(A) Certificate of appropriateness is required and must be issued by the Commission before a permit is issued for, or work is begun on, any of the following:
(1) Within all areas of an historic district:
(a) The demolition of any building;
(b) The moving of any building;
(c) A conspicuous change in the exterior appearance of any historic building or any part of or appurtenance to such a building, including walls, fences, light fixtures, steps, paving, and signs by additions, reconstruction, alteration, or maintenance involving exterior color change if cited by individual ordinance; or
(d) Any new construction of a principal building or accessory building or structure subject to view from a public way.
(2) Within a primary area of an historic district:
(a) A change in walls and fences, or the construction of walls and fences along public ways; or
(b) A conspicuous change in the exterior appearance of non-historic buildings subject to view from a public way by additions, reconstruction, alteration and/or maintenance involving exterior color change.
(3) Within a conservation district:
(a) The moving of any building;
(b) The demolition of any building; or
(c) Any new construction of a principal building or accessory building or structure subject to view from a public way.
(B) Application. An application for a certificate of appropriateness shall be made in the office of the Building Department on the forms provided by that office. All applications shall be subject to the rules and requirements established by the Commission and in effect at the time the application is filed.
(C) Time limit. The Commission may approve or deny any certificate of appropriateness for any action covered by this chapter. If an application for a certificate of appropriateness is approved by the Commission, or is not acted on by the Commission within 30 days after it is filed, a certificate of appropriateness shall be issued. The Commission may grant an extensionof this 30-day limit if the applicant agrees of the extension.
(D) Written findings. The Commission shall report its findings and the reasons therefor in written form and supply the applicant with a copy of its report.
(E) Building permits. A copy of a valid certificate of appropriateness must be submitted with the application for each building or demolition permit; no building or demolition permit shall be issued unless a copy of the certificate of appropriateness is provided by the applicant with the application.
(F) Commission review. In any case where an applicant does not receive a certificate of appropriateness or otherwise feels aggrieved by an action of the Commission, the applicant shall have the right to a rehearing by the Commission upon submission of additional evidence or new information to the Commission along with a written request for rehearing within ten days of the date of the Commission's decision.
(G) Criteria for considering effect of actions on historic buildings. The Commission, in considering the appropriateness of any reconstruction, alteration, maintenance, or moving of an historic building or structure, or any part of or appurtenance to such building or structure, including walls, fences, light fixtures, steps, paving, and signs shall require:
(1) That work be done in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance.
(2) In considering historic and architectural character, the Commission shall consider, among other things, the following:
(a) Purposes of this chapter;
(b) Historical and architectural value and significance of the building, structure, or appurtenance;
(c) Compatibility and significance of additions, alterations, details, materials, or other non-original elements which may be of a different style and construction date than the original;
(d) The texture, material, color, style, and detailing of the building, structure or appurtenance;
(e) The continued preservation and protection of original or otherwise significant structure, material, and ornamentation;
(f) The relationship of buildings, structures, appurtenances, or architectural features similar to ones within the same historic district, including for primary areas, visual compatibility as defined in § 157.40(B); and
(g) The position of the building or structure in relation to the street, public right-of-way and to other buildings and structures.
(Ord. 2005-05, passed 4-25-05) Penalty, see § 157.99