(A) The Historic Preservation Commission or the City Planner, acting on the Commission’s behalf, may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness.
(B) When directed by the Commission, the City Planner shall issue certificates of appropriateness or letters of authorization on the Commission’s behalf for normal or routine maintenance and repair work items, which may include, but are not limited to painting (including approval of colors) and reroofing.
(C) If an application for a certificate of appropriateness: is approved by the Commission, or is not acted on by the Commission; within 30 days after it is filed, a certificate of appropriateness shall be issued. If the certificate is issued, the application shall be processed in the same manner as applications for building or demolition permits required by the city, if any, are processed. If no building or demolition permits are required by the city, the applicant may proceed with the work authorized by the certificate.
(D) If the Commission denies an application for a certificate of appropriateness within 30 days after if is filed, the certificate may not be issued. The Commission must state its reasons for the denial in writing, and must advise the applicant. An application that has been denied may not be processed as an application for a building or demolition permit and does not authorize any work by the applicant. However, the Commission may issue a “letter of authorization.” (See division (F) below).
(E) The Commission may grant an extension of the 30-day limit prescribed by divisions (C) and (D) above if the applicant agrees to.
(F) In those circumstances where the applicant refuses to comply with the Commission’s recommendations or it becomes an economic or personal hardship for the applicant to comply with the Commission’s recommendations, the Commission or City Planner may issue a letter of authorization in lieu of a certificate of appropriateness. The purpose of a letter of authorization is to note that the proposed improvements are not in strict compliance with the Secretary of Interior’s Guidelines or the guidelines and standards which have been adopted for the specific landmark or district, but the improvements are such that the historical and architectural character of the structure would not be destroyed or lost forever and the structure would be in a better condition with the proposed improvements than it would be without them, and that a building permit may be issued for the proposed improvements.
(G) When the Commission is reviewing certificate of appropriateness applications, it must follow the Secretary of the Interior’s Standards for Rehabilitation or those guidelines and standards which have been adopted for the specific landmark or district. The Commission will also consider the following in reviewing certificate of appropriateness applications:
(1) Appropriateness of the proposed construction, reconstruction, alteration, demolition, or moving to the Historic landmark, specifically, and/or the Historic District, generally;
(2) The detriment to the public welfare if the proposed construction, reconstruction, alteration, demolition or moving is permitted even though it is not deemed appropriate; and
(3) The potential hardship that the denial of a certificate of appropriateness would cause the applicant.
(H) Prior to the approval or denial of those certificate of appropriateness applications which come before the Commission, site visits shall have been made by at least a majority of the voting Commission members.
(I) The City Planner, if so directed by the Commission, shall issue written recommendations for certificate of appropriateness applications prior to the Commission meeting at which the applications will be considered.
(J) The City Planner, if so directed by the Commission, shall prepare a written determination for specific certificate of appropriateness applications, which written determination shall include the opinion of the Commission, including any dissent, the appropriateness of the work proposed in regard to preserving or destroying the historic aspect and nature of the building, site or area and any changes in plans or specifications recommended by the Commission. However, the Commission’s opinion may be incorporated into and written on the actual certificate of appropriateness form.
(Prior Code, § 160.11) (Ord. 7099, passed 12-12-1988)