(A) The owner(s) or others acting on behalf of an owner(s) shall apply for a certificate from the Commission before undertaking new work affecting a historic property. No fee shall be required for applications timely filed before new work has begun.
(B) The Commission may delegate its authority to issue certificates for new work to its staff in appropriate instances. The Commission shall prepare a list of routine alterations that shall receive immediate approval from its staff without a public meeting when an applicant complies with the specifications of the Commission.
(C) The owner(s) or persons acting on behalf of the owner(s) who apply for a certificate after new work has begun on a historic property shall pay a fifty dollar ($50) application fee to cover administrative costs and the application shall be heard by the Commission.
(D) All applicants for certificates shall supply the Commission with scale drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used. Commission staff may waive any of these requirements in an appropriate case.
(E) No building permits, zoning permits, certificates of occupancy, or demolition permits shall be issued by the Code Enforcement Officer or any other officer of the city unless the application for the permit or certificate of occupancy is accompanied by a certificate issued by the Commission, a resolution of City Council under division (O) of this section, or a final order of the Circuit Court.
(F) In the event new work is being performed without the required certificate, a Stop Work Order shall be issued by the Police Chief or the City Clerk upon written request of the Commission. Once a copy of the issued Stop Work Order has been posted on the affected historic property, all work shall cease on the designated property and no additional new work shall be undertaken as long as such Stop Work Order shall continue in effect. Any law enforcement officer may cite violators of a Stop Work Order in District Court and the Commission may apply in Circuit Court for an injunction to enforce its Stop Work Order.
(G) (1) The Coordinator shall review all applications upon receipt and shall present those which are complete to the Commission for its review. Any application which does not include all required information shall be returned to the applicant and shall not be considered by the Commission.
(2) The Commission shall review at a regular monthly public meeting each application for certificate within thirty (30) days after a completed application is received by the Commission except for applications which are staff-approvable as provided in division (B). The Commission shall make a decision on the application within forty-five (45) days after the meeting at which it is first considered provided that the Commission may extend the time for decision an additional sixty (60) days for a total of 135 days from receipt of a completed application when the application is for demolition, relocation, or new construction. The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its guidelines. The Commission may suggest modifications to an application and may then approve a certificate incorporating those modifications. If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved unless the applicant and the Commission have agreed in writing to an extension. Applicants shall be given notice of the public hearings and meetings relating to their applications and shall be informed of the Commission's decision.
(3) Any application, other than an application brought by the Code Enforcement Officer under division (O) of this section, which has been disapproved by vote of the Commission, shall not become final for ninety (90) days during which period the Commission and the applicant shall continue negotiations in an effort to agree upon an alternative which will comply with the Commission's guidelines. The Commission, after notice to the applicant, may hold additional hearings and hear additional evidence, and may reconsider its initial disapproval. All of these actions shall become a part of the administrative record.
(4) A certificate shall remain valid for one (1) year after it is issued. Work is required to start before the end of the one (1) year period. If the approved work has not been completed within two (2) years after the certificate was issued, the Commission shall review the situation and may require a renewed application for a certificate for the work that remains to be done.
(H) In making a decision on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Commission for its comments.
(I) In reviewing applications involving signs, the Commission shall use guidelines it has prepared that have been approved by the City Council. Owners and tenants shall apply to the Commission before their signs are made.
(J) As the purpose of this chapter and the Historic District Commission, as set forth at length in the legislative findings in § 155.01, is to prevent demolition of historic properties, applications for permits to demolish will be granted only in extraordinary circumstances. Any owner(s) or person acting on behalf of the owner(s) who applies for a demolition permit shall, as part of the application, give written permission to the Commission to make or have made such inspections of the building or structure for which the permit is sought as the Commission finds are appropriate and for the Commission to take any temporary measures it deems necessary to prevent further deterioration of the building or structure while the matter is under consideration. Any inspections or temporary remedial measures taken by the Commission shall be at its cost. An application for a permit for demolition may be approved by the Commission only if the applicant proves, to the satisfaction of the Commission, at least one of the following:
(1) That the building or structure or portion thereof which the applicant seeks to demolish is not original to the structure and does not contribute to the structure or district.
(2) That the structure or building has, through no fault of the owner(s), deteriorated to such an extent that it is no longer significant under the criteria listed in § 155.03(E).
(3) That the structure or building has deteriorated to such an extent it cannot be rehabilitated without economic hardship to the owner(s).
(a) If the deterioration has been caused or allowed to continue after the owner(s) have been given notice to repair the building or structure by the Historic District Coordinator or Code Enforcement Officer, the Commission may table the application for a period of one year from the hearing.
(b) In considering the economic hardship to the owner(s), the Commission may exclude the costs of repair and rehabilitation which have been caused by the failure of the owner(s) and any previous owner(s) within the five years prior to the date of the application to take appropriate remedial action after receiving notice from the Historic District Coordinator or Code Enforcement Officer.
(c) During the period when the application for demolition permit is lying on the table, the City or the Commission may make such temporary repairs to the building or structure as either deems necessary to prevent further deterioration of the building or structure.
(4) That the structure or building has deteriorated to such an extent that, even if rehabilitated, the owner(s) could not earn a return on investment in the building or structure commensurate with that earned by owners of similarly situated historic properties which have been maintained in sound condition.
(K) When the applicant wishes to move a building or structure on a historic property or wishes to move a building or structure to a historic property, the Commission shall consider the following:
(1) The contribution the building or structure makes to its present setting.
(2) Whether there are definite plans for the site to be vacated.
(3) Whether the building or structure can be moved without significant damage to its physical integrity.
(4) The compatibility of the building or structure to its proposed site and adjacent properties.
(5) Those criteria set forth in § 155.03(E), above.
(L) Except as provided in division (O) of this section, the applicant may appeal to the Circuit Court within thirty (30) days after an adverse decision of the Commission on an application for a certificate becomes final. All final actions of the Commission which have not been appealed within thirty (30) days shall not be subject to judicial review.
(M) Ordinary repairs and maintenance may be undertaken without a certificate provided this work on a historic property does not change its exterior appearance that is visible to the public.
(N) In any case where the Code Enforcement Officer determines that there are emergency conditions immediately dangerous to life, health, or other property affecting a historic property, he may order the remedying of these conditions by the owner(s) in a manner consistent with this chapter and the guidelines of the Commission without the approval of the Commission. The Code Enforcement Officer shall promptly notify the Chairman and Coordinator of the Commission of the action being taken.
(O) If, in the judgment of the Code Enforcement Officer, the only viable remedy for the emergency conditions requires demolition of a historic property, he shall seek approval of the Commission which shall meet within twenty-four (24) hours of receipt of notice from the Code Enforcement Officer to consider the request.
(1) If the Commission concurs with the recommendation of the Code Enforcement Officer, it shall issue an emergency certificate.
(2) If the Commission concludes that further information is needed to consider the request, it may defer decision on the matter for fourteen (14) days during which it may seek expert advice on the condition of the historic property and means for remedying the emergency condition. If at the end of the fourteen (14) days the Commission concurs with the Code Enforcement Officer, it shall issue an emergency certificate.
(3) If the Commission concludes that there are other viable means for remedying the emergency condition, it may deny the request of the Code Enforcement Officer.
(4) Any person adversely affected by the decision of the Commission on a request for an emergency demolition certificate may appeal to the City Council in thirty (30) days and may appeal a final action of the City Council to the Circuit Court in thirty (30) days thereafter. All final actions of the Commission which have not been appealed to City Council within thirty (30) days and all actions of City Council which have not been appealed within thirty (30) days shall not be subject to judicial review.
(5) The failure of the Commission to act within any of the time limits of this section shall be considered its approval of the Code Enforcement Officer's request.
(P) All work performed pursuant to a certificate shall conform to the provisions of the certificate. The Code Enforcement Officer and Historic District Coordinator shall inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with the certificate, the Police Chief or the City Clerk, at the request of the Code Enforcement Officer or the Historic District Coordinator, shall issue a stop work order and any law enforcement officer may cite violators in District Court. All work shall cease on the designated property. No additional work shall be undertaken as long as the stop work order shall continue in effect. The Commission may apply in Circuit Court for an injunction to enforce its stop work order.
(Ord. 2006-02, passed 2-13-06)