(a) Purpose.
(1) The purpose of the certificate of appropriateness (COA) is to provide a procedure by which to review construction, renovation, expansion, and demolition projects on structures located in the Highlands Historic District and the South Main Historic District, Main Street Commercial District, Central Avenue Commercial District, Oakland Conservation District, or a structure that is designated by the City Historic Commission or National Register. In an effort to preserve the character of this area, the City has established reasonable development standards and design guidelines for buildings and structures within the district and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(2) The Development Code Administrator will review certificate of appropriateness applications based on the review criteria outlined in this code as well as the Secretary of the Interior Standards for the Treatment of Historic Properties and the Rehabilitation Bulletin. Applicants are encouraged to use the Secretary of the Interior Standards for the Treatment of Historic Properties and the Rehabilitation Bulletin as a reference for preservation projects.
(b) Applicability.
(1) Historic district.
A. No person owning, renting, or occupying property which as been designated a landmark or which is situated in a designated historic district shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a historic landmark or property within a historic district, nor shall any person make any material change in appearance of such property, its light fixtures, signs, awnings, windows, siding, roof, doors, shutters, sidewalks, fences, walls, retaining walls, steps, paving, or other exterior elements which affect the appearance and cohesiveness of the historic landmark or historic district, without first obtaining a certificate of appropriateness from the Historic Commission or Development Code Administrator, as applicable. No permits for zoning, building or demolition shall be issued without first obtaining a certificate of appropriateness.
B. Site improvements such as the establishment of a parking lot or structure, landscaping, or other site work shall also be subject to this section unless otherwise waived by the Historic Commission.
(2) Conservation district.
A. No person owning, renting, or occupying property that is located within a designated conservation district shall carry out any major exterior alteration such as an addition, new construction, or demolition of a structure that is visible from the public right-of-way without first obtaining a certificate of appropriateness from the City Historic Commission or Development Code Administrator, as applicable. No permits for zoning, building or demolition shall be issued without first obtaining a required certificate of appropriateness.
B. The Development Code Administrator has the authority to review and forward any exterior alterations to the City Historic Commission that they feel do not preserve/enhance the neighborhood conservation district.
(3) Any application to the City for a building permit for any change in the environment or the exterior of a building shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. An application may be filed by the applicant directly with the Commission at the same time that an application for a building permit is filed or in lieu of filing for a building permit if no building permit is required for the proposed change. A building permit shall not be issued until a Certificate of Appropriateness is issued.
(4) Projects and activities that are exempt from the design review process are the following:
A. Ordinary repair and maintenance of a building or structure which does not change or alter the exterior appearance of the building or structure;
B. Changes in occupancy not involving structural or exterior work;
C. Interior electrical wiring, VAC or plumbing work on an existing structure;
D. Work that is related to the replacement of existing materials and architectural elements with the same materials, colors, and designs; and
E. Interior building renovations which will not alter and/or affect the exterior elevations and façade of the building or structure or any architectural features that are visible from the outside, unless otherwise prohibited in § 1212.03.
F. No Certificate of Appropriateness shall be required if immediate action, including demolition, is necessary to remedy conditions imminently dangerous to life, health or property as determined by the Chief Building Official, the Division of Fire, or the Department of Public Health.
(c) Determining the significance of a structure.
(1) When making decisions or recommendations about changes to structures subject to the COA requirement, the Historic Commission shall have the authority to make a determination of the historical or architectural significance of the structure based on this section.
(2) For structures that the Historic Commission finds are not historically or architecturally significant, the Historic Commission may relax or waive the standards or guidelines that apply to the project.
(3) If the Historic Commission finds that the structure is historically or architecturally significant, the standards and guidelines of this code may be fully applied at the discretion of the Historic Commission.
(4) The Historic Commission shall determine whether a structure or site is significant based on the structure's:
A. Value as a reminder of the cultural, historical, or archaeological heritage of the City, State, or nation;
B. Location as a site of a significant local, State, or national event;
C. Identification with a person or persons who significantly contributed to the development of the City, State, or nation;
D. Identification as the work of a master builder, designer, or architect whose individual work has influenced the City, State, or nation;
E. Value as a building that is recognized for the quality of its architecture and that it retains sufficient elements showing such architectural significance;
F. Example of an architectural style or period; and/or
G. Character as a contributing element in the applicable historic district.
(d) Review authority.
(1) All applications for a COA that include any of the following work shall be subject to review by the Historic Commission in accordance with division (f) hereof:
A. Construction, expansion, or demolition (partial or complete) of all new or existing buildings and structures;
B. Any application that includes a related alternative equivalent review application;
C. Exterior fences and walls; or
D. Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the Development Code Administrator.
E. Any removal of architectural details or elements.
(2) Applications where the applicant proposes replacement of an architectural element or feature with the same type, with no change in color, material, or size, may be reviewed by the Development Code Administrator in accordance with division (e) hereof. In all cases, the Development Code Administrator shall have the authority to forward an application to the Historic Commission for review if he or she cannot determine if the proposed work is minor enough to allow administrative review by the Development Code Administrator.
(e) COA review procedure by the Development Code Administrator. The review procedure for a COA subject to review by the Development Code Administrator shall be as follows:
(1) Step 1 - Application. The applicant shall submit a completed application in accordance with § 1226.02 and with the provisions of this section.
(2) Step 2 - Development Code Administrator review and decision.
A. Within 30 calendar days after the application is determined to be complete, the Development Code Administrator shall make a decision on the application. The Development Code Administrator is to determine whether the application is ordinary repair and maintenance or change that requires review by the Historic Commission. In making its decision, the Development Code Administrator may approve or deny the application. The Development Code Administrator shall also have the authority to forward the application to the Historic Commission for a full board review.
B. Prior to making a decision on the application, the Development Code Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. The application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Development Code Administrator through the Development Code Administrator.
(3) Step 3 - Certificate of zoning compliance application.
A. Following the formal approval of the COA application, the Development Code Administrator shall issue a COA.
B. Following issuance of a COA, the applicant may immediately submit an application for a certificate of zoning compliance.
(f) COA review procedure by the Historic Commission.
(1) Step 1 - Application.
A. The applicant shall submit a completed application in accordance with § 1226.02 and with the provisions of this section.
B. Application requirements:
1. A complete detailed description of the proposed alteration, construction, demolition, removal, or other external change to structures or site.
2. A plot plan, legibly drawn and to scale, indicating all existing and proposed structures, drives, walks, signs, and other significant features.
3. A description or sample of materials to be used in the proposed project.
4. Sketches, photographs and other illustrative material relevant to the proposed project.
5. Any additional information as is deemed necessary to review the application by the Commission.
(2) Step 2 - Staff review and staff report.
A. Upon determination that a COA application is complete, the Development Code Administrator shall refer the application to the Historic Commission.
B. Prior to the Historic Commission meeting for the subject application, the Development Code Administrator shall review the application and present a staff report at the meeting when the application is reviewed.
(3) Step 3 - Historic Commission review and decision.
A. The Historic Commission shall review the application during a public meeting. In reviewing the application, the Historic Commission shall at a minimum, consider the staff report from the Development Code Administrator, the applicable standards, and the review criteria of this section.
B. Notification of the public meeting shall be provided in accordance with § 1226.02(h).
C. The Historic Commission may review any related alternative equivalent compliance applications simultaneously with the COA application.
D. Within 45 calendar days after the COA application is determined to be complete or is forwarded to them by the Development Code Administrator, the Historic Commission shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Historic Commission may approve, approve with modifications, table or deny the application. The applicant, or his representative or agent, is encouraged to be present at the meeting at which action on the request is to occur.
E. If the Historic Commission does not make a decision within 60 calendar days of the date the application is determined to be complete, the COA shall be deemed approved unless the applicant authorizes an extension of the deadline. This provision shall not apply if the application is tabled due to lack of information provided by the applicant, or due to the applicant requesting that the application remain tabled.
(4) Step 4 - Certificate of zoning compliance application.
A. Following the formal approval of the COA application, the Development Code Administrator shall issue a COA.
B. Following issuance of a COA, the applicant may immediately submit an application for a certificate of zoning compliance.
(g) COA design review criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(11) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the City;
(12) Properties which contribute to the character of the historic district shall be retained, with their historic architectural features intact and altered as little as possible;
(13) Any alteration of an existing property shall be compatible with its historic character, as well as with the surrounding district;
(14) New construction shall be compatible with the district in which it is located;
(15) The application demonstrates compliance with any historic guidelines or policies adopted by the Historic Commission that are applicable to the subject application;
(16) In determining compatibility the Historic Commission shall consider the following:
A. The general design, character, and appropriateness to the property of the proposed alteration or new construction;
B. The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
C. The texture, materials, and color and their relation to similar features of other properties in the neighborhood;
D. The visual compatibility with surrounding properties, including proportion of the properties façade, roof shape, and the rhythm of spacing of properties on streets, including setback; and
E. The importance of historic, architectural, or other features to the significance of the property.
F. Traditional building materials such as wood, brick, metal, or stone shall be used for construction, reconstruction, exterior alteration, or other exterior structure or site element change. Modern man-made materials may be utilized at the discretion of the Commission if the proposed project keeps in character with the existing building, site, area structures, and any applicable design guidelines.
G. For new construction and additions, the structure's width, height, surrounding setbacks and style shall be considered in relationship to adjacent structures. This relationship between structures shall allow for consistency of style, size and density in each given neighborhood area.
H. Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water features, seating areas, arcades, awnings or canopies.
I. Signage shall be proportionally scaled and appropriately designed to coalesce with the subject building, site and area.
(17) The proposed development is in compliance with the applicable base zoning district and any applicable overlay districts; and
(18) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., PD approvals, conditional use approvals, variance approvals, etc.).
(h) Time limit.
(1) The applicant shall submit a completed application for a certificate of zoning compliance within one year of the date the COA was approved or the approval shall expire. The date of approval shall be the date the Development Code Administrator issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(3) Upon written request, one extension of one year may be granted by the Development Code Administrator if the applicant can show good cause for a delay.
(4) The Historic Commission may authorize alternative time limits for certificate of zoning compliance issuance based on the scale of the proposed development.
(i) Appeals.
(1) Any person directly affected by a decision of the Historic Preservation Administrator or the Historic Commission, shall have the right to appeal to the Planning Commission, provided that a written application for appeal is filed within 20 calendar days after the decision, notice or order was serviced. An application for appeal shall be based on a claim that; 1) the true intent of the applicable code section or the rules legally adopted thereunder have been incorrectly interpreted, 2) the provisions of this code do not fully apply, or 3) the requirements of this code are adequately satisfied by other means. No building permit or other permit required for the activity applied for shall be issued during the 20-day period or while an appeal is pending.
(2) The Planning Commission shall consider an appeal within 30 calendar days of receipt and shall utilize the written findings of the Historic Preservation Administrator or the Historic Commission in rendering their decision. A majority vote of the Planning Commission shall be required to overturn a decision of the Historic Preservation Administrator or the Historic Commission.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018; Am. Ord. O2019-104, passed 1-7-2020; Am. Ord. O2020-47, passed 10-6-2020)