(A) No person shall carry out any exterior alteration, restoration, demolition, reconstruction, new construction or relocation of a landmark, or make changes in the exterior appearance of such landmark, visible from a public right-of-way (excluding ordinary maintenance and repairs as described in § 155.81) which affects the appearance and cohesiveness of the historic landmark, without first applying for a Certificate of Appropriateness from the Commission, or as permitted by the Historic Preservation Officer, as described in this section. The Commission shall have the authority to review all applications for a Certificate of Appropriateness and shall issue or decline to issue the certificate after conducting a public hearing and providing notice as stipulated herein. The applicant may appeal Officer denials to the Commission.
(B) No building permit shall be issued for proposed work until a Certificate of Appropriateness has first been issued by the Historic Preservation Officer or the Commission applicable. The Certificate of Appropriateness required by this subchapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the city.
(C) In considering an application for a Certificate of Appropriateness, approval or denial shall be guided by any adopted design guidelines or construction standards and, where applicable, the following criteria from the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings. Adopted design guidelines and Secretary of the Interior's Standards shall be made available to the owners of historic landmarks.
(1) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.
(2) The distinguishing original qualities or character of a building, structure, object, or site and its environment shall be preserved, when feasible. The removal or alteration of historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an appearance of an earlier architectural design period shall be discouraged. Such alterations shall be permitted only with approval by the Commission after consideration of a detailed and written explanation regarding the need for such alteration.
(4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsman which characterize a building, structure, object, or site shall be kept where possible.
(6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) Subject property owner is not responsible for other's property.
(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. Such alterations and additions shall be reviewed by the Commission at a public hearing.
(10) The Commission shall give mailed notice to owners of the proposed historic landmark and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing.
(11) Wherever possible, new additions or alterations to buildings, structures, objects, or sites 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 building, structure, object, or site would be unimpaired.
(D) Administrative approval. The Historic Preservation Officer shall approve a Certificate of Appropriateness if the requested construction is not considered to be substantive and does not address the physical alterations or visual appearance of the designated historical landmark.
(E) The Historic Preservation Officer may request that the Commission consider any request as deemed appropriate.
(F) Administrative staff shall not deny a Certificate of Appropriateness, but shall forward any such application to the Commission for consideration.
(G) If the requested construction is considered to be substantive and does not meet the recommended design guidelines, or if there are written objections to the application, the Historic Preservation Officer shall forward the request to the Commission for action.
(H) Historic Preservation Commission action. The Commission shall conduct a public meeting regarding a request for a Certificate of Appropriateness. The Commission shall approve the permit, deny the permit, or approve with modification.
(1) The Commission shall give published and mailed notice to owners of the requested Certificate of Appropriateness and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing.
(2) If approved, decisions of the Commission shall state all findings pertaining to the approval or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, such as building inspections.
(3) Denial of a Certificate of Appropriateness shall only be granted by the Commission.
(I) Commission hearing. If a Certificate of Appropriateness is recommended for denial by the Historic Preservation Officer, the Commission shall schedule a public hearing to take action to approve, approve with modification, or deny the application.
(J) Application. The application for a Certificate of Appropriateness shall contain:
(1) Name, address, telephone number of applicant, detailed description of proposed work;
(2) Location and current photograph of the property and adjacent properties;
(3) Historic photographs of the property, if available;
(4) Elevation drawings of proposed changes, if available;
(5) Samples of materials to be used;
(6) If the proposal includes signs or lettering, a scaled drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property; and
(7) Other information which the city administrative staff, or Commission may deem necessary to review the proposed work.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9- 07; Am. Ord. 01-2020-08, passed 1-28-20)