From and after the designation of a historic landmark or a historic district, no exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement or other appurtenant features), nor above-ground utility structure, nor other exterior features such as signs, significant landscape, archeological and natural features of the area, shall be erected, altered, restored, moved, or demolished on such landmark or within such district until an application for a certificate of appropriateness has been submitted to and approved by city staff or the Historic Resources Commission ("HRC"). A certificate of appropriateness must be issued prior to the issuance of a building permit granted for the purposes of constructing, altering, moving, or demolishing structures. A certificate of appropriateness shall be required whether or not a building permit is required.
Decision Type:
Minor Work: Administrative Decision
Major Work: Quasi-Judicial Decision
(a) Minor works.
(1) Purpose. A minor works certificate of appropriateness is required for those projects in which the visual character of the structure or grounds is not substantially changed. Structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed improvements are not incongruous with the special historic character of the local historic district or landmark. This section describes the procedure for applying for and receiving a certificate of appropriateness for a minor work.
(2) Pre-application procedure. No pre-application conference is required prior to applying for a certificate of appropriateness for a minor work. Applicants are encouraged to call or visit the planning and development department prior to requesting a certificate of appropriateness to determine what information is required for the application and to obtain the appropriate guidelines historic district or landmark design standards.
(3) Application submittal.
a. Filing of application. An application, along with the adopted design standards, for minor works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department to begin the review process.
b. Fees. For all minor work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
c. Information required. Each application for a minor works certificate of appropriateness shall include the information for the application type as listed on the application checklist.
(4) Staff review. The director of historic resources or his or her designee shall review the application for compliance with the principles and standards principles and guidelines applicable to the historic district and/or local historic landmark within ten working days. The review may include a meeting with the applicant at the site of the proposed work. If the proposed minor work is consistent with the applicable design review standards guidelines, the director or his or her designee shall issue a certificate of appropriateness for the work.
(5) Public notification. No public notification is required for a minor works certificate of appropriateness application.
(6) Formal review. No formal review of a request for a minor works certificate of appropriateness is required unless an appeal of the decision of the director is taken to the Historic Resources Commission ("HRC").
(7) Variances. No variances from the principles and standards principles and guidelines applicable to a review for a minor works certificate of appropriateness shall be granted.
(8) Appeals. An appeal of the decision of the director of historic resources regarding approval or disapproval of an application for a minor works certificate of appropriateness shall be heard by the HRC. The appeal must be made in writing within 30 days of receipt by the applicant of the written decision of the director of the HRC.
(9) Certificate of appropriateness validity. A minor works certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.
(10) Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a minor works certificate of appropriateness in accordance with the requirements set forth above and/or failure to comply with the terms of a minor works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the minor works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(b) Major works.
(1) Purpose. A major works certificate of appropriateness is required for those projects which involve new construction; a change in the appearance of a building, structure, or landscape; demolition of a building or structure; relocation of a building or structure; or any other work which is more substantial in nature than work for which a minor works certificate of appropriateness is required. Buildings, structures and grounds located within local historic districts or associated with landmarks require certificates of appropriateness, which certify that the proposed changes are not incongruous with the special historic character of the local historic district or the landmark. The procedures for applying for and receiving a certificate of appropriateness for a major work are set forth in this section.
(2) Pre-application procedure. A pre-application conference is required prior to applying for a certificate of appropriateness for a major work. Applicants should call or visit department staff to discuss proposed design changes and to schedule a pre-application conference to review the major work application.
(3) Application submittal.
a. Filing of application. An application, along with the adopted historic district or landmark design standards, for major works review will be made available or supplied by designated city staff. A completed application and required information shall be filed with the development services department at least 14 days prior to the HRC meeting at which the request is to be heard.
b. Fees. For all major work certificates of appropriateness, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
c. Information required. Each application for a major works certificate of appropriateness shall include the information for the application type as listed on the application checklist. The HRC may refuse to consider or table an application if it determines that insufficient information has been provided by the applicant.
(4) Staff review. Upon receipt of an application for a major work certificate of appropriateness, the director of the department or his or her designee shall review the application to ensure that it is complete. Following the review, the application shall be scheduled for review by the HRC.
(5) Hearing notification. Notice of the quasi-judicial hearing required under this section for major works certificates of appropriateness approval shall be provided in accordance with the provisions of N.C.G.S. § 160D-406.
(6) Formal review/quasi-judicial hearing. All applications for major work certificates of appropriateness shall be considered by the HRC. The request shall be scheduled for review at the next available regular meeting of the HRC. The HRC shall use the applicable principles and standards and principles in its review of all applications for certificates of appropriateness. The hearing shall be conducted pursuant to the rules of procedure established by the commission and according to the requirements of the N.C.G.S. § 160D-406 for quasi-judicial procedures. The HRC then shall take action to approve, approve with modifications, or disapprove the application. The HRC shall cause to be entered into the minutes of its meeting the reasons for its action. The HRC may, at its discretion, view the premises and obtain additional facts concerning any application, and may seek the advice of the North Carolina Department of Cultural Resources or other expert advice as it may deem necessary. All applications for a certificate of appropriateness shall be reviewed and acted upon within a reasonable time not to exceed 180 days from the date the application for a certificate of appropriateness is filed, as defined by the HRC's rules of procedure. The HRC shall base its decision regarding issuance or denial of a certificate of appropriateness upon competent, material and substantial evidence presented at the hearing. The decision shall be in writing, reflect the commission's determination of contested facts and their application the applicable standards, and be approved by the commission and signed by the chair or other duly authorized member of the commission.The decision of the commission shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. If the application is approved, the secretary of the HRC shall transmit, in writing a certificate of appropriateness, clearly describing the nature of the work which has been approved. The secretary shall attach a copy of the minutes of the meeting at which the approval was granted and a placard form of a certificate of appropriateness, which shall be displayed on the project site.
(7) Variances. No variances from the principles and standards applicable to a review for a certificate of appropriateness shall be granted.
(8) Appeals. An appeal of the decision of the HRC regarding approval of an application for a major works certificate of appropriateness shall be made to the superior court in the nature of certiorari by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with N.C.G.S. §§ 160D-1402 and 160D-1405.
(9) Certificate of appropriateness validity. A major work certificate of appropriateness shall be valid for one year following approval. If work on the project has not begun prior to expiration of the certificate of appropriateness, the applicant shall be required to resubmit the project to development services for review by the director of historic resources or his or her designee.
(10) Violations. Violations of the provisions of this section 7-5-11 shall include, but not be limited to, failure to obtain a major works certificate of appropriateness in accordance with the procedures set forth above and/or failure to comply with the terms of a major works certificate of appropriateness once it has been issued. Discontinuance of work in accordance with the major works certificate of appropriateness or lack of progress toward completion of the work for a period of 90 days shall constitute a violation of this section 7-5-11. Violations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2976, §§ 1b., c., 11-12-02; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3374, §§ 1(l), (w), 7-11-06; Ord. No. 4736, §§ 1d, e, 3-26-19; Ord. No. 4836, § 1(c), 10-27-20; Ord. No. 4361, § 1f, g, 3-23-21)