(A)   A certificate of appropriateness shall be obtained before any work affecting the exterior appearance of a historic resource is performed.  The person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do that work shall file an application for a certificate of appropriateness with City Manager.  If the City Manager receives the application, the application shall be immediately referred together with all required supporting materials that make the application complete to the Commission.  A certificate of appropriateness shall not be issued and proposed work shall not proceed until the Commission has acted on the application by reviewing the plans and suggesting changes.  The city may charge a fee to process an application, and the amount of the fee shall be established by resolution of the Council.
   (B)   In reviewing applications for certificates of appropriateness, the Commission shall follow applicable local, state and federal standards and guidelines for rehabilitating historic buildings.  The Commission shall also consider all of the following:
      (1)   The historic or architectural value and significance of the historic resource.
      (2)   The relationship of any architectural features of the historic resource to the rest of the resource; however, color shall not be a consideration.
      (3)   The general compatibility of the design, arrangement, texture, and materials proposed to be used.
      (4)   Other factors, such as aesthetic value, that the Commission finds relevant.
      (5)   Notwithstanding anything in this chapter to the contrary, the Commission shall not deny an application based solely on the content of the material proposed to be used on the exterior of a historic resource.  Vinyl, concrete board, and other materials that simulate wood or other original materials shall be acceptable assuming they meet the other standards and guidelines set forth in this chapter.
   (C)   The Commission shall review and act upon only exterior features of a historic resource and shall not review and act upon interior arrangements unless interior work will cause visible change to the exterior of the historic resource.  The Commission shall not disapprove an application due to considerations not prescribed in division (B) above.
   (D)   If an application is for work that will adversely affect the exterior of a historic resource, and the Commission determines that the alteration or loss of that historic resource will adversely affect the public purpose of the city, the Commission shall attempt to establish with the owner of the historic resource an economically feasible plan for preservation of the historic resource.
   (E)   Work relating to a historic resource, which might otherwise be prohibited, shall be permitted through the issuance of a notice to proceed by the Commission if any of the following conditions prevail and if the proposed work can be demonstrated by a finding of the Commission to be necessary to substantially improve or correct any of the following conditions:
      (1)   The historic resource constitutes a hazard to the safety of the public or to the structure's occupants.
      (2)   The historic resource is a deterrent to a major improvement that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing, and environmental clearances.
      (3)   Retaining the historic resource will cause undue financial hardship to the owner and all feasible alternatives to eliminate the financial hardship have been attempted and exhausted by the owner.
      (4)   Retaining the historic resource is not in the interest of the majority of the community.
   (F)   The Commission may delegate the issuance of certificates of appropriateness for specified minor classes of work to the City Manager, or to another delegated authority.  The Commission shall provide to the delegated authority specific written standards for issuing certificates of appropriateness under this division.  On at least an annual basis, the Commission shall review the certificates of appropriateness, if any, issued for work by the City Manager, or another authority to determine whether or not the delegated responsibilities should be continued.
   (G)   When work has been done upon a historic resource without a certificate of appropriateness, or notice to proceed and the Commission finds that the work does not qualify for a certificate of appropriateness or notice to proceed, the Commission may issue an order to restore the historic resource to the condition the historic resource was in before the work was done or to modify so that it qualifies for a certificate of appropriateness.  If the owner does not comply with the restoration or modification order within a reasonable time, the Commission may recommend to the Council that the Council terminate the historic resource designation of that particular historic resource.
(Ord. passed 3-12-02)