(A) Purpose. The purpose of a certificate of appropriateness is to assure that development activities in the scenic corridor are congruous with the historical, architectural and cultural character of adjacent and nearby areas within the scenic corridor, and to ensure that existing historic structures, streets and neighborhoods are preserved and protected.
(B) Applicability. A certificate of appropriateness is required prior to undertaking any of the following activities in scenic corridor:
(1) Construction or reconstruction;
(2) Alteration, additions, restoration or rehabilitation;
(3) Relocation;
(4) Signage;
(5) Construction or reconstruction of a parking lot;
(6) Construction or reconstruction of an appurtenance;
(7) Demolition; and
(8) Establishment or alteration of lighting, furniture and seating plans, and/or awnings and umbrellas within public right-of-ways.
(C) Exceptions. This requirement does not apply to the following activities:
(1) Changes in color to a structure's exterior;
(2) Interior arrangements for structures;
(3) Ordinary maintenance or repair of any exterior feature that does not involve a change in design, material, or outer appearance; or
(4) A development activity which the Building Official or other responsible official certifies is required for the public safety because of an unsafe or dangerous condition.
(D) Effect. Approval of a certificate of appropriateness authorizes the applicant to apply for permits for the proposed development activity.
(E) Sequence of approvals.
(1) Prior approvals. An application for a certificate of appropriateness shall not be approved unless the following permit(s) have been approved and remain in effect covering the proposed development activity:
(a) Zoning that allows the proposed use;
(b) Any specific use permit required for the proposed use;
(c) Any required final subdivision plat or final development plat for the proposed use.
(2) Subsequent approvals. A certificate of appropriateness must be approved prior to the issuance of a building permit or any other permit that authorizes the development activity.
(F) Application requirements. Each application for a certificate of appropriateness will be accompanied by an application fee of $100, and will contain the following information:
(1) Name, address, telephone number and email address of the applicant.
(2) Detailed description of the proposed development activity.
(3) Location and photographs of the property and of adjacent properties. Historical photographs, when available, may be requested as well.
(4) Elevation drawings of the proposed development activity, if applicable.
(5) Pictures, brochures, or physical samples of exterior materials to be used.
(6) If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property.
(7) Any other information which the building official may deem necessary in order to visualize the proposed development activity.
(8) If the applicant so desires, a request that the city council expedite the application, and list the reasons why.
(G) Processing of application and decision.
(1) Decision-maker. The City Council will be the decision-maker for a certificate of appropriateness.
(2) Public hearing and decision. The City Council will conduct a public hearing concerning the application. If the City Council determines that the proposed activity is appropriate, it will approve the application and issue to the applicant a certificate of appropriateness. If the City Council determines that a certificate of appropriateness should not be issued, or should be issued subject to conditions, it will place upon its records the reasons for its determination.
(3) Time for decision. The City Council will render its decision within 30 days of the date the application is accepted for filing.
(H) Criteria for approval. The following criteria will be used to determine whether the application for a certificate of appropriateness will be approved, conditionally approved or denied:
(1) Whether the proposed development activity would have a detrimental effect on the historical, architectural or cultural character of the scenic corridor; and
(2) Whether the property owner would suffer extreme hardship, not limited solely to loss of profit, unless the certificate of appropriateness is issued.
(I) Time of expiration. A certificate of appropriateness will expire one year from the date it is issued if the proposed activity has not commenced, or two years from the date the certificate is issued, if the proposed activity has not been completed.
(J) Extension. A certificate of appropriateness may be extended by the City Council for a period not to exceed one year from the date required for commencement, and two years from the date for completion of the activity authorized by the certificate.