(A) Required. A certificate of appropriateness or a certificate of hardship issued by the Historic Preservation Commission shall be required before a building permit or demolition permit is issued for any designated historic Landmark or for any building, structure, site or part thereof in a designated Historic District. A certificate of appropriateness or a certificate of hardship is also required if any designated historic Landmark or any building, structure, site, or part thereof in a designated Historic District is to be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of the building, structure, or site. Such major changes include but are not limited to the following:
(1) Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation, repair, deterioration, or lack of repair of, in, or to the exterior features of the building, structure, site, or part thereof,
(2) Moving a building;
(3) Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature of any designated historic Landmark or any building, structure, site, or part thereof in a designated Historic District; and/or
(4) (a) In the case of partial or complete destruction of a building or structure within a Historic District, the owner will be required to obtain a certificate of appropriateness or certificate of hardship from the Commission prior to reconstruction. Although exact duplication of the previous building or structure may not be required, the exterior design thereof shall be in harmony with the exterior design of the building or structure prior to its destruction, and with the character of the Historic District.
(b) In the case of partial destruction of a building or structure which has been designated a historic Landmark, the owner will be required to obtain a certificate of appropriateness or certificate of hardship from the Commission prior to reconstruction. Although exact duplication of the previous building or structure may not be required, the exterior design thereof shall be in harmony with the exterior design of the building or structure prior to its partial destruction. In the case of complete destruction of a building or structures which have been designated a historic Landmark, the owner may reconstruct the building or structure in conformity with its design and architecture before its destruction, in which case a certificate of appropriateness or certificate of hardship is required, or the owner may, in his or her discretion, reconstruct the building or structure in a completely different way, in which event it will forfeit its historic Landmark designation.
(B) Application requirements. Every application for a building or demolition permit, including plans or specifications submitted therewith, shall be forwarded to the Historic Preservation Commission no more than 15 days after the same is filed with the city.
(1) An application for a certificate of appropriateness shall include:
(a) The street address of the property involved;
(b) The legal description of the property involved;
(c) A brief description of the construction, alteration, demolition, or use proposed, together with any architectural drawings, plans, or sketches, if available, and if not available, a detailed description of the construction, alteration, demolition and/or use sufficient to enable a reasonable person to determine what the final appearance and use of the structure or building will be;
(d) The names of all owners and occupants/tenants of the real estate involved;
(e) The developer’s name and address, if any;
(f) The architect’s name and address, if any; and
(g) The names and addresses of all adjacent property owners and occupants/tenants.
(2) An application for a certificate of hardship shall include all of the information necessary for a certificate of appropriateness, as well as a detailed statement explaining how a failure to grant the same will cause serious threat to life, health, or property or will cause a serious economic hardship to the owner(s) of the property involved not foreseen or intended by this subchapter.
(C) Criteria for certificates of appropriateness. The criteria to be considered by the Commission in approving or disapproving a certificate of appropriateness shall include the following, as well as any other criteria deemed relevant by the Commission:
(1) A reasonable effort should be made to provide a compatible use for buildings which will require minimum alteration to the building structure or site and its environment, or to use a property for its originally intended purpose;
(2) The compatibility of the proposed additions or new construction to the original architecture of the historic Landmark or styles and appearance of buildings, structures, or sites within a Historic District shall be evaluated against the following guidelines:
(a) The height of the proposed structure, addition, or alteration in relation to surrounding structures;
(b) The relationship between the width of the building to the height of the front elevation with surrounding structures;
(c) The relationship of the building mass to the open spaces between it and adjoining buildings or structures;
(d) The directional expression of a building or structure, i.e., the vertical or horizontal positioning of it;
(e) The shape of the roof;
(f) Architectural details, general design, materials, textures, and colors;
(g) Landscaping and appurtenances including, without limitation, signs, fences, accessory structures, and pavings; and
(h) The scale of the structure after alteration, construction, or partial demolition in relation to the scale of other structures in a Historic District.
(3) The historic character of a building or structure should be retained and preserved. The removal of historic materials or the alteration of features and spaces that characterize the building or structure should be avoided;
(4) Deteriorated historic features should be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature shall be substantiated by documentary, physical, or pictorial evidence;
(5) All buildings are products of the time in which they were built. Alterations intended to create an appearance inconsistent with the actual character of the building are discouraged;
(6) Changes to buildings and environments which have taken place in the course of time may distinguish the history of the building and/or the neighborhood. These changes should be recognized and respected;
(7) New additions or alterations to buildings should be done, whenever reasonably possible, in such a manner that if they were subsequently removed, the essential form and integrity of the building would be preserved;
(8) Designs and architectural styles in a Historic District not necessarily consistent with other buildings or structures in the District should not be discouraged if the designs or styles are compatible with the size, scale, color, materials, or its environs;
(9) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site should be treated with sensitivity;
(10) The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other similar cleaning methods that will damage or deface the building materials are discouraged; and
(11) Every reasonable effort should be made to protect and preserve archeological resources affected by or adjacent to any project.
(D) Hearings on applications for certificates of appropriateness and certificates of hardship.
(1) Applications for certificates of appropriateness and certificates of hardship shall be filed with the Secretary of the Commission, who shall promptly schedule them for a public hearing before the Commission within 60 days thereof. Notice of the date, time, place, and purpose of the public hearing shall be sent by United States mail to the owner(s) and occupants/tenants of the property involved, as well as to all adjacent property owners listed in the application. This written notice shall be sent by the Secretary of the Commission not less than 15 days but not more than 30 days before the date of the public hearing. A public notice shall also be published in a secular newspaper of general circulation within the city at least 15 days before the public hearing. All the notices shall state the location of the property involved and a statement summarizing the relief requested. At the public hearing, the Commission shall hear the testimony and comments of all persons in favor of and opposed to the application. The Chairperson is directed and authorized to administer oaths to all such persons. The members of the Commission may examine all persons speaking in favor of or against the application. A detailed summary of the testimony, comments, and statements of all persons addressing the Commission shall be kept and maintained as part of the minutes of that meeting. The Commission may, in its discretion, tape record the testimony, statements and comments of all persons addressing the Commission. The Commission shall review and evaluate the application in accordance with the criteria established in this subchapter. If the Commission determines that an application merits further consideration or additional testimony, it may defer its decision until its next regularly scheduled meeting.
(2) The Commission shall make a decision to approve or disallow the application for a certificate of appropriateness or for a certificate of hardship within 45 days after the conclusion of the public hearing. A simple majority of the Commission is necessary for approval of the application for certificate of appropriateness or for a certificate of hardship. This approval shall be in the form of a resolution adopted by a majority of the members of the Commission. The Secretary of the Commission shall notify the applicant(s) of the Commission’s decision. In addition, the Secretary shall also send notice of the decision to the City Planning Commission, the City Building Inspector, and the City Clerk. The Chairperson of the Commission is authorized to sign, on behalf of the Commission, all certificates of appropriateness and certificates of hardship.
(3) A certificate of appropriateness shall be deemed to be invalid if changes in the plans submitted to the Commission are made by the owner, developer or architect or if the building or demolition permit issued for that project becomes invalid. The certificate of appropriateness and certificate of hardship shall remain valid for the same period of time as the building or demolition permit.