CHAPTER 6
CERTIFICATE OF APPROPRIATENESS
SECTION:
12-6-1: Applicability
12-6-2: Criteria
12-6-3: Procedure
12-6-1: APPLICABILITY:
   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)
12-6-2: CRITERIA:
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)
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