21-6-13.5: CRITERIA AND DECISION FOR CERTIFICATE OF NO EFFECT:

   A.   The Community Development Director may approve an application and issue a Certificate of No Effect if:

      1.   It is determined the proposed modification is minor and clearly within the context of the adopted Historic Preservation Plan;

      2.   The property owner, or the owner authorized agent, agrees to modifications to the proposed work that are necessary for compliance with the Historic Preservation Plan; and

      3.   The proposed modification will not diminish, eliminate, or adversely affect the Landmark or District of the subject property; or

      4.   The proposed modification is in an area of the proposed property that is not covered by the Historic Preservation Plan, and the Community Development Director determines the proposed work will not diminish, eliminate, or adversely affect the Landmark or the District.

   B.   An application that does not comply with the criteria for a Certificate of No Effect shall be sent to the Planning and Zoning Commission for a decision on a Certificate of Appropriateness for the proposed modifications. The Community Development Director may require additional information to be provided for the Planning and Zoning Commission to review the request as a Certificate of Appropriateness. (Res. 24-1600, 10-14-2024)

21-6-13.6: CRITERIA AND DECISION FOR CERTIFICATE OF APPROPRIATENESS:

   A.   The Planning and Zoning Commission may approve an application and issue a Certificate of Appropriateness for modifications to a Landmark or Historic District upon finding that the criteria have been met.

   B.   Criteria for a Certificate of Appropriateness to make modifications to a Landmark or a property within a Historic District:

      1.   The proposed alterations are consistent with the applicable Historic Preservation Plan;

      2.   The proposed alterations to a Landmark or contributing property of a Historic District shall be compatible with its historic character, and the historic features altered as little as possible; and

      3.   The proposed alterations or additions are consistent with the applicable Standards and Guidelines of Section 21-6-13.7.

   C.   Addition Criteria for Property Within a Historic District:

      1.   Alterations of non-contributing properties within a historic district shall be compatible with the Historic District. (Res. 24-1600, 10-14-2024)

21-6-13.7: COMPATIBILITY CONSIDERATION:

   A.   In applying the principle of compatibility, the Planning and Zoning Commission shall consider the following:

      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, color, and their relation to similar features of other properties in the neighborhood;

      4.   Visual compatibility with surrounding properties, including the 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. (Res. 24-1600, 10-14-2024)

21-6-13.8: STANDARDS AND GUIDELINES:

   A.   The following standards and guidelines shall be used in the review and decisions pertaining to cultural resource studies and Certificate of Appropriateness:

      1.   Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines as currently amended and annotated by the National Park Service.

      2.   The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

      3.   Guidelines and preservation briefs and other similar best practice documents published by the National Park Service. (Res. 24-1600, 10-14-2024)

21-6-13.9: EXPIRATION OF A CERTIFICATE OF NO EFFECT AND CERTIFICATE OF APPROPRIATENESS:

   A.   The approval of a Certificate of Appropriateness and a Certificate of No Effect shall expire two (2) years from the date of issuance, unless the related construction work has begun. If work has begun and it has been over two years, the Certificate of No Effect shall expire when the Building Permit(s) has expired, or if a Building Permit is not required, there has not been any documented construction activity within one hundred eighty-two (182) days and the work has not been completed. (Res. 24-1600, 10-14-2024)

21-6-13.10: CRITERIA AND DECISION FOR CERTIFICATE FOR ECONOMIC HARDSHIP:

   A.   Proposed Alteration: An applicant whose Certificate of Appropriateness for a proposed alteration has been denied may apply for relief on the grounds of economic hardship. In order to prove the existence of economic 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.

   B.   Proposed Demolition:

      1.   An applicant whose Certificate of Appropriateness for a proposed alteration has been denied:

         a.   Shall consult in good faith with the Planning and Zoning Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. Evidence of the applicant's good faith effort shall be submitted with the application for a Certificate for Economic Hardship.

         b.   May apply for relief on the grounds of economic hardship to demolish a Landmark or improvement within a Historic District on the grounds of hardship. In order to prove the existence of an economic hardship, the applicant shall establish that:

         i.   The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

         ii.   The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which could result in a reasonable return; and

         iii.   Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

      2.   The Community Development Director may approve or refer an Certificate of Economic Hardship to demolish a Landmark, or a structure or improvements in a Historic District to the Planning and Zoning Commission upon consultation with the Building Official and Fire Marshal, finds that it has been damaged or destroyed by fire, flood, or similar abnormal and identifiable event, and more than fifty percent (50%) of the current assessed value. (Res. 24-1600, 10-14-2024)

21-6-13.11: APPEALS:

   A.   Any person aggrieved by a decision of the Planning and Zoning Commission on an application for a Certificate of Appropriateness or Certificate of Economic Hardship may, within fourteen (14) calendar days submit to the City Clerk a request for the City Council for review of the Commission's decision. The City Council shall review the application de novo, and may uphold, reverse, or the decision. (Res. 24-1600, 10-14-2024)

ARTICLE VII. ENFORCEMENT

SECTION:

21-7-1: Purpose

21-7-2: Enforcement Responsibilities

21-7-2.1: Building And Code Compliance

21-7-2.2: Code Compliance

21-7-3: General Enforcement

21-7-4: Types Of Violations And Offenses

21-7-5: Violation Remedies

21-7-5.1: Deny Or Withhold Entitlements

21-7-5.2: Entitlement Approved With Conditions

21-7-5.3: Revoke Entitlements

21-7-5.4: Stop Work

21-7-5.5: Abatement

21-7-5.6: Other Remedies

21-7-6: Criminal And Civil Penalties

21-7-6.1: Class One Misdemeanor

21-7-6.2: Civil Citation

21-7-7: Continuation Of Prior Enforcement Actions

21-7-8: Cumulative Procedures And Remedies