(A) To protect designated heritage landmarks and heritage landmark districts, the heritage preservation commission shall review all applications for city permits for the following types of work in relation to a designated heritage resource:
(1) Demolition of any building or structure, in whole or in part;
(2) Moving a building or structure to another location;
(3) Excavation, grading, or earth moving in areas containing significant archaeological resources;
(4) New construction; and
(5) Exterior remodeling work that will substantially alter or destroy any distinguishing historical features of a building, site, structure, object, or district.
(B) No city permits for the types of work described in the subsection above will be issued without a certificate of appropriateness approved by the heritage preservation commission and signed by the city administrator evidencing compliance with the city's heritage preservation plan and the plan of treatment for individual heritage landmarks and landmark districts. Certificates of appropriateness may be granted subject to conditions.
(C) The Heritage Preservation Commission shall complete their review of certificate of appropriateness applications within 60 days of the application.
(D) A certificate of appropriateness may be issued administratively upon the approval of the City Administrator in consultation with the Chair or Vice-Chair of the Commission for minor repairs, alterations, painting or other changes that will have no impact on historic and architectural resources. From time to time, the Commission may recommend, and the City Council may approve, a description of such minor repairs, alterations or changes for which a Certificate of Appropriateness maybe issued administratively.
(E) The Heritage Preservation Commission shall review plans for public works projects and applications for zoning permits in relation to properties designated or determined eligible for designation as heritage landmarks or landmark districts to assure compliance with the goals and policies of the city preservation plan.
(F) All decisions of the Heritage Preservation Commission and staff with respect to approval or denial of certificates of appropriateness shall be subject to review by the city council. Any party aggrieved by the denial of a certificate of appropriateness shall have a right to appeal such decision directly to the City Council by filing a written notice of appeal with the City Administrator. Upon receipt of the notice of appeal, the city administrator shall transmit a copy to the Heritage Preservation Commission.
(G) A certificate of appropriateness shall be invalid if:
(1) The plans approved by the Commission or the City Council are changed in any material way;
(2) Any conditions of the certificate of appropriateness are not satisfied; or
(3) Any building permit issued for the approved work becomes invalid.
(H) Violations of the provisions of this chapter or the conditions of approval granted thereunder shall be a misdemeanor. This chapter may also be enforced by injunction, abatement, or any other appropriate remedy in any court of competent jurisdiction.
(I) All design review decisions relating to certificates of appropriateness shall be in compliance with the Secretary of the Interior's standards for the preservation, rehabilitation, restoration, and reconstruction of historic properties, and the plans of treatment adopted for heritage landmarks and landmark districts (see § 31.28). The Heritage Preservation Commission shall make every effort to follow the Secretary of Interior's guidelines without causing undue hardship to the property owner.
(J) Signage shall be designed to enhance and complement the historic character of buildings within a heritage preservation district. Prior to issuance of a sign permit for a new sign or replacement of an existing sign, the applicant shall complete an application for a certificate of appropriateness. The proposed sign shall meet the following:
(1) All sign permits for property within a local historic district shall comply both with the requirements of this chapter and the Zoning Ordinance.
(2) Signs shall be positioned so they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall not destroy architectural details, such as but not limited to, stone arches, glass transom panels, or decorative brickwork. Signs may be placed only in the horizontal lintel “sign space” above the store front windows, or within window glass, attached to awnings, or in areas where signs were historically attached.
(3) External illumination of signs is permitted. Illumination shall emit a continuous white light that prevents direct light from shining onto the street. The use of internally lit signs, such as, but not limited to, backlit plastic, is not permitted. Public service time and/or temperature signs are exempt from this standard.
(4) All freestanding signs which comply with the requirements of the Zoning Ordinance shall be located, sized, and landscaped so that they do not obscure the view of historic resources.
(5) Awning or canopy signs may be used with a wall sign if the sign on the awning/canopy is either less than seven square feet in size or eight inches in height, is in the lowest section of the awning/canopy and is parallel to the building.
(6) Historic projecting signs are allowed within the Heritage Preservation District if it meets all the following criteria:
(a) Maximum size shall be six square feet per sign face, and shall not extend more than five feet beyond the wall of the building.
(b) No part of the projecting sign and supports shall be less than eight feet above grade nor higher than two-thirds of the height of the building to which it is attached or 15 feet above grade, whichever is higher.
(c) Supporting brackets shall be designed to be compatible to the sign and bolted whenever possible into masonry joints in order to avoid damaging brick or other stonework.
(7) A-frame style signs shall be permitted provided they meet the following standards:
(a) Such signs shall be no larger than ten square feet in sign area per side.
(b) Such signs shall not be higher than four feet or wider than two and a half feet.
(c) Such signs shall only be displayed during business hours.
(d) Such signs may be placed on private property or on the public sidewalk near the place of business but must provide at least five feet of clearance on the sidewalk for pedestrian movement.
(e) Only one such sign shall be allowed per zoned lot.
(f) Such signs shall complement and enhance the architectural qualities of the building and shall be compatible and consistent with the facade of the building and other permanent signage on the building.
(K) Awnings within the public right-of-way may be permitted within the historic district provided the following criteria are met:
(1) Awnings extending above the public right-of-way shall have a minimum vertical clearance of eight feet above the sidewalk.
(2) Residential awnings shall be constructed of canvas, cloth or equivalent. Non-residential awnings shall be constructed of canvas, other equivalent cloth, metal or glass.
(3) Awnings shall be integrated structurally and architecturally into the design of the facade and not obscure the character-defining features of historic facades.
(4) The following shall be prohibited:
(a) A single continuous awning that connects two buildings.
(b) Back-lit or internally lit awnings.
(Ord. 324, passed 10-3-2018)