No exterior changes to any structure within a designated historic district shall be permitted until such time as the property owner shall have obtained a certificate of appropriateness from the Historic District Commission. Certificates of appropriateness shall be issued or denied pursuant to the provisions of this section.
(A) Notice and hearing prior to issuance. Prior to the issuance or denial of a certificate of appropriateness, the District Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by application, and shall give the applicant and such owners an opportunity to be heard. In cases where the Commission deems it necessary, it may hold a public hearing concerning the application.
(B) Issuance of certificate; appropriate change. Should the District Commission determine that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.
(C) Denial of certificate. If the District Commission determines that a certificate of appropriateness should not be issued, it shall place upon its records, the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing him or her an attested copy of its reasons thereof and its recommendations, if any, as appearing in the records of said Commission.
(D) Appeal of certificate denial. Any applicant aggrieved by a determination of the Commission may appeal to the circuit court having jurisdiction in the city.
(E) Certificate of appropriateness required; change in use. No change in the use of any structure or property within a designated historic district shall be permitted until an application for a certificate of appropriateness has been submitted to and approved by the Historic District Commission. For the purposes of this section, the term USE shall be defined to mean the specific purpose for which land and/or a structure is designed, arranged, intended to be used, or for which it is or may be occupied or maintained. The city shall require said certificate to be issued by the Commission prior to the approval of any change of zoning classification within the designated historic district or districts.
(F) Certificate issued; extreme hardship. The Historic District Commission may approve an application for a certificate of appropriateness in any case where the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness be issued forthwith.
(G) Deterioration by neglect. In accordance with this chapter, any property owner permitting deterioration by willful neglect of any designated historic property or any property within an established historic district shall be punished as provided in § 10.99. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
(H) Conflicts with other laws. In the interpretation and application of the provisions of this chapter, these provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations or ordinances, the most restrictive, or the one imposing the higher standards, shall govern.
(Prior Code, § 29-8)