(A) Procedure.
(1) Application. An owner of property designated as a historic site or owner of property within a historic district may apply for a certificate of appropriateness by filing an application with the Historic Preservation Advisory Board that includes all information that the Historic Preservation Advisory Board determines is necessary to consider the application, including without limitation plans and specifications showing the proposed exterior appearance, with texture, materials and architectural design and detail.
(2) Historic Preservation Advisory Board action.
(a) The Historic Preservation Advisory Board shall review an application for a certificate of appropriateness at a regularly scheduled or special meeting within 45 days after the filing of the application.
(b) The Historic Preservation Advisory Board shall determine whether the application meets the criteria set forth in division (B) below and shall forward its written recommendations to the Board of Trustees no later than 30 days after the meeting unless otherwise agreed to by the Historic Preservation Advisory Board and applicant.
(c) When reviewing a certificate of appropriateness, the Historic Preservation Advisory Board may extend the review period up to 90 additional days if the Historic Preservation Advisory Board finds the original application does not meet the criteria set forth in division (B) below. The extension period shall be used to encourage both the applicant and the Historic Preservation Advisory Board to explore acceptable alternative solutions to the original submission.
(3) Board of Trustees action.
(a) The Board of Trustees shall review an application for a certificate of appropriateness at a public hearing within 45 days after receipt of a decision of the Historic Preservation Advisory Board.
(b) Written notice of the public hearing shall be mailed to the owner no later than ten days prior to the public hearing.
(c) The Board of Trustees shall determine whether the application meets the criteria set forth in this code and shall by resolution approve, modify and approve, or disapprove the proposed application for certificate of appropriateness.
(B) Criteria.
(1) Criteria for new construction or alteration.
(a) In determining whether to approve a certificate of appropriateness for any proposed new construction on or alteration of a designated historic site, the Historic Preservation Advisory Board and Board of Trustees shall consider:
1. Whether the proposed work would detrimentally alter, destroy or affect any architectural or landscape feature that contributes to the original historic designation; and
2. Whether the proposed work is visually compatible with designated historic structures located on the property in terms of designs, finish, material, scale, mass and height.
(b) In determining compatibility, the following criteria shall be considered:
1. The effect on the general historic and architectural character of the structure and property;
2. The architectural style, arrangement, texture and material used on the existing and proposed structures and their relation to and compatibility with other structures;
3. The size of the structure, its setbacks, location and the appropriateness thereof when compared to existing structures and the site;
4. The compatibility of accessory structures and fences with the main structure on the site and other structures;
5. The effects of the proposed work in creating, changing, destroying or otherwise impacting the exterior architectural features of the structure upon which such work is done;
6. The condition of existing improvements and whether they are a hazard to public health and safety;
7. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the property; and
8. Compliance with the United States Secretary of the Interior’s “Standards For Rehabilitation”.
(2) Criteria for relocation. In addition to the criteria in division (B)(1) above, the Historic Preservation Advisory Board and Board of Trustees shall use the following criteria in considering an application for a certificate of appropriateness for relocation of a designated historic site:
(a) Documentation showing the structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property;
(b) The contribution the structure makes to its present setting;
(c) If the structure can be moved and re-sited without significant damage to its physical integrity and the applicant can show the relocation activity is the best preservation method for the character and integrity of the structure;
(d) Whether a structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the structure proposed for relocation;
(e) Whether the building or structure is compatible with its proposed new site and adjacent properties; and if the receiving site is compatible in nature with the structure or structures proposed to be moved;
(f) The structure’s architectural integrity and its consistency with the character of the new neighborhood; and
(g) Whether the relocation of the structure would diminish the integrity or character of the neighborhood of the receiving site.
(3) Criteria for total demolition. An applicant requesting a certificate of appropriateness for total demolition shall provide data clearly to demonstrate that the situation meets all of the following criteria.
(a) The structure proposed for demolition is not structurally sound despite evidence of the owner’s efforts to properly maintain the structure.
(b) The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property.
(c) The structure cannot be practically moved to another site in the town.
(d) The applicant demonstrates that the proposal mitigates to the greatest extent possible the following:
1. Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur;
2. Any impact on the historic importance of the structure or structures located on the property and adjacent properties; and
3. Any impact to the architectural integrity of the structure or structures located on the property and adjacent properties.
(4) Criteria for partial demolition. An applicant requesting a certificate of appropriateness for partial demolition shall provide data clearly to demonstrate that the situation meets all of the following criteria.
(a) The partial demolition is required for the renovation, restoration or rehabilitation of the structure.
(b) The applicant has mitigated, to the greatest extent possible, and at the applicant’s own cost:
1. Impacts on the historic importance of the structure or structures located on the property; and
2. Impacts on the architectural integrity of the structure or structures located on the property.
(Ord. 2024-1, passed - -2024)