[Amended 7-9-2012; 12-9-2013; 5-9-2016; 7-11-2016; 5-8-2017; 2-11-2019]
A.
Purpose. The purpose of this article is to create and authorize the
Historic Preservation Architectural Review Commission (HPARC) to accomplish
the following:
(1)
To safeguard and enhance the historic heritage of the City by preserving
the elements which reflect the cultural, social, economic, political
or architectural history of the City.
(2)
To stabilize and improve property values in the City through historic
preservation and appropriate development.
(3)
To foster the safety, health and general welfare of the residents
and property owners of the City.
(4)
To strengthen the local economy.
(5)
To promote the use and preservation of the City of Lewes values as
established by the Lewes Comprehensive Plan.
(6)
To assist in preserving the historic character and the historic fabric
of the City of Lewes.
(7)
To recommend rehabilitation rather than demolition of contributing
structures or historic properties.
(8)
To encourage the proper maintenance, preservation and, when necessary,
alteration of structures in the Historic District.
B.
Establishment. There is hereby established a commission to be called
the Historic Preservation Architectural Review Commission.
C.
Composition; qualifications; appointment; elections.
(1)
The Historic Preservation Architectural Review Commission shall consist
of seven voting members to be appointed by the Mayor of the City of
Lewes, subject to confirmation by a majority of the elected members
of the City Council. At least three members shall be residents in
the Historic District, and at least six members shall be residents
of the City of Lewes. Recognizing the benefits of having HPC members
with professional and/or academic backgrounds related to historic
preservation, the seventh member may be an architect or other professional
with related experience, who is not required to be a City of Lewes
resident. Appointments shall be made with consideration of the diverse
talents and communities represented in Lewes and should, to the maximum
extent possible, include residents with the following expertise:
(a)
At least one representative of the field of architectural and/or
building design;
(b)
At least one representative with knowledge and/or experience
in historic preservation;
(c)
At least one representative with knowledge and/or experience
in building construction; and
(d)
One member of the Lewes Planning Commission.
(3)
Members of HPARC (with the exception of ex officio members), shall
serve for three-year terms, except that initial appointments shall
be staggered.
(4)
HPARC shall elect annually a Chair, a Vice Chair, and a Secretary
from among its own members and may utilize experts, clerks, and such
other assistance that its fiscal appropriations may permit. HPARC
may also appoint, by and with the prior approval of the City Council,
a custodian of its plans and records who may be the City Manager or
his/her designee or a Building Official.
(5)
HPARC shall make and adopt rules and/or bylaws necessary for the
conduct of its work.
D.
Meetings; records.
(1)
HPARC shall determine the times and frequency of its meetings, which
shall be held at least monthly; however, if no agenda items are available
or requested 10 working days prior to the time of a regularly scheduled
monthly meeting, the Chair may cancel the regularly scheduled monthly
meeting.
(2)
Except as provided otherwise with respect to executive session, financial
need, and chair and staff review, all meetings of HPARC shall be open
to the public.
(3)
The Chair will establish the meeting agenda for reviewing applications
and other business and has the right to modify the sequence when necessary
and, in unusual circumstances, has the right to call special meetings
with seven days prior public notice.
(4)
An agenda item may be withdrawn at any time up to and including the
opening of a scheduled meeting; however, if such matter has been withdrawn
prior to the meeting and it is the only matter for that agenda, the
chair may cancel the meeting.
(5)
Any interested person, or his or her representative, is entitled
to appear and be heard before the Historic Preservation and Architectural
Review Commission before a decision on any matter is rendered.
(6)
The Historic Preservation Architectural Review Commission shall comply
with Delaware and City of Lewes statutes, ordinances, and rules governing
public meetings and public record.
E.
ACTION NOTICE
ALTERATION
BUILDING HEIGHT, ESTABLISHED
COMMERCIAL STRUCTURE/SITE
CONTRIBUTING STRUCTURES
DEMOLITION
DEMOLITION BY NEGLECT
(1)
(2)
EXTERIOR FEATURES
HISTORIC DISTRICT
HISTORIC PROPERTIES
IN PUBLIC VIEW
INFILL
MAINTENANCE
MAINTENANCE/REPAIR
MASS
MASSING
MAYOR AND CITY COUNCIL
NEW CONSTRUCTION
NONCONTRIBUTING STRUCTURE
ORDER
OUTBUILDING
PRESERVATION
RECONSTRUCTION
REHABILITATION
RENOVATION
REPAIR
RESIDENTIAL STRUCTURE
RHYTHM
SCALE
SITE DEVELOPMENT PLAN
SKETCH PLAN
STREETSCAPE
STRUCTURE
WINDOW
Definitions. In this article, the following definitions shall be
applicable unless the context clearly indicates to the contrary:
A notice issued by Historic Preservation Architectural Review
Commission (HPARC) indicating its decision to either approve the plans
submitted, approve the plans with conditions, or deny the plans for
construction, alteration, reconstruction, rehabilitation, restoration,
moving, or demolition of a structure within the Historic District.
Any change in, or rearrangement of, the supporting members
of an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
Subject to approval by HPARC pursuant to this article, the
height of any single-family dwelling located in the Historic District
may be increased to the same height as any other existing single-family
dwelling within a 100 feet of the front property line, on the same
side of the street and within the same block. An exception to the
height limit of 30.5 feet may be granted by HPARC, if recommended
by the Building Official, to accommodate architectural features of
a roof or roofline. A flat roofline beyond the 30.5-foot limit shall
not be grounds for granting an exception. No residential structure
shall exceed the height of 36 feet.
Any structure or site which is currently used primarily for
commercial activities and not primarily for residential uses.
Structures that are judged to add to the Historic District's
sense of time, place and historic development under criteria established
by HPARC, 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 Lewes' history) and a longevity
test (built on or before December 31, 1940).
Destruction, razing, commencement of the work or steps of
total or partial destruction with the purpose of completing the same;
includes any neglect in the maintenance and repair of a structure
that threatens to result in substantial deterioration of the exterior
features or the structural integrity of the structure. Demolition
also pertains to any process that disassembles a structure, even if
the intent is to put that structure back together again.
Any neglect in the maintenance or repair of a contributing
structure, or a site within the designated historic district, which
results in conditions such as, but not limited to.
The deterioration of the foundations, exterior walls, roofs,
chimneys, doors, or windows, so as to create or permit a hazardous
or unsafe condition to exist; or
The deterioration of the foundations, exterior walls, roofs,
chimneys, doors, or windows, the lack of adequate waterproofing, or
the deterioration of interior features, which will or could result
in permanent damage, injury, or loss of or loss to foundations, exterior
walls, roofs, chimneys, doors or windows.
The architectural style, design, and general arrangement
of the exterior of an historic structure, including the nature and
texture of building material, and the type and style of all windows,
doors, light fixtures, signs or similar items found on or related
to the exterior of all structures.
An area of the City of Lewes identified and designated as
having historic importance. The Historic District is shown on the
City of Lewes Zoning Map as a series of zoning districts characterized
as "historic."
Structures and sites, public rights-of-way or areas designated
by City Council as having importance in the history of the City of
Lewes. A list of historic properties is on file in the City offices.
These properties may be within or not within the designated "historic"
zoning districts.
That portion of a structure that is visible, or could be
visible in the absence of a fence or landscaping, from the section
of a public right-of-way or public street upon which the structure
fronts. If the structure is located on more than one street, then
that portion of a structure that is visible, or could be visible in
the absence of a fence or landscaping, from any section of a public
right-of-way or public street abutting a property line of the property
on which the structure exists.
Construction of a completely new structure on a previously
vacant lot.
Work that does not alter the exterior fabric or features
of a site or structure and has no material effect on the historical,
archaeological, or architectural or cultural significance of the site
or structure.
Ordinary repairs and maintenance, including design, materials,
features or finishes of a structure which 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.
Bulk or three-dimensional size of an object.
The relationship of the structure's various parts to each
other. The combination of several masses to create a structure's volume;
organization of the shape of a structure, as differentiated from wall
treatment, fenestration, etc.
Hereinafter known as "City Council."
Construction which is characterized by the introduction of
new elements, sites, buildings, or structures or additions to existing
buildings and structures in the Historic District.
Structures that do not add to the Historic District's sense
of time, place and historic development. Such structures are so designated
because 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 Lewes' history) or longevity test
(built on or before December 31, 1940).
In architecture, "order" refers to the arrangement and relationships
of the parts of a building.
A term used to refer to all structures on a site, including
any accessory structure.
Actions taken to prevent or keep a structure from decay or
degradation.
The process of reproducing, by new construction, the exact
form and detail of a vanished structure, or part thereof, as it appeared
at a specific period of time.
The act or process of returning a property or building to
usable condition through repair, renovation, and/or preservation of
its features which are significant to its historical, architectural,
and cultural values.
Any activity requiring a building permit, the approval of
the Lewes Building Official, and/or any change in the exterior appearance
(other than maintenance) or structural change, including but not limited
to construction, reconstruction, modification, alteration, moving
or demolition of a structure within the Historic District of the City
of Lewes.
The process of rehabilitation which warrants additional work
beyond simple maintenance. "Repair" includes patching, piecing in,
splicing, consolidating or otherwise reinforcing materials according
to recognized preservation methods.
Any structure or site currently used primarily for residential
living.
The rhythm of a structure and its components is the spacing
or repetition of architectural elements or details. The regularity,
frequency and placement of doors, windows, porches and ramps and their
placement within a facade is a type of rhythm. Rhythm between adjoining
structures can exist when building types are repeated along a streetscape.
"Scale" is the relationship of the architectural mass of
the structure in the context of the streetscape. "Scale" may be thought
of as the relationship of the parts to a whole. "Scale" in architecture
is a measure of the relative or apparent size of a building or building
component in relation to a known unit of measure or a familiar size
for such a component.
A properly certified plan, prepared by a land surveyor registered
with the State of Delaware Board of Professional Land Surveyors or
by a professional engineer registered with the Delaware Association
of Professional Engineers, describing how a property will appear if
the proposed development application is approved, including detailed
drawings of proposed improvements. A site development plan shall conform
to the specific requirements outlined in this chapter.
An informal plan, not necessarily to exact scale, indicating
topographic and other salient existing features of a tract and its
surroundings and general layout of the proposed subdivision or land
development.
The visual appearance of a street formed by the location
and size of buildings, walkways, and other facilities.
A combination of materials to form a construction for use,
occupancy, or ornamentation, including but not limited to buildings,
sheds, outbuildings, fences, storage tanks, signs, bulkheads jetties,
groins, whether installed on, above, or below the surface of land
or water.
Windows have two main components, the frame and the sash.
The frame is the outermost area, or casing of the window, and inside
it are the sash and the glass. Historic windows have specific details
and proportions. Windows are among the most noticeable and recognizable
features of a building. They are the means for providing air and light
into a building. Significant characteristics of a window include their
materials, shape, pane arrangement, moldings, and hoods. In terms
of a review, all parts of a window will be taken into consideration
including the frame, crown, head, glass, grilles, muntin/mullion,
stiles, sash, jamb, rails, sill and apron.
A.
Jurisdiction.
(1)
The Historic Preservation Architectural Review Commission shall have jurisdiction over all structures in the City of Lewes except as stated in Subsection A(2). This jurisdiction includes all existing and new structures (including structures that have been or are proposed to be relocated) and encompass development, development plans, construction, alteration, renovation, modification, building remodeling and any other changes that may be made to a structure.
(2)
[1]The Historic Preservation and Architectural Review Commission
shall not have jurisdiction over:
(a)
Residential structures and associated outbuildings located outside
the Historic District or not otherwise defined as historic properties;
(b)
Any aspect of the design or construction of the interior of
structures that will not alter the exterior appearance of the structure;
(c)
Repair and or replacement 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;
(d)
Maintenance, repair and/or replacement of existing roof material,
involving no change in the design, scale, material, or appearance
of the structure;
(e)
Repair and/or replacement of roof structures such as cupolas,
dormers, and chimneys, using the same material that will not alter
the exterior appearance of the structure;
(f)
Repairs and/or replacement of existing shingles, clapboards,
or other siding, using the same materials, and maintaining the exterior
appearance of the structure;
(g)
Replacement or repairs to existing shutters, fences, or retaining
walls, using the same materials for those items being repaired or
replaced;
[Amended 7-10-2023]
(h)
Repainting or change of paint color, except when required as
part of a plan application;
[Amended 7-10-2023]
(i)
Outdoor museum exhibitions that comply with the requirements of Article IV; or
[Added 3-14-2022; amended 7-10-2023]
(j)
Commercial and industrial structures and associated outbuildings
located outside the Historic District or not otherwise defined as
historic properties.
[Added 7-10-2023]
[1]
Editor's Note: Former Subsection A(2), regarding participation
in a joint ad-hoc site development plan review committee, was repealed 7-10-2023. This ordinance
also redesignated former Subsection A(3) as Subsection A(2).
B.
Procedures.
(1)
Application and approval procedures.
[Amended 5-23-2022]
(a)
Applicants must contact the Building Official or their designee
to review the application process prior to preparing a building application;
(b)
After coordinating with a building official or their designee,
the applicant shall proceed with submitting an application form as
described by the Building Official or their designee;
(c)
Following submission of an application, the Building Official
or their designee will advise the applicant on the review process;
depending on the type of proposal and its location, a proposal would
be reviewed as follows:
[1]
Any project located within the Historic District or defined
as an historic property shall be subject to the Historic District
or properties review process under this section.
A.
For projects located in the Historic District or defined as an historic
property, the Building Official shall notify the applicant that his/her
project must be approved by HPARC using the procedures in this section
and shall give him/her an HPARC application and a brochure describing
the application process.
B.
For the initial application, the applicant shall complete the application
form and attach the required supporting documents. An application
is deemed complete when all required items have been submitted. After
the review process is completed, the Building Official will retain
two copies of the application for City records. When the application
is for demolition of all or part of a structure, a report from a licensed
professional engineer is strongly recommended.
C.
HPARC will meet at regular intervals to ensure timely consideration
of all applications pending before the Commission. Completed applications
submitted to the Building Official two weeks (10 working days) prior
to a regular scheduled meeting will be heard at that next scheduled
meeting. Applicants or their designee must attend the HPARC meeting
at the time their application(s) is heard.
D.
HPARC shall endeavor to arrive at a decision at the first meeting
at which the application is presented; however, if the 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. HPARC shall grant
or deny the application as expeditiously as possible, but in no event
later than the second meeting at which the application is on the agenda
and the applicant appears, except when the application is for demolition
(below); 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 Commission.
(1)
If an applicant or a member of the public has information, evidence
or testimony that contradicts the current designation of contributing
or noncontributing or has information about the history or other information
that could materially affect the decisionmaking process of Commission
members, HPARC shall consider that information, evidence or testimony
before addressing the application.
(2)
If the members of the Commission, by vote of the Commission, determine
that additional time is needed to digest the new information, the
decision will be postponed for one meeting, and the requirement for
a decision at the end of the second meeting at which the application
is considered shall be suspended.
E.
If, after review of the application by the Building Official, he/she
determines that the proposed activity will require a variance, the
Building 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 Building Official, the application
shall be deemed to have been withdrawn. However, if the applicant
desires to have HPARC review an application prior to applying to the
Board of Adjustment, the applicant shall request the Building Official
to forward the application to HPARC.
F.
HPARC may either 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 § 197-59, Criteria; standards (below). 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 HPARC make recommendations for changes that will require violation of other requirements of this chapter, except as noted in § 197-59B(9).
[Amended 10-11-2021]
G.
Written notice of the decision of HPARC will be forwarded promptly
by the Commission to the applicant and to the Building Official. The
notice will inform the applicant to meet with the Building 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 Building Official for an extension that may not
exceed an additional period of one year.
H.
Changes to an HPARC-approved project prior or during construction
shall require review and approval by HPARC. 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 no effect of such proposed changes. Consideration
of such changes shall be placed at the top of HPARC's agenda at the
next regularly scheduled meeting or may be considered for approval
by a Chair/staff review.
I.
Demolition or removal. If the structure or any part thereof is deemed
to be "contributing" and therefore has historic and/or architectural
significance, no demolition or removal of the structure from the premises
may take place until after a public hearing. Presentation and approval
of an application for construction, renovation, alteration, or reconstruction
at the property shall be required prior to the approval to move and/or
demolish the structure. Efforts may be taken to either mitigate or
to eliminate the demolition or removal through informal discussions
among the applicant, the Chair of HPARC, and the City Building Official.
In addition, HPARC may delay its final decision for up to an additional
60 days over and above the usual two-meeting requirement for a decision
in order to obtain an independent opinion from a licensed professional
engineer regarding the structural integrity of the property. A final
decision on demolition or removal must be rendered no later than 120
days after the initial application unless delayed by federal, state
or local holidays, severe weather or other natural disasters, emergencies,
or unless an extension is agreed to by the applicant and HPARC. If
the structure is noncontributing, HPARC may address the application
for demolition or removal without a hearing.
J.
Interior features. HPARC 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.
K.
Designation of historic properties. Owners of property outside the
boundaries of the Historic District may request his/her/their property
be designated an 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 United States Department
of the Interior (see HPARC bylaws and procedures).
L.
Appeals. Any person aggrieved by a decision rendered by HPARC, except pursuant to § 170-33E, regarding site development plan appeal, shall have the right to appeal to the Board of Adjustment of the City of Lewes.
[Amended 5-23-2022]
M.
Chair/staff review. In certain circumstances, the HPARC Chairman
(or HPARC commissioner appointed by the Chairman), Building Official,
and the Assistant Building Official may decide to approve an HPARC
application without a formal hearing. A Chair/staff review shall be
used for routine and minor Historic District construction applications
whose costs are estimated at less than $50,000. The requests may include
such items as the addition or replacement of fences, window replacements,
and other projects where HPARC (or its predecessors, the Commercial
Architecture Review Commission or the Historic Preservation Commission)
has a history of approving similar projects using the same materials.
N.
Financial hardship.
(1)
Purpose. Preservation of structures in its Historic District is very
important to the citizens of Lewes. The Commission may, however, in
exceptional circumstances, grant reasonable relief from compliance
with the Lewes Historic Preservation Ordinance to applicants demonstrating
financial hardship through reliable evidence.
(2)
Burden of proof for financial hardship claims. The burden of submitting
competent, credible evidence of financial hardship and of proving
financial hardship rests with the applicant.
(3)
Eligibility criteria. To determine financial hardship, the Commission
will apply a two-step process. First, using the applicant's gross
annual income, as reported on the applicant's two previous federal
income tax returns, the Commission will apply the current United States
Department of Housing and Urban Development (HUD) Section 8 income
limits for Sussex County. Depending on whether the applicant qualifies
as an individual or as part of a family, the applicant's individual
or family gross annual income must be no more than 50% of HUD's Sussex
County's median income in both of the two previous years to qualify
for relief from the Historic Preservation Ordinance. Second, if an
applicant qualifies for relief under the gross annual income standard,
the applicant must submit a statement of individual or family net
worth (form to be provided) which the Commission will review to make
a final determination of financial hardship. In exceptional cases,
however, the Commission may consider financial hardship claims from
applicants who do not meet either or both criteria.
(4)
Submission. After applying for a building permit, the applicant shall
submit a completed confidential City application (form to be provided)
for financial hardship to the Building Official along with the HPARC
application.
(5)
Additional submission requirements. In addition to submission of
the applicant's two previous federal income tax returns and statement
of net worth, the applicant must submit:
(a)
Cost estimates for the proposed project.
(b)
A written explanation of why the applicant cannot financially
comply with the historic preservation regulations.
(c)
All appraisals of the property obtained within the two years
preceding the year of the application by the applicant.
(d)
All listings of the structure for sale or rent, including the
price asked and offers received, during the current year and two years
preceding the year of the application, together with the reasons for
not selling or renting the structure.
(e)
If multiple parties have rights to ownership of the structure,
e.g., multiple heirs, financial information about all such parties
shall be submitted. Failure to provide such information may result
in denial of the claim.
(f)
The form of ownership or operation of the structure (sole proprietorship,
for-profit corporation, limited partnership, joint venture, etc.)
and financial information for the two years preceding the year of
the application for any such entity.
(g)
Evidence or a statement of whether the structure under review
is the applicant's primary residence.
(h)
Any other relevant information requested by the Commission.
(6)
The Building Official's office shall evaluate the submission for
completeness and shall discuss with the applicant possible methods
and materials to achieve the maximum possible compliance with the
Historic Preservation Ordinance. The Building Official's office shall
submit a recommendation to the Commission concerning possible resolution
of the claim for financial hardship, including granting or denying
the claim in whole or in part.
(7)
Order of Commission review.
(a)
The Commission shall hold a hearing to receive public comment
prior to the regularly scheduled meeting at which the commission will
consider the application in open session. If the specifies of the
applicant's financial situation must be further reviewed, the Commission
may go into executive session; however, the Commission shall provide
a public summary of its deliberations in executive session.
(b)
The Commission may request additional financial information
and additional information about the cost of compliance with the Historic
Preservation Ordinance, particularly if the applicant requests permission
to demolish a contributing structure partially or totally.
(c)
The Commission shall consider any evidence of self-created financial
hardship.
(d)
The Commission shall consider financial resources available
to the applicant through federal, state, municipal, or private programs.
(e)
The Commission shall consider the significance of a contributing
structure in terms of its prominence in City history, its age, its
significance to streetscape and nearby contributing structures, and
any other factors relevant to the structure as the Commission deems
appropriate.
(f)
The Commission shall consider whether the proposed work will
have irreversible effects on the structure.
(g)
The Commission may approve or deny the application for financial hardship or approve the application with conditions. The Commission shall recognize the applicant's needs and resources, while basing its decisions on historical, architectural, aesthetic, and legal considerations as set forth in § 197-59. The Commission may work with the applicant to find the most cost-effective design solution that will promote achieving the purpose and the intent of the requirements of this article. Although not required, the HPARC will attempt to arrive at a financial hardship application decision in one meeting.
(h)
A determination of financial hardship shall be applicable to
the proposed project application pending before the Commission and
does not automatically extend to additional applications for the alteration
of the structure.
(i)
A determination of financial hardship under this section is
applicable to the property owner(s) and does not run with the property.
Any change in ownership of the property voids a determination of financial
hardship and it is the responsibility of the applicant to notify the
Building Official's office of any change in ownership. The right of
any new owner(s) to apply for a financial hardship exception shall
be without prejudice.
(j)
Approval of an application for financial hardship shall be valid
for one year.
A.
Criteria. In reviewing the plans for any construction, change, or
demolition, HPARC shall give consideration to:
(1)
Historic or architectural value and significance of the structure
and its relationship to the historic, social and cultural value of
the surrounding area.
[Amended 7-10-2023]
(2)
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.
(3)
General compatibility of exterior design, arrangement, texture and
materials proposed to be used with other structures contributing to
the established character of the Historic District of Lewes and in
particular the character of the immediate area.
[Amended 7-10-2023]
(4)
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 and cultural significance of the structure.
[Amended 7-10-2023]
(5)
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.
(6)
The effect of the structure on the health, safety and general welfare
of the City.
(7)
Other factors that HPARC deems to be pertinent, consistent with the
City Code, include the following:
(a)
Facade treatment. The exterior features of all buildings should
be visually and physically compatible with those facades surrounding
them.
(b)
Height. New and renovated structures should be in harmony with
the streetscape.
(c)
Proportion. The relationship between the width and height of
the front elevation of a structure should be compatible to adjacent
structures. Proportion is also the relationship of the different elements
of the building itself, including but not limited to additions, porches,
windows, and doors.
(d)
Rhythm. The rhythm of the streetscape and building with its
components should be considered as one of the criteria.
(e)
Scale. Since the scale of the City of Lewes is intimate in nature,
any building contrary to that of the streetscape will be deemed to
be out of place.
(8)
When owners of structures in the Historic District that have been
or are designated as "noncontributing" make application to the HPARC
for approval for alteration or demolition, the HPARC evaluation shall
be based on the potential impact on the streetscape setting of the
property, rather than the potential impact on the property itself.
When owners of structures in the Historic District designated as "contributing
structures" make application to the HPARC for alteration or demolition,
preserving the property will be the HPARC's primary criterion in evaluating
the application. The applicant shall have the burden of demonstrating
that the alteration or demolition of the structure meets the purpose
of this article and/or addresses the health, safety, and welfare of
the immediate area. HPARC may require the applicant to submit both
financial and construction details in support of any proposed demolition.
[Amended 7-10-2023]
(9)
A proposed new structure or any alteration to an existing structure or historic property shall conform to the City Code, except as noted in § 197-59B(9). However, it is the intent of the HPARC, consistent with its purpose (§ 197-56A) to assist in preserving the historic character and the historic fabric of the City of Lewes, to work in conjunction with applicants to arrive at the most desirable and appropriate outcome of their application to maintain harmony within the streetscape. To this end, HPARC may focus on height, rhythm, scale and proportion as issues that the applicant will be asked to consider and, when appropriate, to alter their plan and/or design.
[Amended 10-11-2021]
(10)
The current or future color of a structure or any part of the
exterior of a structure in the Historic District shall be reviewed
by HPARC for the purpose of ensuring historic character.
(11)
The HPARC shall not deny the addition of items such as solar
panels or other inventions that are designed to generate or conserve
energy except to designate reasonable alternative design and/or placement.
(12)
The HPARC shall not deny any reasonable accommodation for a
disability, compatible with this chapter; however, the HPARC may suggest
reasonable alternative design and/or placement.
(13)
The HPARC shall take efforts to safeguard and enhance the historic
heritage of the City by preserving the elements which reflect the
cultural, social, economic, political, architectural history or combination
thereof of the City.
[Added 7-10-2023]
(14)
The HPARC shall provide an equitable review of applications regarding
demolition, renovation or both to recognize the cultural history of
the City.
[Added 7-10-2023]
B.
Standards. The following standards shall be used by the HPARC in
preserving the district's architectural integrity and insuring the
compatibility of new construction and alterations with the existing
body of distinctive Lewes historic building styles. All materials
used shall be consistent with and appropriate in design, texture and
other visual qualities to the style and period of the structure. Standards
include the Secretary of the Interior's Standards for the Treatment
of Historic Properties, with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings.
[Amended 10-11-2021]
(1)
Roofs, pitch, dormers and types. The roof and pitch of the roof shall
be in keeping with traditional roof types and styles in use in Lewes
in new structures and alterations.
(a)
The roof types traditionally found in Lewes include:
(b)
Any of these traditional roof types is acceptable without the
need to duplicate the predominant roof type of a specific neighborhood
since part of the charm of the Lewes streetscape lies in the variation
of roof styles and pitches within these basic roof types. Modern variations
of these roof types that clearly bear no resemblance to the traditional
styles and pitches will not be approved. (Reference Drawings Nos.
1, 2 and 3.)
(2)
Roofing materials. Acceptable materials include wood, slate, metal,
asphalts, and fiberglass shingles. Repair materials shall be compatible
with the existing roofing material. When a flat roof is otherwise
consistent with the design criteria established in this article, i.e.,
porches, decks, widow's walks or cupolas, then rubber membrane or
similar material may be used.
(3)
Siding materials.
(a)
By definition, contributing structures demonstrate unique and
desirable design and materials that define the Lewes Historic District.
Therefore, contributing structures shall be held to a higher standard
than noncontributing structures and buildings.
(b)
All reasonable efforts shall be made to preserve the original
siding and materials of a contributing structure.
(c)
If the HPARC determines that it is reasonable for original siding
to be replaced (either partially or completely) on a contributing
structure, the HPARC strongly recommends that natural materials of
the same type and appearance be used to replace original siding and
materials. The HPARC may approve wood shingles, horizontal clapboard
siding, vertical board-and-batten, and brick, stone, or stucco for
siding replacement and repairs for contributing structures.
(d)
Natural materials matching or substantially similar to the original
siding shall be used on the front elevations of contributing structures.
(e)
While natural materials on all applications and elevations of
a contributing structure are strongly recommended, the HPARC may approve
the use of fiber cement siding and other appropriate modern siding
material on side and rear elevations of contributing structures. Any
fiber cement siding or other appropriate modern material shall be
consistent with original siding in profile, reveal, appearance, design,
and texture. The smooth, not the textured, side of fiber cement siding
or other appropriate modern material shall be used.
(f)
Regardless of the type of replacement siding material used,
replacement siding must be consistent in appearance and style with
the original materials or with the period of significance to which
the structure or building is being restored.
(g)
No vinyl or aluminum or other metal material may be used as
replacement siding on any contributing or noncontributing structure
unless it is demonstrated by the applicant that vinyl or aluminum
or other metal material was originally used for the structure. No
vinyl or aluminum or other metal siding material may be used in the
construction of any addition to an existing contributing or noncontributing
structure unless vinyl or aluminum or other metal material was originally
used for the structure and is currently in use on the structure.
(h)
No vinyl or aluminum or other metal siding material may be used
in the construction of any new noncontributing structure.
(4)
Foundation material. The traditional type of foundation in use in
the Lewes Historic District is brick or ballast stone. The use of
brick, or a brick veneer over a block foundation, is strongly recommended.
Other acceptable materials are natural stone and parging (stucco)
sufficient to disguise the block joints.
(5)
Chimney styles and materials. Chimneys in public view should be of
brick or pargeting (stucco). Metal chimneys are acceptable for use
in nonpublic view.
(6)
Porches. All materials shall be consistent with and appropriate in
design, texture and other visual qualities to the style and period
of the structure. Vinyl or aluminum or other metal railings and trim
are prohibited; provided, however, that if such vinyl or aluminum
or other metal railings and trim exist on a contributing or noncontributing
structure, it may continue but cannot be used on a new noncontributing
structure in the Historic District. If a porch is to be included in
new construction or alteration, it shall adhere to the height line
and average depth of other porches in the surrounding neighborhood.
When existing structures with traditional porches, either one- or
two-story, are renovated, owners are encouraged to preserve both the
porch and its architectural detailing. An open porch in public view
that encroaches into the setback shall not be converted into living
space. Areas under porches or decks shall not be open to view.
(7)
Windows.
(a)
Restoration. If the windows are original to the historic contributing
structure, every reasonable effort shall be made to rehabilitate rather
than replace them. Repair materials shall duplicate the old in composition,
design, and texture, and shall match as closely as possible the existing
historic window elements.
(b)
Replacement. In the event the original historic windows cannot
be restored, every reasonable effort shall be made to replace them
in kind using the same sash and pane configuration. The replacement
sash shall fit the window opening and not noticeably change the character-defining
components of the original window, including the depth of the sill
and reveal, mullion profile and configuration, appearance of the frame,
reflective qualities of the glass panes, exterior trim, and other
design details.
(c)
New construction. New structures in the historic district and
alterations to existing historic structures shall have windows compatible
with existing and surrounding structures.
(8)
Architectural details. The term "architectural details" applies to
such building features as window and door trim styles, cornices, ornamental
brackets, porch and entrance balustrades, porch pillars, corner pilasters,
gable peak ornamentation, lattice work, traditional paneled and louvered
wooden shutters and similar details. If consistent with the period,
shutters added to a structure shall present the appearance of working
shutters, i.e., set out from the siding surface, covering the window
casing, and of proper size and proportion in relation to the window.
Decorative shutters should not be installed on a building unless there
is clear evidence that such decorative shutters were used at some
point in the structure's period of significance. The applicant is
encouraged to extend the design motif of the existing structure to
any addition, and in the case of alteration of an existing structure,
the architectural details on the exterior shall be preserved (Reference
Drawings Nos. 5 and 6).
(9)
Walls, fences and gates. Materials shall be of a type compatible with the architecture of the Historic District and historic properties. Chain link, vinyl, and concrete block are prohibited. Height may exceed dimensional standards (§ 197-54) to ensure consistency with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(10)
Garages.
(a)
General. The standards in this section for the design, location,
and orientation of garages will help to maintain the character of
the Lewes Historic District. Homes built before 1900 typically had
carriage houses to house horses, carriages, and related items. When
co-located with a home, carriage houses were nearly always detached
from the home and located as far as possible from the home towards
the rear of the lot. Garages were not introduced until the early 20th
Century when automobiles became prevalent.
(b)
Design. As stated in the Secretary of Interior's standards,
new construction such as detached garages must blend with the historic
building in terms of rhythm, massing and scale, but it should be clear
that they are modern additions. Garages also should be consistent
with the style and period of the home. Design elements intended to
hide or disguise overhead and rolling doors are encouraged.
(c)
Location and orientation.
[1]
Detached garages. A garage should be detached and located towards
the rear of the property.
[2]
Attached garages. If a detached garage is not possible because
of setback requirements, physical constraints on the lot, lack of
lot size, or other design factors, an attached garage may be approved.
The proposed design should be distinct from and less prominent than
the dwelling. If the home is on the corner of two streets, an attached
garage should be accessed and oriented towards the secondary street.
Attached garages should not face the same street as the home. Exceptions
will be considered for contributing homes built in the 20th Century,
infill, and noncontributing homes where the applicant demonstrates
that the garage cannot practically face any direction other than the
same street as the home. An attached garage facing the same street
as the home will only be approved in rare and exceptional cases of
demonstrated substantial hardship. The applicant must demonstrate
the hardship with supporting documentation for the HPARC to consider
the approval.
(11)
Nonresidential and multifamily residential buildings.
(a)
Large mechanical equipment or other utility hardware on the
roof, ground or buildings shall be screened from public view with
materials harmonious to the building;
(b)
Exterior lighting shall be part of the architectural concept.
Fixtures, standards and all exposed accessories shall be harmonious
with the building design;
(c)
Refuse and waste removal areas, service yards, storage area,
yards and exterior work areas shall be screened from public view with
materials harmonious with the building;
(d)
Minimize the public view of large parking areas and service
facilities; provide a continuous edge along the street;
(e)
Visually enclose and define public street space that is comfortable
to pedestrians in proportion and scale;
(f)
Design and place buildings in order to preserve and enhance
special street views. In particular, views of important buildings
and natural features, focal points at T-intersections and views along
curbs and roadways should be encouraged;
(g)
Position new buildings to insure the adjacent properties have
visual privacy and sunlight as well as protection from the new development's
site illumination, noise and odor;
(h)
Design landscaping and buildings adjacent to historic properties
that are complementary to the significant historical features;
(i)
Design and position buildings to screen unsightly elements,
such as shipping and loading areas, transformers, dumpsters and meters
from public view;
(j)
Design the building roof to screen mechanical equipment from
view and contribute to an attractive visual setting; and
(k)
Design the building to ensure adequate blending of the storm
drainage requirement with the local environment.
