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No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark, or property within a Historic District, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic landmark or Historic District, without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
(Ord. 01-96, passed 3-14-1996) Penalty, see § 152.99
(A) (1) In passing upon an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street or alley.
(2) The Commission’s decision shall be based upon the following principles.
(a) Properties which contribute to the character of the Historic District shall be retained, with their historic features altered as little as possible.
(b) Any alteration of existing historic landmark properties shall be compatible with its historic character. Any alteration of existing properties within a Historic District shall be compatible with its historic character as well as with the surrounding district.
(c) New construction shall be compatible with the district in which it is located.
(B) In applying the principle of compatibility, the Commission shall consider the following factors:
(1) The general design character and appropriateness to the property of the proposed alteration or new construction;
(2) The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
(3) Texture, materials and color and their relation to similar features of other properties in the neighborhood;
(4) Visual compatibility with surrounding properties, including proportion of the property’s front facade, proportion and arrangement of windows and other openings with the facade, roof shape and the rhythm of spacing of properties on streets, including setback; and
(5) The importance of historic, architectural or other features to the significance of the property.
(C) As a guide to rehabilitation work, the Commission shall utilize the Secretary of the Interior’s Standards for Rehabilitation (1990 Edition).
(Ord. 01-96, passed 3-14-1996)
(A) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission.
(B) The application shall contain:
(1) Name, address and telephone number of applicant;
(2) Location and photographs of property;
(3) Elevation drawings of proposed changes, if available;
(4) Perspective drawings, including relationship to adjacent properties, if available;
(5) Where the proposal includes signs of lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign’s location on the property; and
(6) Any other information which the Commission may deem necessary in order to visualize the proposed work.
(C) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Commission. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance or the town. The Commission shall approve, deny or approve the permit with modifications within 21 days from receipt of the completed application. The Commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(D) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and copy filed with the Town Clerk’s Office for public inspection. The Commission’s decision shall state the reasons for denying or modifying any application.
(Ord. 01-96, passed 3-14-1996)
(A) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(1) The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(2) The property cannot be adapted for any other use, whether by the current owner or by a purchase, which could result in a reasonable return; and
(3) Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(B) An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(Ord. 01-96, passed 3-14-1996)
(A) After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
(B) The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(C) The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(D) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Town Clerk’s office for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application.
(Ord. 01-96, passed 3-14-1996)
(A) Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a Historic District which does not involve a change in design, material, color or outward appearance.
(B) No owner or person with an interest in real property designated as a landmark or included within a Historic District shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the Historic District as a whole or the life and character of the property itself.
(C) Examples of such deterioration include:
(1) Deterioration of exterior walls or other vertical supports;
(2) Deterioration of roofs or other horizontal members;
(3) Deterioration of exterior chimneys;
(4) Deterioration or crumbling of exterior stucco or mortar;
(5) Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors; and
(6) Deterioration of any feature so as to create a hazardous condition which could be lead to the claim that demolition is necessary for the public safety.
(Ord. 01-96, passed 3-14-1996) Penalty, see § 152.99
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