6-6(D)   HISTORIC CERTIFICATE OF APPROPRIATENESS - MAJOR

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(D) or DPM.

6-6(D)(1)   Applicability

This Subsection 14-16-6-6(D) applies to all development and modification of structures in any HPO zone and to all development or modification of a landmark site that does not meet the applicability standards for a Historic Certificate of Appropriateness - Minor in Subsection 14-16-6-5(B).

6-6(D)(2)   Procedure

6-6(D)(2)(a)   Applicants shall review their proposed projects with the Historic Preservation Planner before preparing final plans and submitting an application. The purpose of this discussion is to determine the approval procedure and create a project drawing checklist for the specific request.

6-6(D)(2)(b)   The Historic Preservation Planner shall review the application and forward a recommendation to the LC.

6-6(D)(2)(c)   The LC shall conduct a public hearing on the application and shall make a decision on the application.

6-6(D)(2)(d)   If the LC denies an application for a Historic Certificate of Appropriateness - Major for demolition, there shall be a moratorium on demolition for a period of 1 year, during which time the City shall make every effort to find a means of preserving the structure. By the end of the 1-year moratorium, if the City Council determines that the subject property is incapable of producing a reasonable economic return as presently controlled and that no means of preserving the structure has been found, pursuant to the criteria in Subsection 14-16-6-6(D)(3)(g), the City Council shall issue a demolition permit.

6-6(D)(3)   Review and Decision Criteria

An application for a Historic Certificate of Appropriateness - Major shall be approved if it complies with all of the following criteria.

6-6(D)(3)(a)   The change is consistent with Section 14-16-3-5 (Historic Protection Overlay Zones), the ordinance designating the specific HPO zone where the property is located, and any specific development guidelines for the landmark or the specific HPO zone where the property is located.

6-6(D)(3)(b)   The architectural character, historical value, or archaeological value of the structure or site itself or of any HPO zone in which it is located will not be significantly impaired or diminished.

6-6(D)(3)(c)   The change qualifies as a "certified rehabilitation" pursuant to the Tax Reform Act of 1976, if applicable.

6-6(D)(3)(d)   The structure or site's distinguished original qualities or character will not be altered. For the purposes of Section 14-16-3-5 (Historic Protection Overlay Zones) and this Subsection 14-16-6-6(D), "original" shall mean as it was at the time of initial construction or as it has developed over the course of the history of the structure.

6-6(D)(3)(e)   Deteriorated architectural features shall be repaired rather than replaced, if possible. If replacement is necessary, the new material shall match the original as closely as possible in material and design.

6-6(D)(3)(f)   Additions to existing structures and new construction may be of contemporary design if such design is compatible with its landmark status (if any) or the HPO zone in which it is to be located.

6-6(D)(3)(g)   If the application is for a Historic Certificate of Appropriateness - Major for demolition of a landmark or a contributing structure in an HPO zone, demolition shall only be allowed if it is determined that the property is incapable of producing a reasonable economic return as presently controlled and that no means of preserving the structure has been found. In making a determination regarding reasonable economic return, the LC or City Council may consider the estimated market value of the building, land, and any proposed replacement structures; financial details of the property, including but not limited to income and expense statements, current mortgage balances, and appraisals; the length of time that the property has been on the market for sale or lease; potential return based on projected future market conditions; the building's structural condition; and other items determined to be relevant to the application.