A. Scope: No exterior construction, alteration, demolition or removal is permitted on property and structures nominated or designated under this chapter as landmarks or preservation districts, except as shall be approved by a Certificate of Appropriateness or Certificate of Economic Hardship.
B. Certificate Of Appropriateness:
1. Application:
a. Every application submitted to the City for a building permit affecting property or structures nominated or designated under this chapter as landmarks or preservation districts shall be forwarded to the commission following the receipt of said application.
b. Application for review of construction, alteration, demolition or removals not requiring a building permit, but for which a Certificate of Appropriateness is required, shall be made on a form available at the City, and shall be forwarded to the commission following the receipt of said application.
2. Required Information: The following information shall be required for all applications for a Certificates of Appropriateness:
a. Street address;
b. Legal description;
c. Brief description of the present improvements situated on the property;
d. A detailed description of the construction, alteration, demolition or removal proposed, together with any architectural drawings or sketches, or a sufficient description to enable anyone to determine the final appearance of the real estate, including landscaping;
e. Owner’s name;
f. An application fee established by the City Council to cover the cost of the review process.
3. Consideration By Commission: The commission shall consider the completed application at its next regular meeting. The commission shall act promptly and in a reasonable manner in its judgment of plans for construction, alteration, removal or demolition of structures in preservation districts that have little historic value and that are not shown on priority lists, except where such construction, alteration or demolition would seriously impair the historic or architectural value of surrounding structures or the surrounding area.
4. Design Criteria: The commission shall consider the following factors in reviewing applications for Certificates of Appropriateness:
a. Height: Compatible with the style and character of the landmark and with the surrounding structures within a preservation district;
b. Proportions Of Windows And Doors: Compatible with the architectural style and character of the landmark and with the surrounding structures within a preservation district;
c. Relationship Of Building Masses And Spaces: Compatible within a preservation district to open space between it and adjoining structures;
d. Roof Shape: Compatible with the architectural style and character of the landmark and surrounding structures in a preservation district;
e. Landscaping: Compatible with the architectural style and character of the landmark and with the surrounding structures within a preservation district;
f. Scale: Compatible with architectural style and character of the landmark and with the surrounding structures within a preservation district;
g. Directional Expression: Compatible with the dominant horizontal or vertical expression of surrounding structures and facades;
h. Architectural Details: Treated to make a landmark compatible with its original architectural style or character.
5. Standards For Review: The commission, in considering the appropriateness of any alteration, demolition, construction, or removal shall be guided by the following general standards in addition to any design guidelines in the ordinance designating the landmark or preservation district:
a. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the structure, or site and its environment, or to use a property for its originally intended purpose;
b. The distinguishing original qualities or character of a structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible;
c. All structures and sites shall be recognized as products of their time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged;
d. Changes that may have taken place in the course of time are evidence of the history and development of a structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected;
e. Distinctive stylistic features or examples of skilled craftsmanship that characterize a structure or site shall be treated with sensitivity;
f. Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures;
g. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken;
h. Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project;
i. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment;
j. Wherever possible, new additions or alterations to structures shall be done so that the essential form and integrity of the structure would be unimpaired if such additions or alterations were to be removed in the future.
6. Determination By Commission: The commission shall provide City Council with a recommendation of the approval or denial of the Certificate of Appropriateness supported by written findings.
7. Denial Of Certificate Of Appropriateness: A recommendation of denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for the denial. The commission shall make recommendations to the City concerning changes, if any, in the proposed action that would cause the commission to reconsider its denial. The applicant may submit an amended application or reapply for a building permit that takes into consideration the recommendations of the commission.
8. Failure Of Commission To Review Application In Timely Manner: Failure of the commission to make a recommendation to City Council regarding the final determination on an application for a Certificate of Appropriateness within ninety (90) days from receipt of a completed application shall constitute approval and no other evidence shall be needed.
9. Demolitions: Upon receipt of an application for a Certificate of Appropriateness for demolition, the commission shall make a recommendation to City Council regarding its determination, supported by written findings, whether one or more of the following criteria are met:
a. The structure is of such interest or quality that it would reasonably meet national, State or local criteria for designation as a historic or architectural landmark on its own credentials;
b. The structure is of such unusual or uncommon design, texture or materials that it could not be reproduced, or be reproduced only with great difficulty and expense;
c. Retention of the structure would aid substantially in preserving and protecting another structure that meets the above criteria.
10. Compliance: A Certificate of Appropriateness will become void if there is any change in the scope of work of the approved application subsequent to the issuance of the certificate; if twelve (12) months have elapsed after the issuance of the certificate and no building permit has been issued; or if twenty four (24) months have lapsed after issuance of the last building permit and the project has not been completed.
11. Appeals: Any appeal of a denial of Certificate of Appropriateness shall be made to the City Council. The City Council, after reviewing the recommendation and written findings of the commission, shall affirm the recommendation or approve the Certificate of Appropriateness within sixty (60) days from receipt of the appeal.
C. Certificate Of Economic Hardship:
1. Determination For Issuance: The City shall issue a Certificate of Economic Hardship only after a determination that the failure to issue a Certificate of Appropriateness has denied, or will deny the owner of a landmark or of a property within a preservation district all reasonable use of, or return on, the property.
2. Information Required: The City shall require the following information, evidence, or expert testimony to make a determination on an application for a Certificate of Economic Hardship:
a. An estimate of the cost of the proposed construction, alteration, demolition or removal, and an estimate of any additional cost that would be incurred to comply with the recommendations of the City for changes necessary for the issuance of a Certificate of Appropriateness;
b. A report from an engineer or architect licensed in the State with experience in rehabilitation as to the structural soundness of any structures on the property for rehabilitation;
c. The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the City; and, in the case of a proposed demolition, after renovation of the property for continued use;
d. An estimate of any decrease in the fair market value of the property as a result of denial of the Certificate of Appropriateness and any decrease in the pretax return to the owner or other investors in the property as a result of the denial of the Certificate of Appropriateness;
e. In the case of a proposed demolition, an estimate from a licensed architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;
f. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer, and any consideration by the owner as to profitable adaptive uses for the property;
g. If the property is income producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
h. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years, and all appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;
i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;
j. The assessed value of the property according to the two (2) most recent quadrennial assessments;
k. The Real Estate Taxes paid or owed for the previous two (2) years;
l. Form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other;
m. Any other information, including the Income Tax bracket of the owner, applicant or principal investors in the property considered necessary by the City to make a determination as to whether the property does yield or may yield a reasonable return to owners.
3. Determination Of Economic Hardship:
a. Within one hundred twenty (120) days from receipt of a completed application for a Certificate of Economic Hardship, the City shall provide notice of the approval or denial of the Certificate of Economic Hardship supported by written findings.
b. In cases of denial of a Certificate of Economic Hardship, the City may offer the owner of the property reasonable financing, tax or other incentives sufficient to allow a reasonable use of, or return on, the property; or that the City offer to purchase the property at a reasonable price or institute eminent domain proceedings.
4. Appeal: Any appeal of a denial of a Certificate of Economic Hardship shall be made to the City Council. The City Council, after reviewing the determination and written findings of the commission, shall affirm the determination or approve the Certificate of Economic Hardship within sixty (60) days from receipt of the appeal.
(Ord. 09-977, 1-5-2009)