(A) Certificate of appropriateness required.
(1) Any person undertaking construction, alteration, renovation, relocation, or demolition within the H-1 Historic District must apply to the Historic District Commission for a certificate of appropriateness pursuant to the requirements of this chapter, except for:
(a) Work undertaken for the purpose of ordinary repair and maintenance; or
(b) Construction, alteration, renovation, relocation, or demolition of any sign that is not within the scope of the sign regulations, as set forth in § 151.175, or that is exempt from the sign permit requirement as set forth in § 151.176(B); provided, however, that a Certificate of Appropriateness shall be required for the construction, alteration, renovation, relocation, or demolition of convenience signs and integral signs as defined in § 151.171; or
(c) Those activities that the Development Director is authorized to approve, as described in this chapter.
(2) No building permit shall be issued for construction, alteration, renovation, relocation or demolition to be conducted within the H-1 Historic District until there has been a determination with respect to such proposed activities by the Historic District Commission or the Development Director, as applicable, and, if subject to review by the Historic District Commission, the issuance of either a Certificate of Appropriateness or a Certificate of Economic Hardship by the Historic District Commission.
(3) The failure of a property owner or the property owner’s representative to obtain a Certificate of Appropriateness before commencing construction, alteration, renovation, relocation, or demolition within the H-1 Historic District or the failure of said parties to comply with the requirements of a Certificate of Appropriateness shall constitute a violation of this section.
(B) The Historic District Commission or the Development Director, as applicable, shall issue a Certificate of Appropriateness if, upon application and after hearing, it finds:
(1) That the property owner or property owner’s representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the Commission and conforms to the purpose and intent of this chapter; and
(2) That creating, changing, demolishing, or altering the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse impact on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in the district.
(C) Administration shall be by the Department of Development Services and the Historic District Commission. All items regulated within the H-1 District shall be submitted to the Commission through the Department of Development Services through the office of the Director.
(D) Building permit required.
(1) The issuance of a Certificate of Appropriateness shall enable the applicant to obtain the appropriate permit from the Building Official and to proceed with the proposed alteration or activity.
(2) All work that required the issuance of a building permit prior to the establishment of the H-1 Historic District shall constitute to require a building permit.
(3) The following procedure shall be followed for the issuance of building permits:
(a) Applications for building permits within the H-1 Historic District shall be made to the office of the Development Director and all such applications shall be referred to the Historic District Commission. The Historic District Commission shall have broad powers to request detailed construction plans and related data pertinent to thorough review of any application.
(b) Upon receiving an application for a Certificate of Appropriateness the Historic District Commission shall, within 45 days following the availability of sufficient data, issue to the office of the Development Director a letter stating its approval with or without attached conditions or disapproval with the grounds for disapproval stated in writing. In reviewing the proposed project, the Commission may confer with the applicant or the applicant’s authorized representative.
(c) The office of the Development Director shall additionally review applications for building permits (which have received written approval from the Historic District Commission) in the same manner review is performed for building permit applications outside of the H-1 Historic District, and final issuance or rejection shall additionally be based upon the adopted Building Codes of the Town of Collierville. The fee charged for building permits within the H-1 Historic District shall conform to existing fee schedules for building permits in any other zoning district within the Town of Collierville.
(E) Transfer of Certificate of Appropriateness or Certificate of Economic Hardship prohibited. The transfer of a Certificate of Appropriateness or Certificate of Economic Hardship from one structure, improvement project, or site to another structure, improvement project or site or from one person to another is prohibited.
(F) Effective period of Certificate of Appropriateness and Certificate of Economic Hardship. Each determination of Certificate of Appropriateness or Certificate of Economic Hardship issued under the provisions of this chapter shall expire and become null and void if the alteration, construction, repair, removal, relocation or demolition for which the determination was issued is not completed as required by the Certificate of Appropriateness and in accordance with the conditions established by the Historic District Commission.
(`00 Code, § 11-1306) (Ord. 2003-03, passed 2-10-03; Am. Ord. 2005-01, passed 2-14-05; Am. Ord. 2010-01, passed 8-23-10)