(A) A certificate of appropriateness from the Commission shall be required before a person may undertake the following actions affecting a landmark or a property in historic district:
(1) Alteration of any exterior part of a structure which would alter the historic character;
(2) New construction;
(3) Demolition; or
(4) Relocation.
(B) The Building Inspector shall forward to the Commission every application for a permit that would authorize an exterior alteration, new construction, demolition or relocation affecting an existing site of a landmark or a property in a historic district. The Building Inspector shall give the applicant a form from the Commission requesting additional information from the applicant. Where applicable, the applicant shall provide to the Commission or its designee drawings of the proposed work, photographs of the existing building or structure and adjacent properties, and information about the building materials to be used. In the event work is being performed without the required certificate of appropriateness, the Building Inspector shall issue a stop work order.
(C) Once the Commission issues a certificate of appropriateness, the applicant may then request a building permit for the Building Inspector. The applicant must comply with the pertinent regulations.
(D) (1) In making a decision on an application, the Commission shall use its general guidelines and the guidelines it has adopted for those landmarks or historic districts. The Commission shall, after the public hearing, make its decision within five days. The Commission shall consider:
(a) The effect of the proposed work on the landmark or the property upon which such work is to be done; and
(b) The relationship between such work and other properties in the historic district.
(2) In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, arrangement, texture and materials. The certificate from the Commission shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(E) When an applicant wishes to demolish a landmark or a building or structure in a historic district, the Commission shall discuss with the applicant alternatives to demolition. The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition. After a public hearing, the Commission may decide that a building or structure in a historic district may be demolished because it does not contribute to the historic district. If the Commission decided that the demolition application shall be denied, the Commission shall study whether the landmark or the property in the historic district can be put to reasonable beneficial use and document the alternative use. The Commission may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in division (D) above. If economic hardship or a lack of reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds to grant the demolition application under the points contained in division (D) above.
(F) When an applicant wishes to construct a new structure within a designated landmark or historic district, the Commission will require plans showing the external facade and scale of the new structure for review. After a public hearing, the Commission will decide to grant a certificate of appropriateness based on the design of the facility and compliance with division (D) above, deny the issuance of a certificate of appropriateness based on division (D) above, or make recommendations based on criteria found in division (D) above.
(G) (1) When an applicant wishes to move a landmark or a building in a historic district or when an applicant wishes to move a building to a property in a historic district, the Commission shall:
(a) Hold a public hearing and base a decision on the contribution the building or structure makes to its present setting;
(b) Whether there are definite plans for the site to be vacated;
(c) Whether the building or structure can be moved without significant damage to its physical integrity; and
(d) The compatibility of the building or structure to its proposed site and adjacent properties.
(2) These conditions shall be in addition to the points contained in division (D) above. The Commission with either approve, deny or make recommendations.
(H) The applicant shall have an appeal to the Circuit Court from a decision of the Commission on an application for a certificate of appropriateness.
(I) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness provided this work is listed in the standards developed in § 160.21.
(J) In any case where the Building Inspector determines that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark zone or a property in a historic zone, he or she may order the remedying of these conditions without the approval of the Commission. The Building Inspector shall promptly notify the Chairperson of the Commission of the action being taken.
(K) All work performed pursuant to a certificate of appropriateness shall conform to the provision of the certificate. It shall be the responsibility of the Building Inspector or the designated representative of the Commission to inspect from time to time any work being performed to assure the compliance. Inspections should occur at least once a week. In the event work is being performed not in accordance with the certificate, the city government through its designated representative shall issue a stop work order, and all work shall cease. No additional work shall be undertaken as long as such stop work order shall continue in effect.
(Ord. 22-88, passed 9-20-1988) Penalty, see § 160.99