(a) Certificate requirement. No person shall make any change to any protected property without first obtaining a certificate of appropriateness from the Board.
(b) Submission requirements. Before it can be considered at a meeting of the Board, an application along with any supporting documents shall be filed with the Planning Director. In order for an application to be reviewed and approved, the applicant shall submit drawings, photographs, specifications and material samples as outlined below. A minimum of six sets of drawings and one set of photographs and material samples shall be submitted. These items shall accurately represent the proposed alterations or additions and new construction. The Planning Director will place the applicant on the next meeting’s agenda and forward the submission copies to all Board members.
(c) Informal review. Any prospective applicant desiring a preliminary review of work being proposed shall make such request to the Planning Director to be placed on the agenda for the next meeting. There are no formal submission requirements for informal review. The applicant can submit the proposal to the Board in any form the applicant determines is appropriate. Informal review, if any, is to take place before an application is filed.
(d) Review process. The applicant and/or the applicant’s agent shall attend the scheduled Board meeting to present the proposed project and respond to any questions members of the Board may have. The Board will then act upon the submission as prescribed herein and the following order of review:
(1) The Applicant shall present the proposal and describe the objectives and how the design reinforces these objectives;
(2) Statements by city officials, local preservation associations or other interested persons shall be presented as directed by the Chairperson;
(3) The Board shall discuss the presentation as it responds to the design guidelines/demolition criteria. The Chairperson shall summarize the critique and call for a vote;
(4) The Board shall either approve, disapprove or modify the application at one or more of its regular meetings within 60 days of the filing of the action, unless an extension of time is approved by the applicant. If the application is approved, a certificate of appropriateness will be issued. If the Board fails to render a decision within the specified time period, the application for a certificate of appropriateness shall be deemed approved;
(5) The Board shall approve or approve with conditions the certificate of appropriateness upon finding that:
A. The proposal conforms to the guidelines; or
B. There is no feasible and prudent alternative or change which would conform to the guidelines, and adhering to the guidelines would deny the owner a reasonable rate of return on the real property or amount to a taking of the property without just compensation.
(6) The Building Inspector shall not issue any permit for the proposed change until a certificate of appropriateness is granted;
(7) In the case of a denial of a certificate of appropriateness for demolition:
A. The Board and applicant shall undertake meaningful and continuing discussion to find a means of preserving the property;
B. If the applicant fails to meet with the Board in good faith and at specified times, then the denial of the applicant will stand;
C. After meeting with the applicant, if the Board determines that a denial would create a substantial hardship to the applicant, it shall propose a compromise which relieves the hardship, if it exists;
D. If, after meeting with the applicant, the Board has not reached a compromise with the applicant which relieves substantial hardship, then the applicant may appeal the decision directly to Council. Council may affirm, modify or reverse the Board’s decision; and
E. In the case of an application for demolition, the Board may delay a decision for up to 60 days upon finding that a structure is of such importance that alternatives to demolition should be actively pursued by both the Board and the applicant. Alternate steps to be investigated include, but are not limited to:
1. Consultation with civic groups, public agencies and interested citizens;
2. Recommendations for acquisition of the property by public or private bodies; and
3. Exploration of the possibility of moving one or more structures or other features.
(8) Notice of the decision of the Board regarding any application shall be forwarded to the applicant by ordinary U.S. Mail within ten working days after the decision date.
(e) Enforcement.
(1) Violation, order. If it is found that any of the provisions of these standards are being violated, the person responsible for such violations shall immediately cease all work upon notification, and no work shall be performed except to correct the violation. All violations shall be corrected within a reasonable period and any violations not corrected within the specified time may be prosecuted as set forth in § 139.99 of this chapter.
(2) Failure to comply. Whoever constructs, reconstructs or alters any exterior architectural feature or demolishes a substantial part or all of any building within the Historic District without a current certificate of appropriateness from the Historic Preservation Board shall be fined not more than $1,000. Each day of violation shall be considered a separate offense. Whoever violates this section may be required to restore and reconstruct such features in full detail.
(3) Failure to perform. Whoever receives a certificate of appropriateness from the Historic Preservation Board and constructs, reconstructs or alters any exterior architectural feature other than in accordance with the requirements of the certificate, shall be fined not more than $1,000. Each day of violation shall be considered a separate offense. Whoever violates this section shall be required to make all changes and additions necessary to comply with the certificate. Changes and additions shall be in addition to any criminal penalty and not in lieu thereof.
(f) Appeals. Any person, firm or corporation aggrieved by the enforcement of these rules, procedures and design guidelines may take an appeal to the Board of Zoning Appeals within ten days of receipt of the written notification of the decision of the Planning Director or Historic Preservation Board.
(Ord. 26-08, passed 6-3-2008)