A. Except as provided herein, a certificate of appropriateness shall be required before a building permit is issued for any designated historic landmark or any building, structure or property or part thereof in any historic district or within the territorial jurisdiction of the Batavia historic preservation commission. It is required if the building, structure or property will be subject to construction, alteration, repair, demolition, relocation or other material change that produces a major change in the exterior appearance.
B. Minor alterations or other changes that are determined by the commission to have no impact on historic and architectural resources shall not require a certificate of appropriateness. The commission shall recommend a description of such minor repairs, alterations or other changes for which the director of community development is authorized to issue a building permit without a certificate of appropriateness.
C. The requirement for a certificate of appropriateness may be waived in emergency circumstances which require immediate relief, repair, or demolition, where the fire chief or building commissioner determines that an emergency exists.
D. In the case of partial or complete natural destruction or demolition of a designated landmark or structure within a historic district, a certificate of appropriateness will be required prior to reconstruction. (Ord. 09-16, 3-16-2009)
In making a determination whether to approve or deny an application for a certificate of appropriateness, the Batavia historic preservation commission and the city council shall be guided by the following sets of standards:
A. United States Secretary Of The Interior's Standards For Rehabilitation:
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site 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 stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.
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 historic materials shall not be used. The surface cleaning of the structure, 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 integrity of the historic property and its environment would be unimpaired.
B. Design Guidelines: In addition to the secretary of the interior's design guidelines, further design guidelines for applying the criteria for review of certificates of appropriateness may be developed and adopted by the historic preservation commission. The historic preservation commission shall adopt design guidelines for applying criteria for adopting certificates of appropriateness including, but not limited to, the secretary of the interior's guidelines for rehabilitating historic buildings. The design guidelines shall at a minimum consider the following architectural criteria:
1. Height: The height of any proposed alteration or construction should be compatible with the style and character of the structure and with surrounding structures.
2. Proportions Of Windows And Doors: The proportions and relationships between doors and windows should be compatible with the architectural style and character of the structure and with surrounding structures.
3. Relationship Of Building Masses And Spaces: The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
4. Roof Shape: The design of the roof, fascia, and cornice should be compatible with the architectural style and character of the structure and with the surrounding structures.
5. Landscaping: Landscaping should be compatible with the architectural character and appearance of the structure.
6. Scale: The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures.
7. Directional Expression: Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
8. Architectural Details: Architectural details including types of materials, colors, and textures should be treated so as to make a structure compatible with its original architectural style and character of the landmark or historic district. (Ord. 09-16, 3-16-2009)
A. Application For A Certificate Of Appropriateness:
1. Subject to the provisions of section 12-6-1 of this chapter, every applicant seeking a building, demolition or sign permit affecting the exterior architectural appearance of buildings, structures or properties that are designated as landmarks or lying within a historic district shall be required to submit an application for a certificate of appropriateness. Such application shall be filed with the commission, at the community development department of the city of Batavia with accompanying plans and specifications. A filing fee may be required, as established by the city council.
2. The application for issuance of a certificate of appropriateness shall contain all of the following:
a. Street address of the property involved;
b. Legal description of the property involved, as well as the PIN;
c. Brief description of the present improvements situated on the property;
d. A detailed description of the construction, alteration, demolition or use proposed together with any architect drawings or sketches if those services have been utilized by the applicant and if not, a sufficient description of the construction, alteration, demolition, and use to allow the determination of what final appearance and use of the real estate will be;
e. Owner's or beneficial owner's name and signature(s);
f. Developer's name, if different than owner, and signature;
g. Architect's name;
h. A filing fee if required;
i. Any other information that may be deemed necessary.
B. Historic Preservation Review Procedure:
1. The historic preservation commission shall review the application for certificates of appropriateness at a public meeting within fifteen (15) days of receipt of the application. At that time the historic preservation commission will determine any additional information required to deem the application complete.
2. If the historic preservation commission finds at its initial review that the application merits further consideration, then the commission may continue the request once until its next regularly scheduled meeting or a maximum of fifteen (15) days, unless a further extension is consented to by the applicant in writing.
3. The historic preservation commission shall process the application as expeditiously as possible. At the next regularly scheduled meeting following the receipt of the commission's requested information, a decision by the Batavia historic preservation commission on the application shall be made. Upon approval of the application, the commission shall direct the director of community development to issue a signed certificate of appropriateness to the applicant with copies forwarded to the building commissioner.
4. A certificate of appropriateness shall be invalid if major adjustments, as determined by the director of community development, to the plans reviewed by the commission, are necessary to obtain a building permit, or if the building permit issued for the same work becomes invalid for any reason. A building permit application shall be filed within one year from the date of approval of the certificate of appropriateness or the certificate of appropriateness shall become null and void.
5. All applications for demolition of entire buildings or structures that are either landmarked or located within a historic district shall require the approval of the city council upon recommendation of the commission. The historic preservation commission, in making a determination whether to recommend approval or denial of an application for demolition, and the city council in acting on the recommendation, shall be guided by the following procedures and standards.
C. Demolition Review Procedures And Standards: All demolition proposals for properties located within a historic district, or that are locally landmarked, require an application for a certificate of appropriateness. Consultation with the BHPC staff prior to submitting an application is strongly encouraged. The review process consists of at least two (2) public meetings, and is structured to give ample time to the community, the applicant and the BHPC to obtain information and study the proposal thoroughly. Applicants or property owners will need to attend all meetings where the application is discussed. Where demolition of a secondary or noncontributing structure is proposed, the BHPC may at its discretion decide to streamline this process.
1. First Public Meeting:
a. The first public meeting will be held to consider the architectural and historical significance of the building and to initially review and discuss the proposed demolition. The BHPC may call upon expert witnesses as needed. Applicants may also present testimony as to the significance of the structure. The BHPC may schedule a site visit to the property prior to formal consideration of the application.
b. Next, the BHPC will determine whether sufficient information has been submitted with the application to allow thorough review, and whether all alternatives to demolition have been considered (see "Documentation Requirements Supporting Demolition", below).
c. If the BHPC finds that the documentation is complete and all alternatives to demolition have been considered, it will vote to accept the application and schedule the application for review at the next regular meeting. If the application cannot be accepted because additional information is needed, then the preliminary meeting will be continued until the next regular BHPC meeting or such time as the additional information can be submitted. The application is considered formally accepted as of the date of the vote to accept it.
2. Second Public Meeting:
a. The BHPC will review the application using the review criteria listed below. The criteria may vary depending on whether the structure was determined to be significant, contributing or noncontributing in the district, or if it is a landmarked property.
b. At the second meeting the BHPC will also preliminarily review any claim of economic hardship (see "economic hardship" guidelines).
c. All applications for demolition of entire buildings or structures that are either landmarked or located within a historic district shall require the approval of the city council upon recommendation of the historic preservation commission.
D. Review Criteria: The Batavia historic preservation commission shall use the following criteria for review:
1. Significant Or Contributing Structures Or Landmarked Properties: If the structure is deemed significant or contributing, or is a landmarked property, then at least one of the following requirements must be met in order for the BHPC to recommend approval of the demolition:
a. Retention of the structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure on its present site to any purchaser willing to preserve the structure.
b. Preservation of the structure is a deterrent to a major improvement program, which will be of substantial benefit to the community.
c. Preservation of the structure would cause an undue and unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including the sale of the structure to any purchaser willing to preserve the structure.
d. Preservation of the structure would not be in the interest of the majority of the community.
2. Secondary Factors: If one or more of the primary criteria have been met, then the BHPC may consider any or all of the following secondary factors in deciding whether to recommend approval or denial of the application:
a. The effect of the demolition on the surrounding buildings.
b. The effect of the demolition on the historic district as a whole.
c. The value or usefulness of any replacement structure to the community, and the appropriateness of its design to the historic district.
d. If the lot is to be left open, how the space will be treated and the impact on the district as a whole.
e. The effect of the demolition on the local economy.
f. Whether the demolition will foster civic beauty.
g. The effect of the demolition on safeguarding the heritage of the city, state or nation.
h. The effect of the demolition on promotion of the district for the education, pleasure and welfare of the citizens of the city.
3. Noncontributing Structures: If a structure is deemed noncontributing, the BHPC may consider any or all of the secondary criteria above in deciding whether to recommend approval of a certificate of appropriateness for demolition.
E. Emergency Demolition: The requirement for a certificate of appropriateness may be waived in emergency circumstances, which require immediate relief, repair, or demolition, where the fire chief or building commissioner determines that an emergency exists.
F. Documentation Requirements Supporting Demolition:
1. Consideration by the property owner of profitable adaptive uses for the property.
2. A report from a licensed architect or engineer with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
3. An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property including removal of the structure for preservation on a new site.
4. Any other information necessary to determine if the property can be reasonably used or yield a reasonable return to present or future owners.
G. Demolition Certificate Of Appropriateness Process:
1. The BHPC shall consider the application for a certificate of appropriateness for demolition, and shall make a recommendation of approval, approval with conditions or modifications, or denial. The commission may suggest changes in the proposal that would cause the commission to reconsider the application.
2. The recommendation of the BHPC shall be forwarded to the community development committee (CDC) of the city council for its review. The CDC shall review the historic preservation commission's recommendation, including minutes, the application and any other documentation reviewed by the BHPC, and shall make a recommendation to the full city council.
3. The city council shall review the recommendations of the community development committee and historic preservation commission, including the minutes, the application and any other documentation reviewed by them. The city council may approve, approve with conditions or modifications, or deny the application for a certificate of appropriateness, by the adoption of an appropriate resolution. The city council's decision in the matter shall be final subject only to administrative or judicial review as provided by law. (Ord. 09-16, 3-16-2009)
H. Denial Of A Certificate Of Appropriateness:
1. In the event that an application for a certificate of appropriateness, other than for demolition, is denied, the commission shall notify the applicant in writing of the denial and the reasons therefor. The commission may recommend changes in the proposal that would cause the commission to reconsider the application.
2. Within sixty (60) days of sending the notification of denial, the applicant may submit an amended application.
3. The historic preservation commission shall consider an amended application within fifteen (15) days of receipt.
4. The applicant may appeal an application for a certificate of appropriateness, which is denied by the historic preservation commission, to the city council, within ten (10) days from the date of denial on a form to be provided by the director of community development.
5. If appealed, the community development committee of the city council shall review the historic preservation commission's decision, including its minutes, the application and any other documentation reviewed by the historic preservation commission, and make a recommendation to the city council to approve or deny a certificate of appropriateness. Information not considered by the historic preservation commission shall not be considered by the community development committee or city council in the review of the appeal.
6. The city council shall review the appeal of a denial of a certificate of appropriateness in accordance with the recommendations of the commission and committee. The city council may thereafter affirm the denial of the certificate of appropriateness in accordance with the decision of the commission, or, if the city council finds that the applicable criteria of this section for granting a certificate of appropriateness are met, it may overrule the commission's decision and approve a COA by the adoption of an appropriate resolution.
7. The city council's decision in this matter shall be final subject only to administrative or judicial review as provided by law. (Ord. 10-36, 11-1-2010)