(a) No person owning, renting, or occupying property which has been designated a landmark or which is situated in a designated historic district shall make any changed in the environment of such property or the exterior architectural feature of any building on such property without the consent of the Historic Preservation Commission. The following procedures shall apply to all alterations, demolitions, removals or constructions of such properties in the City.
(b) No Certificate of Zoning Compliance, Building Permit, and/or other appropriate permits shall be issued by the Planning/Zoning department for any construction, reconstruction, demolition, relocation, or other exterior alteration to a structure or site element designated as, or upon, a landmark or located within an historic district unless a Certificate of Appropriateness has been issued.
(c) Any application to the Building Official for a building permit for any change in the environment or the exterior of the building shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven (7) days after receipt thereof. An application may be filed by the applicant directly with the Commission at the same time that an application for a building permit is filed or in lieu of filing for a building permit if no building permit is required for the proposed change.
(d) An application will be approved if it will remedy conditions imminently dangerous to life, health or property as determined in writing by the Building Official or the Division of Fire or the Department of Public Health.
(e) Application contents. An application for a Certificate of Appropriateness shall contain the following, as applicable:
(1) A completed application to the Historic Preservation Commission.
(2) A complete detailed description of the proposed alteration, construction, demolition, removal, or other external change to structures or site elements.
(3) A plot plan, legibly drawn and to scale, indicating all existing and proposed structures, drives, walks, signs, and other significant features.
(4) A description or sample of materials to be used in the proposed project.
(5) Sketches, photographs and other illustrative material relevant to the proposed project.
(6) Any additional information as is deemed necessary to review the application by the Commission.
(f) The application shall be heard at a public Commission meeting. The applicant, or his representative or agent, is encouraged to be present at the meeting at which action on the request is to occur.
(g) Members of the Commission may inspect construction sites up to the time of an acceptable form of Substantial Completion Form has been submitted by the contractor to the owner. During this period any variance from the approved construction shall be reported to the Building Official, who, if directed, has the power to stop construction and/or levy fines until the variance is corrected.
(h) In making such a determination, the Commission shall refer to the below standards and to design guidelines adopted by the Commission.
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that created a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(i) Design Criteria. The following design criteria shall apply to all buildings, site elements, structures and property designated as Landmarks or within an Historic District.
(1) Traditional building materials such as wood, brick, metal, or stone shall be used for construction, reconstruction, exterior alteration, or other exterior structure or site element change. Modern man-made materials may be utilized at the discretion of the Commission if the proposed projects keep in character with the existing building, site, area structures, and any applicable design guidelines.
(2) For new construction and additions, the structure's width, height, surrounding setbacks and style shall be considered in relationship to adjacent structures. This relationship between structures shall allow for consistency of style, size and density in each given neighborhood area.
(3) Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water features, seating areas, arcades, awnings or canopies.
(4) Signage shall be proportionally scaled and appropriately designed to coalesce with the subject building, site and area.
(j) Following its review, the Historic Preservation Commission shall either:
(1) Approve the Certificate of Appropriateness as submitted;
(2) Approve the Certificate of Appropriateness subject to specific conditions; or
(3) Deny the Certificate of Appropriateness. If the Commission shall disapprove the application, they will advise the applicant in writing and the Building Official in writing withing sixty (60) days after receiving the application.
(k) If no action is taken within sixty (60) days from the date of application, the Certificate of Appropriateness shall be issued as a matter of law. This provision shall not apply if the application is tabled due to lack of information provided by the applicant, or due to the applicant requesting that the application be tabled.
(l) A Certificate of Appropriateness shall be conditional upon the commencement of work within six (6) months of issuance. If the work has not commenced within six (6) months of issuance or work has not been completed within one (1) year of issuance, the certificate shall expire and be revoked pending a request to consider allowing more time for completion.
(Ord. 17-20. Passed 4-13-20.)