(A) A certificate of appropriateness (COA) from the Board shall be required before a person may undertake the following actions affecting a designated landmark or a property in a local historic district:
(1) New construction/addition;
(2) Alteration of the exterior part of a structure that is visible to the public, as well as alterations of the interior part of a structure only to the extent that interior alterations may affect the integrity or appearance of the exterior;
(3) Demolition;
(4) Landscaping, including tree removal;
(5) Signage;
(6) Lighting;
(7) Public streetscape areas.
(B) All applications to the Commission for a COA shall be in writing on forms provided by the Board. Forms can be obtained at the City Building in the General Services office. The form indicates the information needed by the Board to evaluate an application.
(C) The Building Inspector shall forward to the Board every application for a COA for any proposed action referenced under § 36.014(A) affecting a landmark, a landmark site, or a property in a local historic district, including those applications not requiring a building permit. When seeking a building permit for a project involving a designated property, an individual must submit a COA certificate approving any of the work listed under this section.
(D) The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used. The applicant shall supply the Board with other pertinent information it requests in order to reach a decision on the application for a COA. In the event work is being performed without the required COA, the City Building Inspector shall issue a Stop Work Order. In the event work is being performed which is not in accordance with such COA, the Building Inspector shall issue a Stop Work Order and may cite violators in the court of competent jurisdiction. All work shall cease on the designated property. No additional work shall be undertaken as long as such Stop Work Order shall continue in effect. The city may apply to the court of competent jurisdiction for an injunction to enforce its Stop Work Order.
(E) A completed application must be submitted to the city a minimum of 20 calendar days prior to a scheduled public meeting of the Board in order to be advertised and heard for that meeting. Normal public meeting and notice procedures of the Board shall govern the review of applications for a COA. In addition, notice of the proposed alteration shall be sent to property owners abutting the property under consideration, and public notice shall posted at a location near said property, so that other property owners in the neighborhood are served notice of the public meeting.
(F) To issue a COA, the Board must determine that the application request is compatible with the official design guidelines for the CBD area. In a meeting at which the issue is the granting of a COA, the applicant carries the burden of persuasion.
(G) The Board shall make a decision on each application within 60 days after the receipt of a completed application, provided that the Board may extend the time for decision an additional 30 days when the application is for demolition or new construction.
(H) Following a denial of an application, there shall be a 30 day negotiation period during which no appeal may be taken. During this time, the applicant and the Board shall negotiate to find an alternative which would comply with the Board guidelines.
(I) Upon an unsuccessful 30 day negotiation period, an applicant aggrieved by any action or decision of the Board shall appeal to the court of competent jurisdiction within 30 days after the close of the negotiation period.
(J) A COA shall remain valid for one year after it is issued, unless extended by the Board at the request of the applicant.
(Ord. O-2-02, passed 1-2-02)