§ 155.07  CERTIFICATE OF APPROPRIATENESS.
   (A)   When required.
      (1)   Landmarks; districts. A certificate of appropriateness shall be required before the following actions may be undertaken affecting any landmark or structure within a district:
         (a)   Any construction of a new residential or commercial building on a vacant lot;
         (b)   Any demolition in whole or in part, requiring a permit from the city, which affects the exterior architectural appearance of a structure;
         (c)   Any replacement structure constructed in conjunction with approval of a demolition;
         (d)   Any addition to a structure, as defined in the Commission’s rules and regulations, which is visible, at any time of the year, in whole or in part, from any public right-of-way, publicly owned land or adjacent private property that is not held in common ownership with the subject property;
         (e)   Any alteration, as defined in the Commission’s rules and regulations, which affects the exterior architectural appearance of a structure;
         (f)   Any alterations affecting the interior space of a building that has been designated an interior landmark; and
         (g)   Any request for a variance from the building scale ordinance of the city.
      (2)   Interior landmark. A certificate of appropriateness also shall be required before any required permit for construction, alteration, addition, replacement or demolition may be issued by the city that involves or affects any portion of a structure that has been designated an interior landmark.
   (B)   Applications for certificate of appropriateness.
      (1)   It shall be unlawful to undertake any of the work specified in division (A) above without first obtaining a certificate of appropriateness from the Commission. Applications for a certificate of appropriateness shall be made on a form prepared by the Commission, and shall be submitted to the Community Development Department.
      (2)   Application forms shall be available from the Community Development Department. Applicants may be required to submit plans, drawings, elevations, specifications and other information as may be necessary for the Commission to adequately review the application. Fees may be required with any application filed as approved and periodically updated by the Council.
      (3)   The Community Development Department shall not act upon any permit for work specified in division (A) above until the Commission has reviewed the work application and issued a certificate of appropriateness.
   (C)   Review by Commission.
      (1)   Application for Commission consideration and action.
         (a)   A complete application shall include without limitation the following plans and information and shall be submitted in accordance with the schedule adopted on an annual basis by the Commission.
            1.   Completed building scale calculation form;
            2.   Impervious surface calculation;
            3.   Application form;
            4.   Description of exterior/interior materials form;
            5.   Statement of intent;
            6.   Legal plat of survey;
            7.   Site plan of proposed improvements;
            8.   Grading plan (if any grade change is proposed);
            9.   Site grading cross section (if any grade change is proposed);
            10.   Tree survey;
            11.   Dimensioned drawings of all new structures or additions showing exterior materials;
            12.   All elevations, including interior if appropriate; at least one elevation shall be in color;
            13.   Floor plans;
            14.   Roof plan;
            15.   Cross sections;
            16.   Streetscape elevation (required for all new houses and major additions visible from the street);
            18.   Landscape plan;
            19.   Photographs of the site, existing buildings and interior if appropriate;
            20.   All applicable fees; and
            21.   Other materials as required by the Director of Community Development, including, without limitation, a roof line mock-up.
         (b)   In addition to the above materials, the following shall be submitted for all applications for demolition:
            1.   A written statement addressing the demolition criteria;
            2.   Historic preservation consultants report and assessment;
            3.   Structural evaluation from an independent structural engineer;
            4.   Massing model;
            5.   Site plan overlay of existing and proposed structures and hardscape; and
            6.   Elevation overlays of existing and proposed elevations.
         (c)   1.   One or more of the required materials may be waived if the Director of Community Development determines that the information is not relevant to the project or to the issues that will be considered by the Commission.
            2.   Detailed information on the required materials shall be provided in the application packet available from time to time through the Community Development Department.
         (d)   Site staked: no less than 14 days prior to the Commission meeting at which the application is scheduled to be considered, the footprint of all new buildings and all additions shall be staked and outlined on site.
      (2)   Public hearing.
         (a)   After receipt of a complete Commission application, as determined by the city, a public hearing shall be set within 60 days thereafter, or at the first regularly scheduled Historic Preservation Commission meeting that has not been fully subscribed.
         (b)   The time to consider the application may be extended with the consent of the applicant.
            1.   Notice of hearing.
               a.   Not less than ten days before the date of the public hearing, the Community Development Department shall post notice of the time and place of the hearing and mail notice of the hearing to the owners of each property within 1,320 feet of the subject property or within three properties deep, whichever is less.
               b.   For purposes of this section, an OWNER of a property shall be either:
                  i.   An occupant;
                  ii.   A legal or beneficial owner; or
                  iii.   The person to whom the most recent real estate tax bill has been sent.
               c.   Failure of any owner of a property to receive notice shall not affect the validity of any action taken with respect to a petition.
            2.   Action by Commission.
               a.   At the conclusion of the public hearing, the Commission shall vote in public whether to approve, disapprove or grant conditional approval of the application based upon consideration of the standards set forth in § 155.08.
               b.   The Commission may continue consideration of an application if the Commission determines that additional information is required.
                  i.   Approval by Commission. If the Commissioners vote to approve the application, the certificate of appropriateness shall be issued to the applicant and filed with the City Clerk within ten business days following the decision of the Commission. Upon receipt of the certificate of appropriateness the applicant may submit an application to the Community Development Department to obtain necessary permits, if any, which permits may not be issued until the time for appeal as set forth in divisions (D) and (E) below has expired. The certificate of appropriateness shall be valid for a period of one year from the date of issuance by the Commission. Certificates of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Commission.
                  ii.   Disapproval by Commission. If the Commissioners vote to disapprove the application, the applicant shall be notified within ten business days following the decision of the Commission. The Commission shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application for consideration by the Commission. At the discretion of the Commission, additional application fees may be waived.
                  iii.   Timing. Delays in the issuance of a certificate of appropriateness or of a notification of denial shall not affect the decision of the Commission with respect to any application for a certificate of appropriateness.
   (D)   Appeal of approvals. Any aggrieved person may appeal to the Council any decision of the Commission granting a certificate of appropriateness. The appeal must be filed within 14 calendar days after the date that the Commission’s decision is filed with the City Clerk in the office of the City Manager.
   (E)   Appeal of denials. Following a final decision of the Commission denying a certificate of appropriateness (or approving such certificate upon conditions unacceptable to the applicant), an applicant may, within 14-calendar days of the denial, file an appeal of such denial with the City Clerk on a form prepared by the Commission and available at the Community Development Department. A copy of anything filed with the City Clerk under this section shall also be filed with the Community Development Department.
   (F)   Effect of issuance. Any grant of a certificate of appropriateness shall require the owner or applicant to make any change to the property in accordance with the terms of the certificate of appropriateness, only as directed by the terms of the certificate of appropriateness, and to refrain from taking any action inconsistent with the certificate of appropriateness.
(Prior Code, § 51-6)  (Ord. 2012-03, passed 2-6-2012)