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)