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Once a landmark or historic district designation is made, it shall not be repealed by the city council unless it is determined at any time that:
A. Evidence used to establish the designation was erroneous, newly discovered evidence establishes that the designation was erroneous, the historic assessment report used to make the designation omitted material evidence, or material procedural errors were made during the designation proceedings; or
Changes of use, differences of opinion of subsequent city councils, desires of property owners, or general financial considerations shall not be sufficient reasons to repeal a designation. The repeal of a landmark or historic district may be initiated by the commission, the city council, or an owner of the subject property. The city council shall consider an application for repeal of a previously designated landmark or historic district utilizing the same proceedings for designation set forth in section 10-3-3215 of this chapter. If a landmark or historic district designation is repealed, the city's register of historic properties shall be updated accordingly. (Ord. 15-O-2682, eff. 11-19-2015)
Upon the initiation of designation proceedings, any alteration, restoration, reconstruction, relocation, rehabilitation, stabilization, or demolition, in whole or in part, of a proposed landmark or a property located in a proposed historic district is prohibited, and no permits shall be issued by any city department, board, or commission, including, but not limited to, a conditional use permit, a tentative tract map or tentative parcel map permit, a development review permit, any administrative approval, design review approval, or architectural review approval. No building permit authorizing any alteration, restoration, reconstruction, relocation, rehabilitation, stabilization, or demolition shall be granted while a property or historic district is being considered for nomination by the commission or designation by the city council, or any appeal related thereto is pending. Pending permit applications may be processed, but no final action shall be taken until after the conclusion of all designation proceedings and the expiration of all periods for appeal or city council review thereof.
Notwithstanding the foregoing, the director may waive the hold on building permits if the director determines that proposed work would not alter any of the character defining features of a subject property, or that the work would comply with the secretary of the interior's standards. The director may also issue permits to mitigate or eliminate an imminent threat to the public health, safety, and welfare.
If, in a final decision, the commission decides not to nominate a property or geographical area for designation as a landmark or historic district, as the case may be, or the city council decides not to designate a nominated property or geographical area as a landmark or historic district, as the case may be, then, after all periods for appeal or city council review have expired, the temporary prohibition on the issuance of a permit to alter, restore, reconstruct, relocate, rehabilitate, stabilize, or demolish the proposed landmark, or the properties within the proposed historic district, shall terminate, and, upon the issuance of such permits, alteration, restoration, reconstruction, relocation, rehabilitation, stabilization, or demolition may proceed. (Ord. 15-O-2682, eff. 11-19-2015)
Any work involving a change in design, material, or appearance proposed on a property that is listed on the local inventory, or that is at least forty five (45) years or older and was designed by a person identified on the city's list of master architects, or both, or that is otherwise determined to be an eligible property by the director within the ten (10) day notice period required under section 9-1-107 of this code, section 102.6.4, shall be subject to a thirty (30) day holding period prior to the issuance of any permits. Permit applications may be processed, however no final action shall be taken until after the thirty (30) day period has ended, and the permit applicant shall pull the permit within thirty (30) days after the end of the thirty (30) day holding period. The director may waive the thirty (30) day holding period if the director determines that the subject property is not an eligible property, or that the proposed work would not alter any character defining features or would comply with the secretary of the interior's standards. Work proposed on historic properties and properties within historic districts may require a certificate of appropriateness pursuant to section 10-3-3219 of this chapter. (Ord. 15-O-2682, eff. 11-19-2015)
No person, owner, or other entity shall alter, restore, reconstruct, relocate, rehabilitate, stabilize, demolish, or change the exterior appearance of a designated landmark or contributing property without first having applied for and been granted a certificate of appropriateness or certificate of economic hardship, unless the work proposed qualifies as "ordinary maintenance and repair" as defined in this article. Furthermore, a certificate of appropriateness or certificate of economic hardship may be required for alterations, demolition, new construction, and exterior changes in appearance of noncontributing properties in a designated historic district, as provided below.
A. Applications: An owner of a historic property or a noncontributing property in a historic district may request a certificate of appropriateness by filing a written application with the department of community development. The application shall be completed on a form provided by the department, and shall include all required information and payment of applicable fees.
B. Ordinary Maintenance And Repair: A certificate of appropriateness shall not be required for ordinary maintenance and repair of a designated landmark or property within a historic district. Ordinary maintenance and repair shall mean work on a landmark property or property within a historic district that meets all of the following conditions:
1. Does not, by law, require issuance of a permit;
2. Involves regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition; and
3. Does not involve a change of design, material, or appearance of the property.
C. Standards For Review Of Noncontributing Properties In A Historic District: Any construction work proposed on a noncontributing property shall be reviewed to assure that the scale, massing, materials, and design of the work is compatible with the district.
Unless otherwise set forth in this article, a certificate of appropriateness shall be required prior to issuance of a permit for the following activities involving noncontributing properties:
1. New construction, including new buildings, structures, and objects, and new ancillary features such as fences, gates and walls; and
2. Remodeling and additions visible from the public right of way.
An application for a certificate of appropriateness for work proposed on a noncontributing property shall be reviewed in the same manner as a certificate of appropriateness for work proposed on a landmark or contributing property.
D. Administrative Review: A certificate of appropriateness may be issued by the director for work that meets the following conditions:
1. Requires a permit, and
2. Does not involve a change of design, material, appearance, or visibility of the character defining features of a designated landmark or property within a historic district.
All proposed work on a landmark or contributing property shall comply with the secretary of the interior's standards. All proposed work on a noncontributing property shall comply with the standards set forth in subsection C of this section.
If the director determines that the proposed work would not result in a significant change of design, material, appearance, or visibility of character defining features, and: a) with respect to landmarks and contributing properties, would comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, would comply with the standards set forth in subsection C of this section, then the director shall issue the certificate of appropriateness.
If the director determines that the proposed work might result in a significant change of design, material, appearance or visibility of character defining features, or: a) with respect to landmarks or contributing properties, might not comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, might not comply with the standards in subsection C of this section, then the director shall refer the application for a certificate of appropriateness to the commission for review.
If the director determines that the proposed work would result in a significant change of design, material, appearance or visibility of character defining features, or: a) with respect to landmarks or contributing properties, would not comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, would not comply with the standards set forth in subsection C of this section, then the director may deny the application for a certificate of appropriateness or refer the application to the commission for review.
3. An application for a certificate of appropriateness shall be acted upon by the director within twenty one (21) days of receipt of a complete application.
4. Work that may be approved pursuant to administrative review includes, but is not limited to, the following:
a. In-kind replacement of historically faithful architectural features or building elements that are deteriorated or damaged beyond repair, or were previously removed, including windows, doors, exterior siding, porches, cornices, balustrades, and stairs;
b. In-kind replacement of historically faithful built or cultivated site or landscape features that are deteriorated or damaged beyond repair, or were previously removed, including gates, fences, walls, hedges, pergolas, gazebos, walkways, and planting beds;
c. Replacement or repair of roof covering materials, gutters, and downspouts, with no change in appearance;
d. Foundation work and repainting of bricks on the exterior of a structure, with no change in appearance;
e. Addition of new fences and walls;
f. Addition or replacement of awnings and building mounted signs;
g. Landscape alterations, or removal or installation of tree and plant material not specifically designated or listed as character defining features of the property or district;
h. New paving for driveways, walkways, and/or patios;
i. Repainting of exterior surfaces that were originally intended to be painted. No surfaces that were not intended to be painted shall be painted including unpainted brick, concrete, or stone surfaces;
j. Installation of new exterior lighting;
k. Removal of additions to restore the original appearance of a building, structure, or object;
l. Electrical, plumbing, utility work, and other permits for mechanical and other building systems, including rooftop appurtenances not visible from the public rights of way which result in no change in appearance to the property;
m. One-story residential additions, excluding attached garages, that are no more than fifteen percent (15%) of the size of the existing main residence and have limited or no visibility to public rights of way; and
n. Other minor rehabilitation work as determined by the director.
E. Commission Review: When a certificate of appropriateness application is referred to the commission for review, a complete application shall be one that includes a report from a qualified historic preservation consultant detailing the project's compliance with, and potential deviation from, the secretary of the interior's standards in the case of landmarks or contributing properties, or subsection C of this article in the case of noncontributing properties.
When a certificate of appropriateness is requested for demolition or relocation of a landmark or contributing property, additional supporting materials and justification may be required as specified in the city's administrative guidelines.
Upon receipt of a complete application, the commission shall issue or decline to issue the certificate of appropriateness within sixty (60) days. The time limits in this section shall be extended by the director when necessary to comply with the provisions of CEQA, with the written consent of the owner, or to allow city staff an additional period of time not exceeding thirty (30) days in which to analyze information submitted to the city at or near the end of the sixty (60) day period in which to act on the application. A public hearing shall be scheduled and notice provided per this article and CEQA where applicable. The time, place, and purpose of the public hearing on the proposed certificate of appropriateness shall be given by written notice sent via certified mail, return receipt requested, to the owner or owner's designated representative at least fifteen (15) days prior to the date of the hearing.
The applicant for a certificate of appropriateness may submit such evidence to the commission as it deems appropriate at or prior to the hearing. At the hearing, the commission shall consider this and any other relevant information, as well as the reasonable economic, environmental, and technical feasibility of the proposed work, in determining whether to issue a certificate of appropriateness.
The commission shall issue a certificate of appropriateness if it finds that the work:
1. Complies with the secretary of the interior's standards; or
2. Does not demonstrate strict compliance with the secretary of the interior's standards, but nonetheless protects and preserves the historic and architectural qualities and the character defining features of a landmark or contributing property; or
3. Satisfies the requirements of subsection C of this section with respect to a noncontributing property; or
4. Meets the criteria established for alteration, restoration, reconstruction, relocation, rehabilitation, stabilization, or demolition of a landmark or contributing property in the city's administrative guidelines.
F. Extension Of Time Periods: Any period of time to act specified in subsection D or E of this section may be extended by the commission or the director upon request of the owner of the subject property. Such a request shall be made in writing or on the record at a noticed hearing.
G. Term: A certificate of appropriateness shall lapse and become void twenty four (24) months from the date of issuance, unless a building permit (if required) has been issued and the rights granted by the permit or certificate have been exercised and are being pursued to completion. For purposes of this subsection, the term "exercised" means substantial expenditures in good faith reliance upon the permit or certificate. The burden of proof in showing substantial expenditures in good faith reliance upon the permit or certificate shall be placed upon the permit or certificate holder.
H. Extensions Of Certificates: So long as the approved plans have not been modified, a certificate of appropriateness may be extended for a period of up to an additional twelve (12) months upon request by the owner and submittal of an appropriate application and payment of applicable fees. The director may approve, conditionally approve, or deny any request for a time extension, or may refer the request to the commission, which may approve, conditionally approve, or deny any request for a time extension based upon criteria established in the city's administrative guidelines.
I. Modifications: An application to modify an issued certificate of appropriateness, or a condition of approval imposed thereon, shall be heard and considered in the same manner and by the same body as the originally reviewed application unless otherwise determined by the director. Payment of applicable fees is required upon submitting an application for modification. (Ord. 15-O-2682, eff. 11-19-2015)
The commission may issue a certificate of economic hardship to allow demolition, alteration, or relocation of a designated landmark or contributing property when it finds that denial of an enabling certificate of appropriateness would cause undue economic hardship for the property's owner(s). Any landmark or contributing property that is otherwise subject to a specific plan shall not be eligible for a certificate of economic hardship under this section.
A. Applications: An owner of a historic property may request a certificate of economic hardship by filing a written application with the department of community development. The application shall be completed on a form provided by the department, and shall include all required information and payment of applicable fees to process the application and fund a peer review, by one or more appropriate consultants selected by the city, of the information submitted by the applicant. The application shall also include the following information:
1. The estimated market value of the property in its current condition.
2. The estimated market value of the property after completion of the proposed demolition, alteration, or relocation.
3. The estimated costs of the proposed demolition, alteration, or relocation.
4. A report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
5. If the property owner contends that there is a dangerous or unsafe condition on the property, a report from an expert consultant identifying the condition, its cause, and all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to abate the condition.
6. The estimated costs of all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to eliminate existing structural deficiencies or unsafe conditions on the property.
7. The estimated market value of the property if the owner undertook all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to eliminate all existing structural deficiencies or unsafe conditions on the property.
8. For income producing properties located outside of areas of the city zoned for one-family development, information regarding annual gross income, operating and maintenance expenses, tax deductions for depreciation, annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.
9. An estimate of the potential economic benefits to the property owner of all development incentives and benefits readily available to the owner under this article.
10. Any other information the director may reasonably require in order to determine the present market value of the property, including, but not limited to:
a. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;
b. The amount paid for the property if purchased within the previous thirty six (36) months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; and
c. Any listing of the property for sale or rent, and prices asked, and offers received, if any within the previous two (2) years.
B. Public Hearing: Once the director determines that an application for a certificate of economic hardship and any applicable peer review(s) thereof are complete, the director shall schedule a public hearing before the commission concerning the application to occur within sixty (60) days, at which the commission may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a certificate of appropriateness. The time, place, and purpose of the public hearing shall be given by written notice sent via certified mail, return receipt requested, to the owner or owner's designated representative at least fifteen (15) days prior to the date of the hearing.
C. Findings: The commission shall not approve an application for a certificate of economic hardship unless it makes all of the following findings:
1. The current market value of the subject property is unconscionably less than the projected net value of the property after demolition, alteration, or relocation, based on the estimated market value of the property after demolition, alteration, or relocation and the estimated costs of demolition, alteration, or relocation; and
2. The projected net value of the subject property if all required rehabilitation, restoration, stabilization, and/or reconstruction measures are undertaken, based on the estimated market value of the property after rehabilitation, restoration, stabilization, and/or reconstruction, the estimated costs of rehabilitation, restoration, stabilization, and/or reconstruction, and the estimated economic benefits of all development incentives and benefits readily available under this article, is unconscionably less than the projected net value of the property after demolition, alteration, or relocation, based on the estimated market value of the property after demolition, alteration, or relocation and the estimated costs of demolition, alteration, or relocation.
D. Conditions Of Approval: If the commission approves an application for a certificate of economic hardship, it may condition its approval as it deems appropriate. Such conditions of approval may specifically include, but are not limited to, revocation of any previously granted historic incentive permit concerning the subject property.
E. Copies Of Certificate: Upon approval, copies of the certificate of economic hardship shall be forwarded to the applicant, the building official, the director, and any other department or agency upon request.
F. Effectiveness Of Certificate: No certificate of economic hardship shall become effective until the time to appeal its approval has expired.
G. Extensions Of Time Periods: Any period of time to act specified in this section may be extended by the commission or the director upon request of the owner of the subject historic property. Such a request shall be made in writing or on the record at a noticed hearing. (Ord. 15-O-2682, eff. 11-19-2015)
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