§ 153.10 CERTIFICATE OF APPROPRIATENESS.
   (A)   Requirement. A certificate of appropriateness shall be required in the following instances before the commencement of work upon any structure or site located within the HP Historical Preservation District:
      (1)   Whenever such work requires a building permit issued by the city;
      (2)   Whenever such work includes the application of paint to a previously unpainted brick or masonry exterior surface or the construction or enlargement of a driveway or parking area; and
      (3)   Whenever such work includes the construction, erection, moving, demolition, reconstruction, rehabilitation, restoration, stabilization or alteration of the exterior of any structure or site, except when such work satisfies all the requirements for “ordinary maintenance and repair” as defined in this chapter.
   (B)   Building permit issuance, condition. No building permit shall be issued by the city inspector for any structure or site located within HP Historical Preservation District until the application for such permit has been reviewed by the Commission and a certificate of appropriateness approved by the Commission.
   (C)   Documents required. When applying for such a permit, the applicant shall furnish two copies of all detailed plans, elevations, perspectives and specifications, and the Mayor shall forward to the Commission such application for a building permit within five days of receipt thereof. Any applicant may request a meeting with the Commission before submitting an application and may consult with the Commission during the review of the permit application.
   (D)   Review of application. Upon review of the application, the Commission shall determine whether the proposed work is of a nature which will adversely affect any historical or architectural resource and whether such work is appropriate and consistent with the spirit and intent of this chapter and the designating ordinance. The Commission shall apply the criteria established by this chapter and based thereon shall approve or disapprove such certificate of appropriateness. If the Commission disapproves such a certificate of appropriateness, no permit shall be issued and the applicant shall not proceed with the proposed work.
   (E)   Develop guidelines. The Commission shall develop such guidelines as it may find necessary to supplement the provisions of this chapter and to inform owners, residents and general public of those techniques which are considered most proper for undertaking work relating to historical and architectural resources. The Commission shall have the opportunity to advise the City Council concerning provisions in the building, electrical, plumbing, heat and air and housing codes and other codes which affect preservation work.
   (F)   Commission action. It is not the intent of this chapter to limit new construction to any one period or architectural styles, but to preserve the integrity of historic and architectural resources and to ensure the compatibility of new work constructed in the vicinity. In the case of the disapproval of plans by the Commission, the Commission shall state in writing the reasons for such disapproval and may include suggestions of the Commission in regard to actions the applicant might take to secure the approval of the Commission as to the issuance of a certificate of appropriateness.
   (G)   Archeological resource. With regard to the development of a property containing a designated archeological resource, a certificate of appropriateness shall be required prior to the issuance of the permit for which the applicant has applied; and further, the following requirements shall be satisfied.
      (1)   Archeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met for study, as set by the state historical society.
      (2)   Any discovered materials shall be properly recorded, reported, stored or exhibited according to the standards set by the state historical society.
      (3)   All development affecting the designated archeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by the qualified archeologist.
      (4)   Prior to the hearing by the Commission for issuance of the certificate of appropriateness, the applicant or the Commission shall cause to have presented the comments and recommendations of a qualified archeologist with respect to the resource under consideration and the application which would affect it.
   (H)   Approval upon certain conditions. The Commission may approve certificate of appropriateness subject to certain conditions. Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate, if any. It shall be the duty of the Mayor and the city inspector to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the Mayor shall issue a stop work order. The Commission may request by resolution that the Mayor inspect the work and issue a stop work order.
   (I)   Certificate review criteria. The Commission shall be guided by the following certificate review criteria:
      (1)   The purpose and intent of this chapter;
      (2)   The degree to which the proposed work may destroy or alter all or part of a resource;
      (3)   The degree to which the proposed work would serve to isolate the resource from its historical or architectural surroundings, or would introduce visual, audible, vibratory or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource;
      (4)   The compatibility of the building materials with the aesthetic and structural appearance of the resource, including, but not limited to, the consideration of texture, style, color or the components and their combinations of elements such as brick, stone, concrete, shingle, wood or stucco; and
      (5)   The compatibility of the proposed design to the significant characteristics of the resource, including, but not limited to, a consideration of a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories and workmanship.
(Prior Code, § 9-11-10) (Ord. 563, passed 12-4-1990)