A. Submittal Requirements:
1. Applications for historic review must be filed with the department of planning and community development on application forms provided by the city.
2. Supporting materials must be submitted as specified on the application form. (Ord. 05-4186, 12-15-2005)
B. Levels Of Historic Review:
1. Minor Review:
a. A minor review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for minor review in the "Iowa City Historic Preservation Handbook", as amended.
b. Applications for minor review will be reviewed by a designated commission member or designated staff to the commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the historic or conservation district. Decisions may be appealed to and reviewed by the historic preservation commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or historic or conservation district, the application for minor review will be deferred and will be forwarded for major review by the historic preservation commission.
c. A written report of the minor reviews processed shall be made to the commission at the next scheduled commission meeting.
2. Intermediate Review:
a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for intermediate review in the "Iowa City Historic Preservation Handbook", as amended.
b. Applications for intermediate review will be reviewed jointly by the designated commission staff and the historic preservation commission chair or the chair's designee. Decisions may be appealed to the historic preservation commission, if so requested by the applicant. If the designated commission staff or the historic preservation commission chair determines that an application warrants review by the full commission, said application will be forwarded for major review.
c. A written report of the intermediate reviews processed shall be made to the commission at the next scheduled commission meeting.
3. Major Review:
a. A major review will be conducted for applications that meet one or more of the following criteria:
(1) The application is for a specific change that does not qualify for minor or intermediate review; or
(2) The application is for minor or intermediate review and has been recommended for major review by the designated commission staff or the historic preservation commission chair; or
(3) An appeal of a decision regarding a minor or intermediate review.
b. Major reviews will be conducted by the historic preservation commission. Applications that are denied may be appealed to the city council if the property is a historic landmark or a property located within a historic district; or appealed to the board of adjustment if the property is located within a conservation district. (Ord. 10-4404, 9-7-2010)
C. Approval Procedure: Applications for historic review will be reviewed for compliance with the applicable approval criteria for historic review as set forth in chapter 3, article B, "Historic District And Conservation District Overlay", of this title. Historic review will result in one of the following outcomes:
1. If the proposed material change to the property will have no effect on any architecturally significant feature, or there will be no change in appearance to a landmark or property located within a historic or conservation district, a certificate of no material effect will be issued, signed by the chair of the historic preservation commission or designee and be transmitted along with the application to the building official and the city clerk.
2. If the application is approved or approved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the chairperson or designee and be transmitted along with the application to the building official and the city clerk.
3. If the application is disapproved, the commission will issue a written decision setting forth the factual basis for the decision and the vote of each member participating therein. The decision will be issued, signed by the chairperson or designee, and be transmitted along with the application to the building official and the city clerk.
D. Appeals: Any person aggrieved by any decision of the commission regarding an application for historic review in a historic district or for a historic landmark may appeal the action to the city council. Any person aggrieved by any decision of the commission regarding an application for historic review in a conservation district may appeal the action to the board of adjustment. Procedures for such appeals are as follows:
1. Any appeal submitted by the applicant must be in writing and must be filed with the city clerk no later than ten (10) business days after the filing of the above mentioned decision. An appeal submitted by an aggrieved party, other than the applicant, must be in writing and must be filed with the city clerk no later than ten (10) business days after construction work pursuant to an approved certificate of appropriateness, certificate of no material effect, or certificate of economic hardship is observable from adjacent properties or the public right of way or ten (10) business days after an alleged violation of this article is similarly observable.
2. The city council or board of adjustment, as applicable, shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by state law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time.
3. In deciding such appeal, the city council or the board of adjustment, as applicable, shall consider whether the commission has exercised its powers and followed the guidelines established according to this title, and whether the commission's action was patently arbitrary or capricious.
4. In exercising the above mentioned powers, the city council or the board of adjustment, as applicable, may, in conformity with the provisions of this article or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the historic preservation commission. (Ord. 05-4186, 12-15-2005)