(A) Preapplication. Any owner of a historic landmark may, at any time, request the Commission to make a preliminary review of proposed work in order to determine whether the proposed work will meet the criteria set forth herein. The Commission may, on a basis of documents and other materials presented, make a preliminary finding of acceptability, which may then be used by the Commission to expedite the processing of a certificate of appropriateness after the owner has applied for a building permit and/or a certificate of appropriateness. The Commission will issue the certificate of appropriateness only if the work described on the permit documents submitted by the owner to obtain the permit is found to be substantially the same as that which was preapproved. If, during the preapplication review, the Commission finds that the proposed work does not meet the criteria, the Commission may advise the owner on possible ways to meet the criteria.
(B) Application. Any application for a building permit and/or Certificate of Appropriateness for construction, alteration or relocation affecting an eligible or historical landmark or the removal of a building, structure or improvement from a property within a designated Historic District, and any application for a demolition permit for the demolition of an eligible or designated historic landmark or for the demolition of a building, structure or improvement in a designated Historic District shall be sent by the City Clerk, within three working days of receipt, to the Commission. At the time of receipt of the application(s), the City Clerk shall issue to the applicant a historic preservation guidelines pamphlet prepared by or made available by the Commission, which summarizes the preservation requirements and preservation assistance available in the city with regard to the historic landmarks and Historic Districts. The Building Director shall not issue a building permit or shall not authorize the issuance of a permit or any alternations until a certificate of appropriateness or certificate of economic hardship has been issued.
(C) Subcommittee and Commission staff review and issuance of certificate of appropriateness.
(1) The Commission may propose and the City Council may adopt rules, procedures and criteria under which a Subcommittee of the Commission and/or Commission staff may approve applications for certificates of appropriateness when the proposed work involves:
(a) Restoration to original conditions;
(b) No changes in materials;
(c) Changes not visible from the street; or
(d) Other types of activities determined by the Commission to have limited effect on the historic, architectural or aesthetic qualities or landmarks or districts.
(2) The rules, procedures and criteria, if adopted, shall provide that the Subcommittee or Commission staff shall act within five working days from receipt of the application by the Commission to review, approve and issue a certificate of appropriateness, or to refer the application to the full Commission for its consideration.
(D) Commission review. If rules, procedures and criteria are adopted providing for Subcommittee and/or staff issuance of certificates of appropriateness under certain limited circumstances, applications which would not meet the criteria for Subcommittee or staff review under division (C) herein, shall be referred to the Commission by the Subcommittee or Commission staff, or applications which have been denied a certificate of appropriateness by Subcommittee or Commission staff shall be referred to the Commission. Except as otherwise provided for in rules and procedures adopted in accordance with division (C) herein, all applications for certificates of appropriateness shall be referred directly to the full Commission for review. The Commission shall review the completed application and supporting information within 30 days of receiving same, either from a subcommittee or directly from the City Clerk. The applicant shall be notified, in writing, of the date, time and place of the meeting at which Commission review on the proposed work shall take place. The applicant shall be requested to submit the plans; drawings, photographs or other information the Commission may request to complete its review. Requested information shall not delay the meeting. The notice shall be sent no less than five days before the meeting at which the proposed work is to be reviewed. The applicant may waive the requirement for this five-day advance notice, in writing. A special meeting of the Commission may be called if the application is received more than 15 days before the Commission’s next scheduled meeting. A final vote, as to approval or denial, shall be made within 45 days of the receipt of a complete application.
(E) Acceptance of proposed work and issuance of certificate of appropriateness. If, upon review, a majority of the Commission finds the proposed work is in accordance with the applicable criteria set forth in § 1478.13 herein and the purposes of this chapter, it may issue a certificate of appropriateness. The resolution issuing a certificate of appropriateness shall be sent to the applicant, the City Clerk, and the Building Department within five working days after the decision. A certificate of appropriateness shall expire one year after the date of issuance. Any change in the proposed work after issuance of a certificate of appropriateness shall require inspection by Historic Preservation staff to determine whether the work is still in substantial compliance with the certificate of appropriateness. If staff determines that the change in work is not in substantial compliance with the certificate of appropriateness, then the owner must submit a revised application to the Commission for review.
(F) Failure to issue a certificate of appropriateness.
(1) If the Commission finds that the proposed work does not meet the established criteria and, therefore, will adversely affect or destroy any significant historic, aesthetic or architectural feature or value of an eligible or designated historic landmark, or is inappropriate or inconsistent with the spirit and purposes of the chapter, it shall not take action on the application and shall so advise the applicant, the City Clerk and the Building Department, in writing, within five working days of the determination not to act on the application and shall further indicate to the applicant at that time that the applicant may submit an amended application for expedited review or may request a public hearing.
(2) Within the same five-working-day time frame, the Commission shall send a letter to the applicant explaining any changes recommended by the Commission before an amended application may be considered. The letter will address the appropriate review criteria and other points deemed pertinent by the Commission. The applicant may either amend the application or resubmit same for expedited review, or the applicant may request a public hearing on the application. If the applicant submits an amended application and it is determined to conform to Commission recommendations, a certificate of appropriateness may be issued by a majority of a quorum of the Commission.
(G) Public hearing following denial of a certificate of appropriateness. Within 15 days of notice to the applicant to file an amended application or request a public hearing, the applicant may request that the Commission hold a public hearing where additional evidence and testimony may be heard regarding the application for a certificate of appropriateness. The Commission shall hold a public hearing within 45 days of receipt of the written request.
(1) Notice of the date, time, place and purpose of the public hearing shall be sent by regular and certified mail to the applicant (see § 1478.08 to notify adjacent parties) and the notice shall also be published in a newspaper of general circulation in the city. The notice shall be sent and published not less than 15 days nor more than 30 days prior to the date of the hearing. The notice shall include the time and place of the hearing, a general description of the contents of the request to be heard, and the address or location of the property to which the request applies.
(2) At the public hearing, the Commission shall take testimony presented by the applicant and any other interested parties concerning the effect of the proposed alteration, construction, relocation, removal or demolition upon an eligible or designated historic landmark, or the effect of the proposed removal or demolition of any structure, building or improvement with a Historic District upon the district, and shall conduct the hearings in a manner consistent with the Rules of Procedure for Hearings Before the Historic Preservation Commission adopted herein and made a part hereof and as may be amended from time to time, by action of the Commission and the City Council. The hearing may be continued to a date certain, with the concurrence of the applicant.
(3) Within 15 days following the completion of the public hearing, the Commission shall issue or deny the certificate of appropriateness. Notice of the Commission’s decision will be sent to the applicant and owner, the City Clerk and the Building Director within five working days of rendering the decision. Notification procedures outline under § 1478.08 of this chapter will apply.
(H) Appeal to the City Council. Upon denial of the application for a certificate of appropriateness by the Commission, the applicant may appeal the denial to the City Council or may request a certificate of economic hardship.
(Ord. 06-50, passed 11-28-2006; Ord. 11-19, passed 4-26-2011)