(A) Certificate Of Appropriateness: A certificate of appropriateness, issued by the commission, shall be required before a landmark or any improvement within a historic preservation district, visible from a public way, is:
1. Changed or modified;
2. Reconstructed;
3. Erected, wholly or in part;
4. Moved;
5. Demolished, wholly or in part.
Exterior paint schemes, storm doors, storm windows, screens, window air conditioners, antennas, and similar cosmetic items are not subject to a certificate of appropriateness.
(B) Commencement: No individual group, organization or city department shall commence such action in subsections (A) through (E) of this section without first obtaining a certificate of appropriateness.
(C) Other Permits Not Required: A certificate of appropriateness shall be required for any of the actions listed in subsections (A) through (E) of this section even when the action does not require a building or demolition permit.
(D) Certificate Required To Obtain Other Permits: No building or demolition permit shall be issued for work visible from a public way on any landmark or within the boundaries of a district unless a certificate of appropriateness has been issued for same work.
(E) Exception: Notwithstanding, a certificate of appropriateness shall be issued or waived if the applicant shows to the commission that a failure to grant the permit will cause an imminent threat to life, health or property.
(F) Application: The application for the certificate of appropriateness, available from the building official and returned to the same, shall include the following information:
1. Street address of property involved;
2. Legal description of property involved;
3. Brief description of the existing improvements situated on the property;
4. Detailed description of the construction, alteration, demolition or use proposed together with any architectural drawings or sketches if these services have been utilized by the applicant; and if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance of the real estate will be;
5. Owner;
6. Developer, if different from owner;
7. Architect, if utilized or retained;
8. Each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information not to exceed the size of eight and one-half inches by fourteen inches (81/2" x 14"), as may be reasonably required by the commission to make a decision.
(G) Submission Of Application: The building official shall, within five (5) working days, submit copies of the completed application for a certificate of appropriateness to the city engineer and the secretary of the commission.
(H) Review: The application for a certificate of appropriateness shall be reviewed at the next meeting of the commission following its receipt by the secretary of the commission from the building official.
(I) Current List Of Landmarks: The secretary of the commission shall submit to the building official a current list of landmarks and historic preservation districts.
(J) Criteria For Certificate Of Appropriateness For Landmarks: The application for a certificate of appropriateness shall be reviewed at the next meeting of the historic commission following its receipt by the secretary of the historic commission. If the historic commission finds that the activity proposed by the applicant:
1. Will not adversely affect the significant historical or architectural character cited in the application for landmark designation as called for in subsection 2-9-7(A) of this chapter; and
2. Is appropriate and consistent with the design criteria established for the landmark as created by this chapter; or
3. Will remedy conditions imminently dangerous to life, health and property as determined in writing by the building official;
then the historic commission shall recommend issuance of a certificate of appropriateness by the corporate authorities.
(K) Denial Of Certificate Of Appropriateness For Landmarks: If the historic commission finds the activity proposed by the applicant as not meeting any of the subsections of section 2-9-7 of this chapter, then the commission shall recommend disapproval of the application and so advise the applicant, building inspector and city council in writing of the recommendation.
Following the recommended denial of the certificate of appropriateness by the historic commission, the secretary of the historic commission shall transmit to the owner a letter within five (5) days, stating changes requested by the historic commission before the certificate of appropriateness will be recommended by the commission. The letter will address itself to the appropriate criteria. If the owner agrees to said changes in writing to the commission and the commission is satisfied that the criteria in section 2-9-7 of this chapter will be met, it shall recommend issuance of a certificate of appropriateness; if not, the certificate of appropriateness may be denied by the city council.
(L) Criteria For Certificate Of Appropriateness In Historic Districts: The application for a certificate of appropriateness shall be reviewed by the commission not less than thirty (30) days following its receipt by the secretary of the commission from the building official.
A letter will be sent to all property owners within the historic preservation district setting forth the question of the application for a certificate of appropriateness, the date, time and place of the meeting at which the application will be considered by the commission. The letter shall be sent at least ten (10) days prior to the proposed meeting.
If the historic commission finds that the activity proposed by the applicant:
1. Will not adversely affect the significant historical or architectural character of the historic preservation district as defined in the original petition for designation, as called for in subsection 2-9-8(B) of this chapter; and
2. Is appropriate and consistent with the design criteria established for the historic preservation district as created by subsection 2-9-8(B)3(a) of this chapter; or
3. Will remedy conditions imminently dangerous to life, health or property as determined in writing by the building official;
then the historic commission shall recommend issuance of certificate of appropriateness by the city council.
(M) Denial Of Certificate Of Appropriateness For Improvements Within Historic Preservation District: If the historic commission finds the activity proposed by the applicant as not meeting any of the subsections of this section, the historic commission shall recommend disapproval of the application and so advise the applicant and building official in writing of the recommendation.
Following the recommendation of denial of the certificate of appropriateness by the historic commission, the commission secretary shall transmit to the owner a letter within five (5) working days, stating the changes requested by the historic commission before the certificate of appropriateness will be recommended to issue. The letter will address itself to the appropriate criteria and other points deemed pertinent by the commission. If the owner agrees to said changes in writing to the commission and the commission is satisfied that the criteria in this section will be met, it shall recommend issuance of a certificate of appropriateness; if not, the certificate of appropriateness may be denied by the city council.
(N) Demolition Or Removal Of A Landmark Or Structure Within A Historic Preservation District; Procedure: The commission secretary shall notify the commission of any application for a certificate of appropriateness involving the demolition, partial demolition or removal of a structure or significant accessory structure. The commission shall schedule a public hearing within thirty (30) days of the receipt of the application for a certificate of appropriateness with proper notification through the newspaper and shall notify the applicant in writing. At the hearing, the commission shall request the following information:
1. A report from the building official on the state of repair and structural stability of the structure under consideration;
2. Information and graphics on the extent and process of demolition or removal, including information on any proposed changes in landscaping;
3. Evidence of any hardship that would result in substantial economic loss to the applicant from denial of the petition;
4. An assessment of any alterations in the essential character of the area which would occur as a result of demolition or removal action.
(O) Decision Of Commission Towards Demolition Or Removal: If the commission's decision is to recommend postponement of the demolition or removal, the commission shall notify the owner in writing. During the period set forth for postponement of the requested action, the commission shall explore alternatives to demolition or removal. Such alternatives may include consultation with private civic groups, interested private citizens and other public boards or agencies in an effort to find a persuasive means of preserving the structure. If sale of property is considered a feasible alternative to the owner, the building must remain on the open market, dependent on its classification, for the following lengths of time:
1. Historically and architecturally significant: Six (6) months.
2. Noncompatible: No waiting period.
(P) Failure To Reach Agreement: If, after a period not to exceed six (6) months, no alternative agreement has been reached with the applicant, the commission shall recommend issuance of a certificate of appropriateness for demolition or removal of the structure in question.
(Q) Conditions: In recommending to grant the certificate of appropriateness, the commission shall recommend conditions necessary to minimize the adverse impact of the requested activity as outlined in this section.
(R) Appeals: Where the commission has recommended denial of issuance of a certificate of appropriateness, the applicant for said certificate may appeal to the city council. Such appeal must be filed with the city clerk within fifteen (15) days after notification to the applicant by the commission. The city council shall hold a public hearing and shall vote on said appeal within forty five (45) days of its receipt. On appeal, a majority vote of the corporate authorities shall be sufficient to either uphold or reverse any recommendation of the commission. (Ord. 1192, 5-3-1988)