(a) Certificate of Appropriateness.
(1) No environmental change shall be made to any landmark or property within the Historic Overlay District until a Certificate of Appropriateness has been properly applied for and issued by the Historic Review Board.
(2) No zoning or building permit shall be issued by the Zoning Inspector for any construction, reconstruction, alteration or demolition of any structure in the Historic Overlay District unless a Certificate of Appropriateness has been authorized by the Historic Review Board.
(3) When an application for a COA requires other approvals such as a variance or conditional use granted by the Board of Zoning Appeals, the Historic Review Board must hear and decide on the COA prior to the Board of Zoning Appeals hearing and deciding these other applications.
(b) Application. Three (3) copies and one (1) pdf electronic copy of an application for a Certificate of Appropriateness (COA) shall be submitted.
(c) In addition to the application, three (3) copies and one (1) pdf electronic copy of a site plan that contains the following information must be submitted with the application:
(1) Proposed Uses.
(2) The dimensions of the property lines, parcel dimensions, private roads and adjacent public rights-of-way.
(3) Building locations.
(4) Rendering of building elevations.
(5) Proposed building materials.
(6) Proposed colors of building, shutters, trim, and other architectural features.
(7) Proposed awnings and/or canopies including proposed colors.
(8) Proposed landscaping.
(9) Proposed lighting.
(10) Proposed fencing.
(11) The layout and design of parking.
(12) Proposed signs.
(13) Proposed mechanical and trash enclosures, including materials and colors.
(d) Upon receipt of a completed application, as defined in Sections 1113.01(c) and 1113.10(c), the City shall forward said application to the Chair of the Historic Review Board who shall schedule a Board meeting to consider said application. Said meeting shall be no less than (10) and no more than thirty (30) days from the date that a completed application was submitted.
(e) The Historic Review Board shall review a COA application at the meeting scheduled in accordance with Section 1113.10(d) above. The Historic Review Board shall take action to approve, approve with modification or disapprove the COA application at said meeting, unless a continuation is requested by the applicant.
(f) In determining if a Certificate of Appropriateness should be granted, the Historic Review Board may conduct a public hearing and/or solicit the input from consultants that shall be approved and retained by the City.
(h) The Historic Review Board shall determine whether the proposed environmental change will be appropriate to the preservation of the environmental, architectural or historic character of a district, pursuant to the criteria specified in Section (i) below.
(i) Criteria of Evaluation of Application for Certification of Appropriateness
In considering the appropriateness of any proposed environmental change, including landscaping or exterior signage, the Historic Review Board shall consider the following:
(1) The proposed construction or alteration of a building, sign or other site improvement complies with the regulations in Section 1141.03.
(2) The visual and functional components of the building, sign or other site improvements shall be generally compatible with the historic context of its surroundings. Such components shall include, but not limited to, building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation, and signage.
(3) The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural or environmental features should be avoided when possible.
(4) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
(5) Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed by SHPO, a preservation professional or consultant, architectural historian, or historical architect to have acquired significance, then this significance shall be recognized and respected.
(6) Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the applicant shall provide evidence that new material matches the material being replaced in composition, design, texture and other visual qualities as closely as possible. Repair or placement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided.
(8) Contemporary design for alterations and additions to existing properties shall be acceptable when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, material and character of the property, neighborhood or environment.
(9) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.
(10) All new structures and all reconstruction or remodeling of existing structures within a district shall utilize natural traditional exterior materials such as brick, stone, masonry and/or wood. The use of contemporary materials, such as aluminum and other similar metals, fiberglass and plastic for exterior surfaces on architecturally significant structures shall be prohibited unless the applicant provides evidence that the use of such materials would contribute to the enhancement of existing traditional materials and the overall integrity and longevity of the structure.
(11) All signs within a district shall conform to the material standards of the Historical Overlay District, be of such size, shape, scale, style and design that reflects the era during which the structure was built.
(j) Demolition of Structures.
(1) Whenever a landmark, or structure within a district, is proposed to be demolished, partially demolished or removed, the application for the Certificate of Appropriateness shall clearly set forth the intent to demolish and shall include all additional information and material as specified in Section 1113.10(j)(3) below. In addition, the application shall include written consent for the City to inspect the interior and exterior of the building by an architect and structural engineer. Any application shall be refused for filing if it does not contain all information and material as required. In such a case, the application will be returned to the applicant, with such refusal so indicated.
(2) The Historic Review Board shall schedule a public hearing on the application to occur not more than ninety (90) days from the date the application is filed with the Building Department. Notwithstanding the provisions of Section 1113.10(g) of this Article, the Board shall take action within ninety (90) days from the date of the conclusion of the public hearing. [Reference: Demolition Delay Ordinance 09-55-2019; Section 1327.04 of the Codified Ordinances.]
(3) The Historic Review Board shall grant the demolition and issue a Certificate of Appropriateness when the applicant submits suitable evidence so as to clearly demonstrate that one (1) or more of the following conditions exists:
A. The structure contains no features of architectural and historic significance contributing to the character of the landmark or Historic Overlay District. Such analysis shall be prepared by a person with documented professional experience in the field of historic preservation.
B. The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level that there exists no feasible and prudent alternative to demolition. The applicant shall provide a detailed economic analysis documenting the future use and likely revenue stream for each alternative. Such analysis shall include costs associated with preservation and renovation of the existing structure, identification, removal and disposal of hazardous material, stabilization and repair of adjacent structures and common walls and the preparation and development of the site after demolition. The economic analysis shall be prepared with the documented input of a registered architect having documented extensive experience in the preservation of historic structures.
C. Deterioration has progressed to the point where it is not economically feasible to preserve the structure consistent with the standards of subsection (g) above. In such cases, the application shall include an evaluation of existing structure by the local building authority. In addition, the applicant shall provide a detailed evaluation of structural conditions and a cost analysis of preservation and renovation prepared by a registered architect having documented extensive experience in the preservation of historic structures.
(4) The application shall include the proposed measures to be taken to stabilize and repair as needed adjacent structures and common walls, along with associated costs. In addition, the applicant shall provide evidence of an enforceable order or agreement with the adjacent property owner documenting respective responsibilities pursuant to the above issues.
(5) The application shall include a detailed description and explanation of the short and long term disposition and use of the site after demolition, including a redevelopment plan for the site that contains, at a minimum, the information specified in Section 1113.02, in conformance with the Zoning District in which the property is located. A separate Certificate of Appropriateness shall be required for any environmental change on the cleared site after demolition. If the subject lot is vacant more than eighteen (18) months from the date of the Certificate of Appropriateness authorizing the demolition, the site shall be considered undeveloped. Any subsequent use shall be subject to the requirements of the zoning district in which the subject lot is located.
(6) The Board may approve, deny or approve with supplemental conditions any application for demolition. In taking action, the Board shall clearly cite the reasons for its decision and certify how the applicant has met or not met the provisions of this Section and this Article.
(7) The provisions of this section h) is in addition to, and does not supersede Demolition Delay Ordinance 09-55-2019. (Section 1327.04 of the Codified Ordinances)
(k) Maintenance.
(1) Nothing in this Article shall be construed to prevent ordinary maintenance or repair of any landmark or property within a Historic Overlay District, provided such work involves no change in material, design, texture, or exterior appearance; nor shall anything in this Article be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any structure, or component of a structure, which in the view of the Zoning Inspector is required for the public safety because of an unsafe, insecure or dangerous condition. In making such a decision, the Zoning Inspector may seek the input and recommendation of the local building authority.
(2) The owner of a protected property shall provide sufficient maintenance to ensure its protection from hazards and to prevent deterioration. No owner of a building or structure listed as a Landmark or contributing structure to a Historic District shall by willful action or willful neglect fail to provide sufficient and reasonable care, maintenance and upkeep to ensure the perpetuation of such building and to prevent its destruction by deterioration.
(l) Appeals. Any applicant aggrieved by any decision of the Board may appeal the decision to the Board of Zoning Appeals. Such appeal shall be taken by the filing of a written statement, setting forth the grounds for the appeal, with the Board of Zoning Appeals and the Zoning Inspector within thirty (30) days of the decision of the Historic Review Board. No building permit or other permit required for the activity applied for shall be issued during the thirty (30) day period or while an appeal is pending. The Board of Zoning Appeals may reverse, remand, or modify such a decision if such action is passed or approved by not less than three-fourths (3/4) of the membership of the Board of Zoning Appeals. In any case, the Board of Zoning Appeals shall specify in writing its findings and the reasons for its decision.
(m) Penalty. Whoever constructs, reconstructs, alters, or modifies any exterior architectural or environmental feature now or hereafter within the Historic District in violation of Section 1113.10, shall be deemed to be guilty of a violation of this Code, subject to the penalties specified in Section 1115.01 of this Ordinance.
(Ord. 02-13-2023. Passed 2-21-23.)