunity to resubmit his/her application
with modifications; such resubmissions shall meet the same requirements
as the original. If the second submission of the application is denied,
the applicant may either modify the application for another submission
or appeal the denial to the Board of Adjustment. In no event may the
Planning and Zoning Commission make recommendations for changes that
will require violation of other requirements of this chapter.
(7)
Written notice of the decision of the Planning and Zoning Commission
will be forwarded promptly by the Planning and Zoning Commission to
the applicant and to the Administrative Official. Upon approval by
the Planning and Zoning Commission, the applicant will be advised.
The notice will inform the applicant to meet with the Administrative
Official to complete the application for a building permit. Approval
shall be valid for one year for the approved project; if the project
is commenced but not completed before the end of that period, the
owner shall apply to the Administrative Official for an extension
that may not exceed an additional period of one year. If the work
described in any building permit has not begun within 90 days from
the date of issuance thereof, said permit shall expire; it shall be
canceled by the Administrative Official; and written notice thereof
shall be given to the person affected.
(8)
Substantive changes to the Planning and Zoning Commission approved
project prior to or during construction shall require review and approval
by the Planning and Zoning Commission. For such changes, the applicant
shall submit one copy of the original application and a description
of the proposed changes as well as any supporting documentation to
illustrate the effect or noneffect of such proposed changes. Consideration
by the Planning and Zoning Commission of those changes shall be made
at the next regularly scheduled meeting or at a special meeting, if
appropriate.
D.
Demolition. No contributing structure or any part thereof deemed
to be contributing may be demolished without approval by the Planning
and Zoning Commission. The applicant shall satisfy the Planning and
Zoning Commission that he/she had taken into consideration reasonable
means to either mitigate or to eliminate the decision to demolish
the contributing structure. If the Planning and Zoning Commission
finds that the structure has no historic or architectural significance
or is noncontributing, or that the costs and expense of mitigation
are prohibitive, the Planning and Zoning Commission may approve the
application for demolition.
E.
Interior features. The Planning and Zoning Commission shall consider
only exterior features and shall not consider interior arrangements
except to the extent that an interior alteration affecting the exterior
is required by law or disability of owner or tenant.
F.
Designation of historic properties. Owners of property outside the
boundaries of the Historic District may request that their property
be designated a historic property. Before any such designation may
be assigned, specific procedures, information required and recordation
procedures and requirements shall have been determined. Such procedures
shall include reference to the guidelines of the Preservation Office
of the State of Delaware and National Register of Historic Places.
G.
Appeals. Any person aggrieved by a decision rendered by the Planning
and Zoning Commission shall have a right to appeal to the Town Council
of the Town of Ocean View.
In reviewing the plans for any construction, change, or demolition,
the Planning and Zoning Commission shall give consideration to:
A.
Historic or architectural value and significance of the structure
and its relationship to the historic value of the surrounding area;
B.
Relationship of the exterior architectural features of the structure
to the remainder of the structure and to the surrounding neighborhood.
Distinctive stylistic features or examples of skilled craftsmanship
shall be preserved, if possible.
C.
General compatibility of exterior design, arrangement, texture and
materials proposed to be used with other structures contributing to
the established character of the Historic Preservation District of
Ocean View;
D.
When application is made to demolish a structure or any part thereof,
the impact of its removal from the area in which it is located, and
its structural condition and the economic feasibility of alternatives
to the proposed demolition.
E.
When application is made to move an historic structure, the potential
loss of history to its original site and to the Historic District
as a whole, and the reasons for not keeping the structure at its present
location.
F.
The effect of the structure on the health, safety and general welfare
of the Town.
G.
Other factors, including the costs and expenses to the applicant
of maintenance, alteration, mitigation or demolition, that the Planning
and Zoning Commission deems to be pertinent, consistent with the Code
of the Town of Ocean View.
H.
The Planning and Zoning Commission may require the applicant to submit
both financial and construction details in support of any proposed
demolition.
