(a) No person shall make any alteration or demolition with respect to any property designated historic that is situated in a determined HPD or has been determined an HP unless a certificate of appropriateness has been previously issued with respect to such property. With respect to any such alteration or demolition, the owner of the property to be altered or demolished shall first apply for and secure a certificate of appropriateness from the Architectural Board of Review. In addition, any improvements or changes undertaken within public rights-of-way within an HPD also require a certificate of appropriateness from the Archi-tectural Board of Review.
(b) Unless the Commission has previously approved unique historic guidelines, the Architectural Board of Review when considering an application for a certificate of appropriateness shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate and shall refer to the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time, and which on the date of the adoption of this chapter are as follows:
(1) A property shall be used for its historic purpose or placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an HP shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to the historic materials and structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and environment would be unimpaired.
(c) In the case of archeological properties, the Architectural Board of Review shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook or successor publication(s).
(d) Approval Not Self-executing Where the Commission has Issued Unique Historic Guidelines: When unique historic guidelines have been established, if the proposed construction, reconstruction, alteration or demolition is determined by the Architectural Board of Review to be appropriate, then the Architectural Board of Review shall approve the certificate of appropriateness, subject to a final additional review by the Commission.
(e) Denial: If the Architectural Board of Review determines that the proposed construction, reconstruction, alteration or demolition is inappropriate, then the Architectural Review Board shall deny the certificate of appropriateness.
(f) Notice of Denial to Applicant: In the event that the Architectural Board of Review denies an application for a certificate of appropriateness, the secretary of the Architectural Board of Review shall forthwith notify the applicant in writing and transmit to him/her a copy of the reasons for denial and recommendations, if any, of the Architectural Board of Review.
(g) Effect of Denial: Upon denying an application for a certificate of appropriateness, the Architectural Board of Review shall impose a waiting period to not exceed thirty (30) days from the date of disapproval during which the applicant may develop a compromise proposal. With respect to an application involving a demolition, the Architectural Board of Review may, at its discretion, extend the aforementioned waiting period a maximum of one (1) year from the date of disapproval. If both parties accept a compromise proposal, the Architectural Board of Review may henceforth approve a final certificate of appropriateness, unless unique historic guidelines have been adopted by the Commission and pertain, in which case any compromise must also be approved by the Commission.
(h) Negotiations During Waiting Period for Demolition: In the case of a denial of an application for a certificate of appropriateness for demolition:
(1) The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the property. If the aforementioned do not agree on a means of preserving the property at the initial meeting then they may continue to undertake meaningful and continuing discussion with the purpose of finding a method of preserving the property.
(2) If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.
(3) If, after holding such good-faith meetings in the waiting period as specified above, and after reviewing a substantial hardship statement filed by an applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review shall approve a certificate of appropriateness for such proposed demolition.
(i) Negotiations During Waiting Period for Alteration: In the case of denial of an application for a certificate of appropriateness for construction, reconstruction or alteration:
(1) The Architectural Board of Review, along with the Director, Commissioner, members of the Heritage Advisory Board, and other officials of the City as needed, may participate in negotiations with the owner or owners and any other interested party in an effort to find a means of preserving the historic integrity of the property. The aforementioned shall investigate the feasibility of all means of preserving the historic integrity of the designated property. If the aforementioned do not agree on a means of preserving the historic integrity of the property at the initial meeting, then they may continue to undertake meaningful and continuing discussion of the purpose of finding a method of saving the historic integrity of the property.
(2) If the applicant fails to meet with the aforementioned in good faith, in the time specified, then the Architectural Board of Review's denial of the application will stand.
(3) If, after holding such good faith meetings in the waiting period, and after reviewing a substantial hardship statement filed by the applicant, the Director determines in writing that failure to approve an application for a certificate of appropriateness will create a substantial hardship or burden to the applicant and that such certificate of appropriateness may be approved without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then the Architectural Board of Review can approve a certificate of appropriateness for such proposed alteration.
(j) Alternative Summary Procedures Not Requiring Board or Commission Action: The Director, or his/her designee, may administratively approve an application for a certificate of appropriateness for the following activities:
(1) Repair or replacement of gutters and downspouts, provided there is no change in material or location.
(2) Exterior wall insulation provided the exterior holes are repaired with a matching material. For vinyl or aluminum siding, the necessary siding shall be removed prior to the work and then reinstalled. Insulation work that requires venting of any type that appears on the exterior of a structure requires a certificate of appropriateness.
(3) Re-roofing, only with like material and if the original style and shape of the roof is not altered.
(4) Storm windows and storm doors, provided that the item(s) installed:
A. Does/do not significantly alter the visual effect of the opening;
B. Is/are compatible with the character of the building;
C. Does/do not require the removal of original windows and/or doors.
(5) Repair of the surface of driveways, parking or loading areas or walkways with like material.
(k) Summary Procedures Report: The Director shall provide to the Architectural Board of Review a summary of the certificates of appropriateness for each administrative approval issued.
(l) As long as the following activities do not result in alteration to the HPD or HP, they are approved:
(1) Exterior and interior painting; and
(2) Landscaping improvements, referring only to the planting or arrangement of trees, shrubs, flowers and plants.
(m) If no action has been taken by the Architectural Review Board or the Director, or his/her designee, on an application for a certificate of appropriateness within sixty (60) days after such application has been received by the Architectural Review Board, the certificate of appropriateness shall be deemed issued.
(Ord. 15-14. Passed 3-17-2014.)