Historic code 1210

Inasmuch as the identity of a people is founded on its past, and inasmuch as the City of Middletown has many significant historic, architectural, and cultural resources which reflects its heritage, this act is intended to:

(a) Protect and enhance the Historic Landmarks and Historic Districts which represent distinctive elements of Middletown’s historic, architectural, and cultural heritage;

(b) Foster civic pride in the accomplishments of the community in the past;

(f) Provide a review process for the continued preservation and protection of Middletown’s historic resources.

(a) Alteration – Any act or process that changes one or more of the exterior architectural features of a building or structure, including, but not limited to the erection, construction, reconstruction, or removal of the building or structure.

(b) Addition – Any act or process that changes one or more of the exterior architectural features of a building or structure by adding to, joining with or increasing the size or capacity of the building or structure.

(c) Applicant – Any person, association, partnership or corporation who or which applies for a Certificate of Appropriateness in order to undertake the erection, construction, reconstruction, or removal of the building or structure.

(d) Building – For purposes of this chapter, any structure created for the support, shelter, or enclosure of persons, animals, or property of any kind and which is permanently affixed to the land.

(f) Change – Any alteration, addition, demolition, removal or construction involving any property subject to the provisions of this chapter.

(g) Construction – The act of constructing an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property subject to the provisions of this chapter.

(h) Demolition – Any act or process that destroys in part or in whole any building or structure.

(i) Historic Commission – The board or commission established under the provisions of this chapter.

(j) Historic District – Any area designated by ordinance of the city which may contain within definable geographical boundaries, buildings, structures, or sites of historic, architectural or archaeological significance.

(k) Historic Landmark – Any individual site designated by ordinance which contains within definable geographical boundaries, buildings, structures, or sites of historic, architectural or archaeological significance.

(l) Historic Structure – Any building or structure which has historic, architectural, or archaeological significance and has been designated according to the provision of this chapter. This designation is based on the significance of a property to the history, architectural, archaeology or culture of the community, state or nation. It may be achieved in several ways:

(1) Association with broad patterns of our history, events, or activities

(2) Association with important persons

(3) Distinctive physical characteristics of design, construction, workmanship or form

(4) Potential to yield information important in history or pre-history.

These parameters are absolutely and insanely too broad and too subjective!!! Please read it! Associated??? Potential??? This includes virtually ANYTHING they want it to include and should be rejected summarily!!!

(m) Owner – the owner or owners of record of a Historic Landmark or property contained within a Historic District.

(n) Preservation – The act or process of applying measures necessary to sustain and retain the original historic form, integrity and materials of a historic property.

(p) Reconstruction – the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

(q) Rehabilitation – The act or process of making possible a compatible use for a property through repair, alteration, and addition while preserving those portions or features which convey its historic, cultural, or architectural values.

(r) Restoration – The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and the reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and

other code-related work to make properties functional is appropriate within a restoration project.

(a) Establishment and Composition.

(1) In order to execute the purposes declared in this chapter, there is hereby created a commission to be known as the Historic Commission for the City of Middletown.

(A) The Historic Commission shall consist of a minimum of eight members,

all residents of the City, and every attempt shall be made to include the following areas of expertise:

(i) A registered architect;

(ii) A professional landscape architect, historian, archaeologist, or city planner;

(iii) A person whose education and experience qualify him or her in building construction;

(iv) A member of the Middletown Historical Society.

(v) An attorney;

alterations and/or modifications, who shall reside or own property in such district.

(vii) A member of the Planning Commission.

(2) The Historic Preservation Administrator, appointed by the City Manager from the Planning Department, in addition to other duties, shall serve as Secretary to the Historic Commission.

(c) Appointment and Terms. Historic Commission members shall serve for a term of four years. Terms shall be staggered with at least two members having expiring terms each year. Historic Commission members shall serve without compensation.

(d) Organization. The Historic Commission chair and vice-chair shall be elected from and by the members at the first meeting of each calendar year. A simple majority of members shall constitute a quorum for all meetings.

(e) General Powers and Duties. The Historic Commission shall have the following powers and duties, in addition to those otherwise specified:

(2) The Commission shall work for the continuing education of the residents of the City in regard to the archaeological, historical, and architectural heritage of the City and the historic sites and historic districts designated under the provisions of this chapter. It shall keep a register of all historic sites and historic districts.

(3) The Commission shall provide a public forum for the review of nominations of

areas, places, structures, works of art, landmarks or similar objects within the City to the National Register of Historic Places of the U.S. Department of the Interior. Review shall include the relationship of the proposed nomination to the Historic Preservation Plan of the City and any other consideration which may be relevant to the proposed nomination. Such nominations may be generated from the Commission or from any other source.

(4) Approve or disapprove Certificates of Appropriateness in accordance with the provisions of this ordinance.

(5) Adopt and periodically modify the Historic Preservation Plan as the general

policy for designation of Historic Landmarks and Historic Districts and for the issuance or denial of Certificates of Appropriateness.

(a) The City Manager shall appoint a Historic Preservation Administrator from within the Planning Department to serve in addition to other duties.

(b) The Administrator shall enforce the regulations of this chapter in accordance with the administrative provisions herein.

(c) The Administrator shall issue Certificates of Appropriateness in accordance with requirements set forth in this chapter and shall take any other action authorized by this chapter to insure compliance with, or prevent violation of, its provisions.

(a) Criteria. In considering any area, place, structure, work of art or similar object in the City as a historic site or historic district, the Historic Commission shall apply the following criteria:

(1) The structure or site's character, value or significance as part of the

development of the City, the State or the United States;

(2) Its location as a site of a significant historic event;

(3) Its identification with a person who significantly contributed to the

development of the City;

(4) Its embodiment of distinguishing characteristics of an architectural style or

type;

(5) Its exemplification of the cultural, economic, social or political heritage of

the City;

preservation;

established and familiar feature of the City; and

(8) Its inclusion of prehistoric and/or historic archaeological sites or other

important representations of previous cultures.

The Historic Commission shall propose designations of any area, place, structure, work of art or similar object in the City as a historic site or historic district, and shall thereupon take the following actions:

(b) Notification of Owner and Notice of Public Hearing.

its recommendation of findings of fact.

(2) In the event that such owner refuses or declines to give his written consent

to the proposed designation, the Historic Commission shall schedule a public

hearing on the proposed designation, setting forth a date, time and place and

causing written notice to be given by certified mail to the owner or any person

having a legal interest of record in such property being proposed for designation.

The Commission shall cause a legal notice to be published in a newspaper of

general circulation in the City ten days prior to the hearing, setting forth the

nature of the hearing, the property involved, and the date, time and place of the

scheduled public hearing.

The Commission shall then make a decision regarding the proposed designation, in writing, within thirty days after the initial hearing date and shall notify the owner or any person having a legal interest in such property, as well as other interested parties who request a copy. The Commission shall state in its recommendation findings of fact that constitute the basis for its decision and shall transmit such recommendation concerning the proposed designation to the Middletown City Council.

(d) Action of City Council. The City Council shall give due consideration to the

findings and recommendations of the Historic Commission, as well as such views as may have been expressed by persons participating in the public hearing before the Commission, in addition to the recommendation of the Planning Department, in making its determination with respect to

the proposed designation of any areas, places, structures, works of art or similar objects as historic sites or historic districts. The City Council may, at its discretion, hold public hearings on any such proposed designation, whether such designation is proposed with the consent of the owner or after public hearings before the Commission. The City Council may then designate by

ordinance areas, places, structures, works of art or similar objects as historic sites or historic districts.

(e) Notification of Designation. As soon as is reasonably possible, the Historic

Commission shall notify the Chief Building Official of the official designation. The Commission shall also send by certified mail a certified copy of the designation ordinance to the owner and

any person having a legal interest in such property.

(f) Record of Designation. The Historic Commission shall direct the Law Director to cause a record of such designation to be filed with the County Recorder.

(a) Certificate of Appropriateness Required. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a Historic Landmark or property within a Historic District, nor shall any person make any material change in appearance of such property, its light fixtures, signs, awnings, windows, siding, roof, doors, shutters, sidewalks, fences, walls, retaining walls, steps, paving, or other exterior elements which

(b) Criteria for approval of a Certificate of Appropriateness. In considering an

application for a Certificate of Appropriateness the Historic Commission shall apply the following criteria:

(1) Properties which contribute to the character of the Historic District shall

be retained, with their historic architectural features intact and altered as little as

possible;

(2) Any alteration of an existing property shall be compatible with its historic

character, as well as with the surrounding district;

(3) New construction shall be compatible with the district in which it is

located. In determining compatibility the Historic Commission shall consider the

following:

(4) The general design, character, and appropriateness to the property of the

proposed alteration or new construction;

(5) The scale of the proposed alteration of new construction in relation to the

property itself, surrounding properties, and the neighborhood;

(6) The texture, materials, and color and their relation to similar features of

other properties in the neighborhood;

(7) The visual compatibility with surrounding properties, including proportion

of the properties façade, roof shape, and the rhythm of spacing of properties on

streets, including setback; and

(8) The importance of historic, architectural, or other features to the significance of the property.

(c) Action by Historic Commission.

(1) The Historic Commission shall take action to approve, deny, or approve with

(2) Effect of Inaction. If no action is taken by the Historic Commission on an

application for a Certificate of Appropriateness with 60 days after receiving the

application, the Certificate shall be deemed issued.

(d) Validity of Certificate. Certificates of Appropriateness shall be valid for one year after which time the owner must re-apply if he/she still wishes to undertake work on the property.

(a) Application for Demolition. An applicant whose Certificate of Appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant must establish that:

(c) Hardship Application Procedure.

(1) After receiving written notification for the Historic Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process. No building permit, demolition permit or zoning permit shall be issued unless the Commission makes a finding that a hardship exists.

(2) The applicant must file an application in writing to the Historic Preservation

Administrator outlining the reasons for the hardship request.

(4) The applicant shall consult in good faith with the Historic Commission, local

(5) If the Historic Commission and the applicant cannot agree on a means of

(6) Within twenty days of the receipt of the application and the report of the City

Manager, the City Council shall determine whether or not the immediate acquisition of such property is in the best interest of the public. In the event of an affirmative decision, the City Council shall direct the City Manager to take the necessary steps for immediate acquisition. In the event of a negative decision, the City Council shall either direct the Issuance of a Certificate of appropriateness, in accordance with applicable law, or, on the basis of the public's best interest, deny the Certificate.

No owner or person with an interest in real property designated as a Historic Landmark or property

produce a detrimental effect upon the character of the Historic Landmark or Historic District as a whole or the life or character of the property itself. Examples of such deterioration include:

(1) Deterioration of exterior walls or other vertical supports;

(2) Deterioration of roofs or other horizontal members;

(3) Deterioration of exterior chimneys;

(4) Deterioration of exterior stucco, siding, trim, brick, stone or mortar;

(5) Ineffective waterproofing of exterior walls, roofs, roof drainage systems,

foundations, including broken or damaged windows and doors;

(6) The permanent removal of interior architectural features or fixtures to the extent that the value of the property is diminished to make rehabilitation or restoration financially infeasible;

(7) The accumulation of rubbish and debris;

(8) Any condition as to cause fire or explosion or to provide a ready source of fuel to augment the spread or intensity of fire or explosion arising from any cause;

(9) Failure to adequately secure a building or structure to prevent vandalism or

destruction of a property; and

(10) Inadequate maintenance of yards and gardens as to detract from the

aesthetic qualities of the area, site or structure and its adjacent surroundings.

record or person responsible thereof of the time, date and place of such hearing and give public notice of the same. Such hearing shall be held not more than thirty days after the issuance of the Administrator's notice.

manner provided by law.

(2) That all accumulations of flammable or combustible rubbish or debris be removed from the premises by the owner or person responsible for the building;

(3) That all windows, doors and other openings in such buildings be locked,

barricaded or otherwise secured by the owner or person responsible for the building; materials and methods used for securing buildings and affecting the exterior appearance of the building shall require a Certificate of Appropriateness issued by the Commission. Costs incurred by the City where the owner or person responsible for the building fails to comply with such orders shall be due to and collectible by the City.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid by any court of competent jurisdiction, the decisions of the court shall not impair the remaining portions of this chapter, which shall continue in full force and effect.

Where a provision of this chapter is found to be in conflict with a provision in any other law, the provision that establishes the higher standard shall prevail.