(A) Certificate of Appropriateness.
(1) General requirements.
(a) A Certificate of Appropriateness issued by the Commission shall be required before a landmark or any building(s), structure(s), site, object(s) or improvement(s) within an historic preservation district is:
1. Changed or modified;
2. Reconstructed;
3. Erected, wholly or in part;
4. Moved;
5. Demolished, wholly or in part.
(b) Exterior paint schemes, storm doors, storm windows, screens, window air conditioners, and similar items are not subject to a Certificate of Appropriateness.
(c) No individual, group, organization or city department shall commence such action in division (A)(1)(a)1. through 5., without first obtaining a Certificate of Appropriateness.
(d) A Certificate of Appropriateness shall be required for any of the actions listed in section division (A)(1)(a)1. through 5., even when the action does not require a building or demolition permit.
(e) No building or demolition permit shall be issued for work on any landmark or within the boundaries of a district unless a Certificate of Appropriateness has been issued for same work.
(f) Notwithstanding any other requirement to the contrary, a Certificate of Appropriateness shall be issued if the applicant shows to the Commission that a failure to grant the permit will result in an imminent threat to life, health or property, as verified by the Building Inspector, or that the Certificate of Appropriateness is required to provide accessibility to the handicapped, or if it is required by a court of law.
(g) Interior alterations are exempt from these requirements. However, the Commission shall make itself available to advise owners relative to such modifications in an effort to preserve all significant characteristics of the structure.
(h) An applicant may request a meeting with the Commission before submitting a formal application and may consult with the Commission during the review of an application.
(2) Application.
(a) The application for the Certificate of Appropriateness, available from the Building Inspector and returned to same, shall include the following information:
1. Street address of property involved;
2. Legal description of the property involved;
3. Brief description of the existing improvement situated on the property (include pictures if possible);
4. Detailed description of the construction, alteration, demolition or use proposed together with any architectural drawings or sketches if these services have been utilized by the applicant; and if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance of the real estate will be. If work is to be scheduled over time, provide a written schedule of work activities and estimated completion times including;
a. Owner;
b. Developer, if different from owner;
c Architect, if utilized or retained;
5. Each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information as may be reasonably required by the Commission to make a decision.
6. The building inspector shall, within five working days, submit copies of the completed application for a Certificate of Appropriateness to the Department.
7. The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the department, but in no case shall this review be more than 35 days after receipt by the Department.
8. The Department shall keep a current list of landmarks and historic preservation districts in the city's automated permitting system.
9. If any demolition of a landmark is proposed, the Building Inspector shall post a sign on the property notifying the public of the proposed demolition. The sign should be posted no less than seven days prior to the meeting at which time the Commission will review the application for a Certificate of Appropriateness. Absence of such a sign will not affect the outcome of the application process.
(3) Criteria for approving a Certificate of Appropriateness for landmarks:
(a) The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the Department as described in division (A)(2)(a)7. above.
(b) If the Commission finds that the activity proposed by the applicant:
1. Will not adversely affect the exterior significant historical or architectural character cited in the application for landmark designation as called for in § 160.04(B); and
2. Is appropriate and consistent with the design criteria established for the landmark as created by § 160.03(B)(2).
Then the Commission shall issue the Certificate of Appropriateness. The Commission's decision to approve shall be the final administrative decision.
(4) Denial of Certificate of Appropriateness for landmarks.
(a) If the Commission finds the activity proposed by the applicant as not meeting any of the subheadings in division (A)(3) above, then the Commission shall disapprove the application and so advise the applicant and the Building Inspector in writing of the denial.
(b) Following the denial of the Certificate of Appropriateness by the Commission, the Department shall transmit to the owner a letter within five working days, stating changes requested by the Commission before the Certificate of Appropriateness will be issued. The letter will address itself to the appropriate criteria. If the owner agrees to said changes in writing to the Commission, and the Commission is satisfied that the criteria in division (A)(3) above will be met, it shall issue a Certificate of Appropriateness; if not, the Certificate of Appropriateness shall be denied subject to appeal.
(c) If an appeal is requested by the owner, in writing, the Commission shall schedule a public hearing within 30 days. A notice shall be sent to all property owners adjoining the proposed landmark, and properly published in a local newspaper at least seven days prior to the hearing. A final decision of the Commission may be appealed to the City Council following procedures outlined in division (A)(9) above.
(5) Criteria for Certificate of Appropriateness in historic districts:
(a) The application for a Certificate of Appropriateness shall be reviewed at the next meeting of the Commission following its receipt by the Department as described in division (A)(2)(a)7. above, and no less than five days following the postage of the notification of certain property owners by first class U.S. Mail as provided in division (A)(5)(b) above.
(b) The Department shall notify all property owners within 250 feet of the property subject in the Application for Certificate of Appropriateness, and the current officers of any Historic District Neighborhood Association, setting forth the question of the application for a Certificate of Appropriateness, the date, time and place of the meeting at which the application will be considered by the Commission. All notices referenced herein shall be posted first-class U.S. Mail.
(c) If the Commission finds that the activity proposed by the applicant:
1. Will not adversely affect the significant historical or architectural character of the historic preservation district as defined in the original petition for designation, as called for in § 160.05(B); and
2. Is appropriate and consistent with the design criteria established for the Historic Preservation District as created by § 160.05(B) and (C);
Then the Commission shall issue a Certificate of Appropriateness. The Commission decision to approve shall be a final administrative decision.
(6) Denial of Certificate of Appropriateness for improvements within historic preservation districts:
(a) If the Commission finds the activity proposed by the applicant as not meeting any of the subheadings in division (A)(5)(c) above, the Commission shall disapprove the application and so advise the applicant in writing of the denial.
(b) Following the denial of the Certificate of Appropriateness by the Commission, the Department shall transmit to the owner a letter within five working days, stating the changes requested by the Commission before the Certificate of Appropriateness will be issued. The letter will address itself to the appropriate criteria and other points deemed pertinent by the Commission. If the owner agrees to said changes in writing to the Commission and the Commission is satisfied that the criteria in division (A)(5)(c) above will be met, it shall issue a Certificate of Appropriateness; if not, the Certificate of Appropriateness shall be denied subject to appeal.
(c) An appeal shall be made according to the procedures described in division (A)(9) below.
(7) Demolition or removal of any landmark, or any building, structure, site, object(s) or improvement(s) within an historic preservation district:
(a) Demolition or removal procedure. The Department shall notify the Commission of any application for a Certificate of Appropriateness involving the demolition, partial demolition or removal of a significant building(s), structure(s), site, object(s) or improvement(s). The Commission shall schedule a public hearing no less that seven and no more than 15 days following the receipt of the application for a Certificate of Appropriateness with proper notification as provided in division (A)(5)(b) above, through the newspaper and shall notify the applicant in writing. At the hearing, the Commission shall request the following information:
1. A report from the Building Inspector on the state of repair and structural stability of the building(s), structure(s), site, object(s) or improvement(s) under consideration;
2. Information and graphics on the extent and process of demolition or removal, including information on any proposed changes in landscaping;
3. Evidence of any hardship that would result in substantial economic loss to the applicant from denial of the petition;
4. An assessment of any alterations in the essential character of the area which would occur as a result of demolition or removal action.
(b) Decision of Commission towards demolition or removal. If the Commission's decision is to postpone the demolition or removal, the Commission shall notify the owner in writing. During the period set forth for postponement of the requested action, the Commission shall explore alternatives to demolition or removal. Such alternatives may include consultation with private citizens and other public boards or agencies in an effort to find a persuasive means of preserving the item in question . If the Commission rules that sale of the subject property is considered a feasible alternative to the owner, the building(s), structure(s), site, object(s) or improvement(s) must remain on the open market, dependent on its classification, for the following lengths of time:
1. Historically and architecturally significant: six months.
2. Non-contributing; no waiting period.
(c) Failure to reach agreement. If, after a period not to exceed six months, no alternative agreement has been reached with the applicant, the Commission shall issue a Certificate of Appropriateness for demolition or removal of the structure in question.
(d) No less than seven days prior to the Commission's public hearing to review an application for demolition or removal of any structure located within an historic district, the Building Inspector shall post a sign on the property notifying the public of the proposed demolition or removal of the building(s), structure(s), site, object(s) or improvement(s). Absence of the sign will not affect the outcome of the application for a Certificate of Appropriateness.
(8) Conditions. In granting the Certificate of Appropriateness, the Commission may recommend conditions necessary to minimize the adverse impact of the requested activity.
(9) Appeals. Where the Commission has denied issuance of a Certificate of Appropriateness, the applicant for said Certificate may appeal to the City Council. Such appeal must be filed with the City Clerk within 30 days after the decision of the Commission. The City Council shall hold a public hearing and shall act on said appeal within 30 days of its receipt by a simple majority vote of the entire Council.
(10) Certificate of Economic Hardship. Notwithstanding any of the provisions of this chapter to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness has been denied.
(a) Applicants claiming economic hardship shall be required to apply to the Department to determine eligibility for rehabilitation assistance. The eligibility for and availability of financial aid shall be considered by the Commission in making its decision.
(b) An applicant for a Certificate of Economic Hardship may submit any or all of the following information in order to assist the Commission in making its determination on the application:
1. The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased.)
2. The assessed value of the land and improvements thereon according to the two most recent assessments.
3. Real estate taxes for the previous two years.
4. Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two years.
5. All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property.
6. Any listing of the property for sale or rent, price asked and offers received, if any.
7. Any consideration by the owner as to profitable adaptive uses for the property.
8. If the property is income producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow before and after debt service, if any during the same period.
9. Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
10. Any other information, including the income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.
(11) If the Commission finds that without approval of the proposed work, the owner of the subject property cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed three months. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans and recommendations may include, but not be limited to: a relaxation of the provisions of this chapter, financial assistance, building code modifications and/or changes in zoning regulations.
(12) If by the end of this three month period, the Commission has found that without approval of the proposed work the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a Certificate of Economic Hardship.
(13) Appeals. Where the Commission has denied issuance of a Certificate of Economic Hardship, the applicant for said certificate may appeal to the City Council. Such appeal must be filed with the City Clerk within 30 days after the decision of the Commission. The City Council shall hold a public hearing and shall vote on said appeal within 30 days of its receipt by a simple majority vote of the entire Council.
(Ord. 7553, passed 12-3-91; Am. Ord. 8031, passed 7-6-99; Am. Ord. 8254, passed 6-4-02)