(a) Certificates of Appropriateness Required: A Certificate of Appropriateness must be issued by the Board before a building permit is issued for, or work is begun on any of the following within all areas of an historic district, landmark/sites:
(1) The demolition of any building;
(2) The moving of any building;
(3) A conspicuous change in the exterior appearance of any historic building or any part of or appurtenance to such a building including walls, fences, light fixtures, steps, paving, and signs by additions, reconstruction, alteration, or maintenance involving exterior color change; or,
(4) A conspicuous change in an archaeological site, i.e., ground disturbing activities affecting the archeological site.
(5) Any new construction of a principal building or accessory building or structure subject to view from a public way; and,
(6) Conspicuous and visible changes within the public right-of-way,
(7) A change in walls and fences, or the construction of walls and fences, along public ways in a primary area of a historic district; or,
(8) A conspicuous change in the exterior appearance of non-historic buildings subject to view from the public way in a primary area of a historic district, by additions, reconstruction, alteration, or maintenance involving exterior color change; or
(9) Any new sign; or
(10) Landscaping performed.
(b) Application for Certificates of Appropriateness: An application for Certificate of Appropriateness may be made in the office of Engineering and Zoning on forms provided by that office and shall be subject to the following requirements:
(1) The Board may adopt, as part of its rules, filing requirements which its finds reasonable and necessary to expedite the business of the Board. These rules may include, but are not limited to, filing deadlines and application requirements such as sketches, drawings, photographs, descriptions, or other information which the Board requires to make a decision.
(2) No fee shall be charged for such application.
(c) Historic Interest Demolition Review Required. Any landmark/site not a part of a historic district or listed on the National Register, must submit demolition plan of a building/site designated by the Board as part of historic interest before a demolition permit is issued. The Board must review demolition plans within ten (10) days from date of demolition request.
(d) Approval or Denial of Certificate of Appropriateness. The Board may approve Certificates of Appropriateness for any actions covered by this Chapter.
(1) If an application for a Certificate of Appropriateness is approved by the Board or is not acted on by the Board within forty-five (45) days after it is filed, a Certificate of Appropriateness shall be issued after which required permits and work may proceed as authorized by the Certificate of Appropriateness.
(2) If the Board denies an application for a Certificate of Appropriateness within forty-five (45) days after it is filed, the Certificate may not be issued. In this case, the Board must state its reasons for the denial in writing and advise the applicant.
(3) The Board may grant an extension of the forty-five (45) day limit prescribed by subsection (d)(1) and (d)(2), if the applicant agrees to it.
(4) The Board may advise and make recommendations to the applicant before acting on an application for a Certificate of Appropriateness.
(5) If the Board approves an application for a Certificate of Appropriateness, that Certificate of Appropriateness will be valid for a period of one (1) year from the date it is issued.
(e) Appeals Process.
(1) Any person affected by any notice and order issued in connection with an application for a Certificate of Appropriateness may request and shall be granted a hearing of the matter before City Council. Such person shall file in the office of the Zoning Inspector a written request for such hearing and shall set forth the name, address and phone number of the appellant and a brief statement of the grounds for such hearing and appeal from any notice or order of the Architectural Review Board.
(2) Requests shall be filed within ten calendar days after the notice and order is served. Upon receipt of such request, the Council Chair shall set a time and place for such hearing before Council and shall give the appellant written notice thereof at least fifteen (15) days prior to said hearing date. The hearing shall be held within forty-five (45) days after a request has been filed.
(3) At any hearing of City Council, the appellant shall be given an opportunity to be heard and to show cause why such notice and order should be modified or dismissed. The failure of the appellant or designated representative to appear and present the appellant’s position at such hearing shall be grounds for dismissal of such request.
(4) Upon hearing, Council by a three-fourths (3/4) vote of its members, may amend, modify, or overrule the decision of the Architectural Review Board. The appellant and the Architectural Review Board shall be notified in writing of such findings.
(f) Review Guidelines. In reviewing Certificate of Appropriateness applications, the Board shall follow the U.S. Secretary of Interior's Standards for Rehabilitation and guidelines for rehabilitating historic buildings as set forth in 36 C.F.R. part 67, unless the Board adopts design guidelines of its own. The Board shall make reasonable efforts to guide owners in preserving historic architectural character in a cost-effective manner.
(Ord. 2020-4053. Passed 1-7-21.)