§197-40. Purpose; Definitions.

A. These regulations are applicable to structures used for residential purposes.

B. The purpose of this Article shall be to accomplish the following:

(1) To assist in preserving the historic character and the historic fabric of the City of Lewes.

(2) To safeguard the heritage of the City by preserving the elements which reflect the cultural, social, economic, political or architectural history of the city.

(3) To promote the use and preservation of the values as established by the Lewes Long Range Plan and Comprehensive Plan.

(4) To recommend alteration or new construction in keeping with the Historic District.

(5) To recommend restoration rather than demolition of contributing structures or historic properties.

(6) To encourage the proper maintenance, preservation and, when necessary, alteration of structures in the Historic District.

ALTERATION(S): 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, renovation, modification, alteration, moving or demolition to a non-commercial structure within the Historic District of the City of Lewes.

COMMERCIAL STRUCTURE/SITE: Any structure or site which is currently used primarily for commercial activities and not primarily for residential uses.

CONTRIBUTING STRUCTURES: Structures that are judged to add to the Historic District’s sense of time, place and historic development under criteria established by the HPC 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 (more than fifty (50) years old). No buildings individually listed on the National Register of Historic Places or listed as a Historic Property within or without the designated Historic District, or those buildings that may be candidates or are currently pending for such status, will be approved for demolition unless deemed by the Building Official to be a public hazard.

DEMOLITION: 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.

HISTORIC DISTRICT: An overlay zoning district on the City of Lewes Zoning Map designating that area of the City identified and designated as having historic importance and included in Appendix A. (Historic District Map)

HISTORIC PROPERTIES: Non-commercial structures and sites, public rights of way or areas designated by City Council as having importance in the history of the City of Lewes as listed in Appendix B. These properties may be within or not within the designated Historic District (see Appendix A).

IN PUBLIC VIEW: 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.

MAINTENANCE/REPAIR: 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.

MAYOR AND CITY COUNCIL: Hereinafter known as City Council.

NON-CONTRIBUTING STRUCTURE: 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 (more than 50 years old).

RESIDENTIAL STRUCTURE: Any structure or site currently used primarily for residential living.

STRUCTURE: A combination of materials to form a construction that is stable, including, but not limited to: buildings, sheds, outbuildings, fences.

§197-41. Historic Preservation Commission, composition, qualifications, appointment.

A. There is hereby established a commission to be called the “Historic Preservation Commission”(hereafter “HPC”).

B. The HPC shall consist of seven (7) 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 for a term of three (3) years. The terms of the members of the HPC first appointed pursuant to this Chapter shall expire as follows: three (3) members shall be appointed for a term of three (3) years; two (2) members shall be appointed for a term of two (2) years; and two (2) members shall be appointed for a term of one (1) year. Appointments shall be made with consideration of the diverse talents and communities represented in Lewes; priority consideration for appointments shall be given to representatives from the field of building construction and architectural design, as well as a representative of the Lewes Historical Society. At least three (3) members shall be residents of, or own property in the Historic District, and all members shall be residents of, own property in or be leaseholders of public lands within the City of Lewes.

C. The City Building Official shall be an ex officio member of the HPC. An ex officio member may exercise all the powers of the regular members of the HPC except that he/she shall not have a vote. No ex officio member shall hold an office on the HPC.

D. The HPC shall elect annually a chairperson, vice-chairperson, and a secretary from among its own members and may utilize experts, clerks and such other assistance that its fiscal appropriations may permit. The HPC 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 Building Official.

E. The HPC shall establish its own rules and procedures and determine the times of its meetings. All meetings and actions of the HPC shall be open to the public except appropriate executive sessions. All records of the HPC shall be public except those otherwise required to be confidential.

F. The HPC shall schedule semi-monthly meetings. If no agenda items are available or requested three (3) days prior to the time of the scheduled meeting, such meeting may be cancelled.

G. The HPC will hear all applications that meet the above criteria at its regularly scheduled meetings. The Chair will establish the meeting agenda for reviewing applications according to the scope of the project in the following order: minor changes, resubmissions, major changes, and new construction or demolition. The Chair will reserve the right to modify the sequence when necessary.

§ 197-42. Procedures.

A. Before the construction, alteration, reconstruction, moving or demolition of any dwelling, residence or related structures on property within the Historic District or on Historic Properties not within the Historic District (see Appendix A) 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 Building Official of the City of Lewes an application for permission from the HPC to construct, build, alter, reconstruct, move, demolish or make the addition.

B. Actions not requiring review by the HPC. 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.

(1) The applicant shall apply for a Building Permit; if the proposed site is in the Historic District, the Building Official will notify the applicant that his/her project must be approved by HPC (unless the project falls under Subsection B above) and will give him/her a HPC application and a “user friendly” brochure describing the application process.

(2) For the initial application, the applicant shall fill out the application, attach four (4) copies of plans that include a site plan along with all existing structures, changes, and elevation drawings, 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 HPC will return two (2) sets of plans to the applicant and retain two (2) for its records.

(3) The HPC will meet at regular intervals to ensure timely consideration of all applications pending before the HPC. Completed initial 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.

(4) The HPC shall endeavor to arrive at a decision at the first meeting at which the application is presented; however, if the HPC 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 HPC 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; 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.

(5) 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 thirty (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 the HPC review an application prior to applying to the Board of Adjustment, the applicant shall request the Building Official to forward the application to the HPC.

(6) As its decision, the HPC 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 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 HPC make recommendations for changes that will require violation of other requirements of this chapter.

(7) Written notice of the decision of the HPC will be forwarded promptly by the HPC to the applicant and to the Building Official. Upon approval by the HPC, the applicant will be advised 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 (1) 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 (1) year.

(8) Substantive changes to the HPC approved project prior or during construction shall require review and approval by the HPC. For such changes, the applicant shall submit one (1) copy of the original application and a description of the proposed changes as well as any supporting documentation to illustrate the effect or non-effect of such proposed changes. A subcommittee of the HPC may be designated to handle the review of such changes. If, in the view of the members of the subcommittee, the changes require the attention of the full HPC, consideration of those changes shall be placed at the top of the HPC’s agenda at the next regularly schedule meeting, or at a special meeting, if appropriate.

E. Interior features. The HPC 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 their his/her/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 HPC shall have a right to appeal to the Board of Adjustment of the City of Lewes.

§197-43. Criteria; standards.

A. Criteria. In reviewing the plans for any construction, change, or demolition, the HPC shall give consideration to:

(1) Historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(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;

(4) When application is made to demolish a structure of 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.

(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 the HPC deems to be pertinent, consistent with the Code of the City of Lewes.

(8) When owners of structures in the Historic District that have been or are designated as “non-contributing” make application to the HPC for approval for alteration or demolition, the HPC 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 HPC for alteration or demolition, preserving the property will be the HPC’s primary criterion in evaluating the application. The HPC may require the applicant to submit both financial and construction details in support of any proposed demolition.

(9) A proposed new structure or any alteration to an existing Historic Property shall be permitted to expand to the height and yard setbacks permitted in the underlying district.

(1) Roofs, Pitch, Dormers and Types: The roof and the pitch of the roof shall be in keeping with traditional roof types and styles in use in Lewes in new structures and alterations. The roof types traditionally found in Lewes include:

[1] Gable including such variations as the “clipped gable” and the “saltbox”;

[2] Gambrel or “barn roof”;

[3] A traditionally framed mansard with dormers incorporated into the roof design; and

[4] Hip including variations on hip roofs such as “gable on hip”. Any of these traditional roof types is acceptable without the need to duplicate the predominant roof type of a specific neighbor-hood 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 #1, #2 and #3).

(2) Roofing materials: Acceptable materials include wood, slate, metal, asphalt 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 material: All materials used shall be consistent with and appropriate in design, texture and other visual qualities to the style and period of the structure. Man-made siding (brick, stucco and cedar shake could all be considered man-made or manufactured) is acceptable, although, if used, it should have a traditional profile.

(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 pargeting (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 non-public view.

(6) Porches: 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 of 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.

(7) Windows: New structures or alterations to existing Historic Properties and construction or alterations of structures in the Historic District shall have windows that are compatible with existing and surrounding structures. (Reference drawing #4).

(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. 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 #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. Natural materials are recommended; chain link fences are prohibited. (Reference drawing #7).

(10) The current or future color of a structure of any part of the exterior of a structure in the Historic District shall not be reviewed or considered by the HPC.

(11) The HPC 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 HPC shall not deny any reasonable accommodation for a disability, compatible with this Ordinance; however, the HPC may suggest reasonable alternative design and/or placement.

Appendix A: Historic District Overlay Map
Appendix B: List of Historic Structures
Appendix C: Regulations of United States Department of Interior including Reference Drawings.