(a) Purpose. The purpose of the COA is to provide a procedure by which to review construction, renovation, expansion, and demolition projects within a locally designated historic district or for locally designated historic properties. In an effort to preserve the character of these properties and districts, the City has established reasonable development standards and design guidelines for buildings and structures, and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(b) Applicability.
(1) No person shall make any exterior construction, reconstruction, alteration, or demolition of a structure on any property within a Historic Overlay District unless a COA has been approved by the HRC or ZEO, as applicable, and a zoning permit and building permit, if required, has also been issued.
(2) All applications for a COA that include any of the following work shall be subject to review by the HRC in accordance with Section 1103.05(d):
A. Construction, expansion, or demolition (partial or complete) of all new or existing buildings;
B. Any application that includes a related alternative equivalency review application (See Section 1103.04.); or
C. Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the ZEO.
(3) All other applications for a COA shall be reviewed by the ZEO in accordance with Section 1103.05(c).
(4) The ZEO shall have the authority to forward a COA application to the HRC for review pursuant to Section 1103.05(d) if the ZEO finds:
A. That the proposed use or development could potentially create significant impacts on adjacent property based on the intensity or proximity of the proposed use, construction, alteration, or other modification; or
B. There is difficulty in interpretating the application of a standard or guideline as it pertains to the subject application.
(5) Projects and activities that are exempt from the COA review procedure include:
A. The reconstruction, alteration or demolition of a structure or feature which has been ordered by the Building Official upon certification of an unsafe condition constituting an emergency;
B. Painting or general maintenance of a structure that does not alter exterior architectural features;
C. Site improvements, such as the establishment of a parking lot, landscaping, or other site work, or any changes to components of a property not specifically identified by the code;
D. Changes in occupancy not involving structural or exterior work; and
E. Any interior renovations which will not alter and/or affect the exterior elevations or facade of the building or structure or any architectural features that are visible from the outside.
(c) COA Review Procedure by the ZEO.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section. If the work requires a zoning permit to complete, the COA application shall be filed jointly with the zoning permit application.
(2) Step 2 - ZEO Review and Decision on a COA.
A. The ZEO may distribute the application to other staff members and other City departments to solicit comment on the COA application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the ZEO shall make a decision on the COA application. In making its decision, the ZEO may approve or deny the application. The ZEO shall also have the authority to forward the application to the HRC for review pursuant to Section 1103.05(d).
C. Prior to making a decision, the ZEO shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the ZEO fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the ZEO and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, 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 ZEO.
F. When the ZEO denies an application, the ZEO shall inform the applicant of the reason for the denial, including the regulation(s) or guidelines which would be violated by the proposed use or development.
(d) COA Review Procedure by the HRC. The review procedure for a COA shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the ZEO or the HRC to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f). If the work requires a zoning permit to complete, the COA application shall be filed jointly with the zoning permit application.
(2) Step 2 - Application.
A. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
B. In making application, the ZEO or the HRC may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a COA application is complete, the ZEO shall forward the application to the HRC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the meeting and comments from any City departments or other agencies into a report for the HRC to review as part of Step 4.
(4) Step 4 - Historical Review Commission Review and Decision.
A. The HRC shall review the COA application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. The HRC shall, at a minimum, consider the review criteria of this section.
D. Within thirty (30) days after the COA application is determined to be complete, or an extended timeframe approved by the applicant, the HRC shall hold a public meeting to review the application and make a decision on the application. In making its decision, the HRC may approve, approve with modifications, or deny the application. The HRC shall make every effort to work with the applicant within this time period to develop a proposal that the HRC can approve or approve with modifications.
E. The time period shall be extended to sixty (60) days from a public hearing, if the HRC is required to hold a hearing to undertake an alternative equivalency review (See Section 1103.04.).
F. If a COA is denied, the City shall not issue any permits that would allow modifications for which the COA was denied. In cases where the HRC has denied a COA, the HRC shall state the reasons for such disapproval in writing and transmit the written statement to the applicant together with any recommendation the HRC may have made for appropriate changes.
G. If the HRC fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(e) Determining the Significance of a Structure.
(1) When making decisions or recommendations about changes to structures in the applicable Historic Overlay Districts, the HRC 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 HRC finds are not historically or architecturally significant, the HRC may relax or waive the standards or guidelines that apply to the project.
(3) If the HRC finds that the structure is historically or architecturally significant, the standards and guidelines of this code shall be fully applied as determined by the HRC.
(4) The HRC 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 a locally or nationally designated historic district.
(f) Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the City;
(2) The proposed development incorporates any applicable standards or guidelines (See Section 1106.02(c).), to the maximum extent feasible;
(3) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use approvals, variance approvals, etc.); and
(4) There is no feasible and prudent alternative alteration or change which would conform to the guidelines, and adhering to the guidelines would deny the owner a reasonable rate of return on the real property or amount to a taking of property without just compensation.
(g) Time Limit.
(1) The applicant shall be required to begin construction or the work authorized by the COA within one year of the date that the COA was approved or the approval shall expire. The date of approval shall be the date the ZEO 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 six months may be granted by the ZEO if the applicant can show good cause for a delay.
(4) The HRC may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(h) Appeals.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the ZEO shall have the right to appeal the decision to the HRC where the HRC will review the application as established in Section 1103.05(d).
(2) If the applicant and HRC do not come to any conclusion on an alternative plan, then any person or entity claiming to be injured or aggrieved by any final action of the HRC shall have the right to appeal the decision to the BZA as established in Section 1103.07.
(Ord. 2024-032. Passed 7-22-24.)