(A) Application. Prior to requesting a building permit, an applicant whose property is in the Historic District shall submit an application for a certificate of appropriateness on a form provided by the city. The application shall include but not be limited to a site plan, drawn to scale showing location of proposed construction, floor plan showing existing conditions and proposed changes, elevations - all exterior views, current photographs showing all elevations of the building and existing conditions, historic photographs if available, a list of materials including product sources and color description.
(B) Coordination. If a site plan and/or zoning approval is required pursuant to §§ 154.245 through 154.248, the review and approval process for the certificate of appropriateness shall be coordinated to the maximum extent possible, with the review and approval process for the site plan and/or zoning application so that all aspects of the proposed activity are considered at one time by both the HPC and the Zoning Board of Appeals.
(C) Submission, review, and approval.
(1) Upon receipt of an application for a certificate of appropriateness, the Building Official and HPC Board Secretary shall determine if the proposed construction is of a major or minor alteration.
(a) Types and kinds of improvements to be considered minor:
1. Painting and other related exterior maintenance.
2. Addition or deletion of awnings, shutters, canopies, and similar appurtenances.
3. Application or use of exterior materials of the same kind, type, color, or texture already in use on that structure which substantially cover one or more sides of the structure. This provision applies to roofing as well as siding.
4. Repair or replacement of existing architectural details with materials of the same kind, type, color, texture and design as those already in use on the structure. For minor alterations, the certificate of appropriateness need only be approved by the Building Official and Board Secretary.
(b) Types and kinds of improvements considered major:
1. Construction of a new building or auxiliary structure.
2. Any addition to or alteration of an existing structure which increases the square footage in that structure or otherwise alters its size, height, contour, or outline.
3. Change or alteration of a structures architectural style.
4. Alteration of a roof line.
5. Demolition of any structure or portion of a structure.
(c) For major alterations, the certificate of appropriateness must be submitted to the HPC for review in accordance with this chapter. The HPC shall return its decision to the Building Official and Board Secretary within 30 days following receipt of the application.
(2) The Building Official shall grant the certificate, deny the certificate, or grant the certificate with conditions.
(3) If the application is approved without conditions a certificate of appropriateness shall be issued.
(4) If the application is approved with conditions, the Building Official shall notify the applicant in writing and shall specify the conditions to be imposed and the reasons therefore in light of the standards and criteria of this code. If the applicant accepts all of the conditions or takes no other action, such approval, with conditions, shall be effective and a certificate of appropriateness shall issue. If the applicant notifies the Building Official in writing within 30 days of the date of such approval with conditions of his or her refusal to accept all of the conditions, the application shall be deemed to be denied.
(5) If the certificate is denied, the Building Official or Board Secretary shall notify the applicant in writing and shall specify the particulars in which the application is inconsistent with the standards and criteria of this code.
(6) Any person aggrieved by a ruling of the HPC may appeal the decision to the City Council.
(D) Appeals and review.
(1) Timing of appeal. Such appeal shall be undertaken within 30 days to the City Council by filing with the HPC Secretary a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeals shall be made on forms provided by the Building Official. The HPC Secretary shall forthwith transmit to the Building Official all of the papers constituting the record upon which the action appealed was taken.
(2) Powers of the City Council. The City Council may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision, or determination appealed from, to the extent and in the manner that the City Council may decide to be fitting and proper on the premises and to that end the City Council shall also have all the powers of the officer from whom the appeal was taken.
(3) Reversal of an order. The concurring vote of a majority of Mayor and full City Council shall be necessary to reverse any order, requirement, decision, or determination of the Building Official or to decide in favor of the applicant any matter upon which:
(a) Applicants claiming economic hardship shall be required to attempt to obtain reasonable financing, tax incentives, preservation grants or other incentives sufficient to allow a reasonable use of or return on the property.
(b) An applicant for a certificate of economic hardship shall submit all of the following information in order to assist the authorized by this subchapter to render decisions:
1. Notwithstanding any of the provisions of this subchapter to the contrary, the City Council may issue a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness has been denied. The City Council in making its determination on the application shall consider:
a. 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).
b. The assessed value of the land and improvements thereon according to the two most recent assessments.
c. Real estate taxes for the two previous years.
d. Remaining balance on the mortgage, if any, and annual debt service, if any, for the two previous years.
e. All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property.
f. Any listing of the property for sale or rent, price asked and offers received, if any.
g. Any consideration by the owner as to profitable adaptive uses for the property.
h. 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 two previous years, and annual cash flow before and after debt service, if any during the same time period.
i. Form of ownership or operation of the property, whether sole proprietorship, for-profit, or not-for-profit corporation, limited partnership, joint venture or other.
j. Any 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.
(c) If the City Council finds that without approval of the proposed work, the 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 City Council shall investigate plans and make recommendations 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 subchapter, a reduction in real property taxes, financial assistance, building code modifications and/or changing in zoning regulations.
(Ord. O-97-01, passed 1-27-97; Am. Ord. O-06-23, passed 8-14-06; Am. Ord. O-23-07, passed 4-24-23) Penalty, see § 151.99