(A) Purpose. Newport's local historic districts, special design areas, local landmarks, and local landmark sites are a visible reminder of the history, architecture, and cultural heritage of the city, state, and nation. In an effort to preserve the character of these areas, buildings, and sites, the city has established reasonable development standards and design guidelines for buildings and structures within historic districts or for landmarks and landmark sites outside of a historic district. The purpose of the COA is to provide a method of review for the construction, expansion, alteration, demolition, or other modification of the buildings and structures in local historic districts and design review overlay districts or for local landmarks and local landmark sites outside of historic districts.
(B) Applicability.
(1) Unless specifically exempted by this code of ordinances, no person shall carry out any exterior alteration, addition, restoration, reconstruction, demolition, removal of exterior architectural elements, construction that alters the architectural style of existing structures, new construction, or moving of a site, structure, or building that is a locally designated landmark or landmark site, or that is within a locally designated historic district, without an approved COA. Furthermore, no changes in appearance of such property or structure shall be made, including, but not limited to, its light fixtures, signs, awnings, windows, siding, roof, doors, shutters, sidewalks, latticework, decorative trim, fences, walls, retaining walls, steps, soffits, paving, or other exterior elements which affect the appearance and cohesiveness of the local historic district, design review overlay district, local landmark, or local landmark site without first obtaining an approved COA in accordance with this section.
(2) 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 HPO.
(3) Projects and activities that are exempt from the COA 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, HVAC or plumbing work on an existing structure; and
(d) Interior building renovations which will not alter and/or affect the exterior elevations and facade of the building or structure or any architectural features that are visible from the outside.
(C) COA review authority.
(1) All applications for a COA that include any of the following work shall be subject to review by the Commission in accordance with § 32.076(G):
(a) Construction, expansion of floor area, moving, or demolition (partial or complete) of all new or existing buildings and structures; or
(b) Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the HPO.
(2) All other applications for a COA shall be reviewed by the HPO in accordance with § 32.076(F).
(3) The HPO shall have the authority to forward a COA application to the Commission for review pursuant to § 32.076(G) if the HPO finds:
(a) That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use, construction, alteration, or other modification; or
(b) There is difficulty in interpreting the application of a standard, guidelines, or other regulation as it pertains to the subject application.
(D) Determining the significance of a structure and related applicability.
(1) When making decisions or recommendations about changes to structures subject to the COA requirement, the HPO or Commission, as applicable, shall have the authority to make a determination of the historical or architectural significance of the structure based on this section.
(2) In cases where there is an adopted historic inventory, the HPO or Commission, as applicable, shall utilize the information in the historic inventory to make a determination of the significance (historic, non-historic contributing, historic noncontributing, and noncontributing).
(3) Where a historic inventory has not been adopted, the HPO or Commission, as applicable, shall determine whether a structure or site is historic, non-historic contributing, historic, noncontributing, and non-contributing based on the structure's or site'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.
(4) For structures that the HPO or Commission, as applicable, finds are not historic noncontributing or non-contributing, the HPO or Commission, as applicable, may relax or waive the standards or guidelines that apply to the project.
(5) If the HPO or Commission, as applicable, finds that the structure is historically or non-historic contributing, the standards and guidelines of this code may be fully applied at the discretion of the HPO or Commission, as applicable.
(E) Initiation.
(1) The Planning and Development Department shall forward every application for a permit that would authorize an exterior alteration visible to the public, new construction, demolition or relocation affecting a local landmark, a local landmark site or a property in a local historic district to the HPO. The HPO shall give the applicant a form requesting additional information regarding the application.
(2) When a person wishes to undertake an exterior alteration, visible to the public, affecting a landmark, a landmark site or a property in a historic district which does not require a building permit, that person shall apply directly to the HPO for a COA.
(3) An application for a COA may be initiated by the property owner or other person with authority to file an application as authorized by the property owner.
(F) COA review procedure by the HPO. The review procedure for a COA subject to review by the HPO shall be as follows:
(1) Step 1 - application. The applicant shall submit an application in accordance with the provisions of this subchapter on the Historic Preservation Commission.
(2) Step 2 - HPO review and decision.
(a) The HPO may distribute the application to other staff members and other city departments to solicit comment on the proposed COA application.
(b) Within 30 days after the application is determined to be complete, the HPO shall make a decision on the application. In making its decision, the HPO may approve or deny the application. The HPO shall also have the authority to forward the application to the Commission for review pursuant § 32.076(G).
(c) Prior to finalizing approval of the application, the HPO 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 HPO.
(3) Step 3 - zoning permit application.
(a) Following the formal approval of the COA application, the HPO shall issue a COA.
(b) Following issuance of a COA, the applicant may immediately submit an application for a zoning permit. The applicant may also request simultaneous application review of the COA and zoning permit. In no case shall there be a decision on a zoning permit where a COA is required unless an approval of a COA has been granted prior to the final decision on the zoning permit.
(G) COA review procedure by the Commission. The following procedure shall apply to any application subject to review by the Commission or any application the HPO determines should be reviewed by the full Commission.
(1) Step 1 - pre-application conference (optional).
(a) Prior to filing an application, an applicant may request a meeting with the HPO or city staff for a pre-application conference to discuss the subject application.
(b) An applicant may also request to meet with the Commission during a scheduled work session to discuss the proposed application and development. Such request shall be submitted to the HPO in writing at least 14 days in advance of the Commission's next meeting.
(c) The applicant shall supply preliminary information to the HPO. The applicant shall submit such information according to the established deadlines of the Commission's next meeting.
(d) The purpose of the pre-application conference shall be to review the draft site plan with the HPO and other staff members, as appropriate, and to identify any initial conflicts between the application, this code, and any applicable design guidelines.
(e) No action can be taken by the HPO or Commission until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City. Therefore, all discussions that occur between the applicant and HPO and/or Commission prior to the date applicant submits an actual application and/or plan, including, but not limited to, any informal meetings with the HPO, are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
(2) Step 2 - application.
(a) The applicant shall submit an application in accordance with the provisions of this subchapter on the Historic Preservation Commission.
(b) In making application, the HPO or Commission may request that the applicant provide exhibits, plans, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(3) Step 3 - HPO review.
(a) Upon determination that a COA application is complete, the HPO shall refer the application to the Commission.
(b) Prior to the Commission meeting for the subject application, the HPO shall review the application and may prepare a staff report.
(4) Step 4 - Commission review and decision.
(a) The Commission shall review the application during a scheduled public meeting within 45 days after the completed application is received by the HPO, unless extenuating circumstances exist or upon the agreement of the applicant and the HPO or the Commission. In reviewing the application, the Commission shall at a minimum, consider the staff report from the HPO, if submitted, the applicable design guidelines, and the review criteria of this subchapter.
(b) Within 60 days after the completed application is received by the HPO, the Commission shall make a decision; however, the Commission may extend the time for decision an additional 60 days, when the application is for demolition or new construction. In making its decision, the Commission may approve, approve with modifications, or deny the application.
(c) If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved.
(d) If the Commission approves the COA with some modification, the COA application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, plans, and documents to the HPO that will illustrate the development as approved by the Commission including any approved changes or modifications.
(e) If the application is denied, the Commission shall give its reasons for the denial using the criteria used in this subchapter.
(f) In making its decision, the Commission may prepare a list of routine alterations, which shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Commission. The list shall include suggested paint colors appropriate for different types of buildings.
(5) Step 5 - zoning permit application.
(a) Following the formal approval of the COA application, the HPO shall issue a COA.
(b) Following issuance of a COA, the applicant may immediately submit an application for a zoning permit. The applicant may also request simultaneous application review of the COA and zoning permit. In no case shall there be a decision on a zoning permit where a COA is required unless an approval of a COA has been granted prior to the final decision on the zoning permit.
(H) COA review criteria.
(1) General Review Criteria for all COA Applications Decisions on a COA application shall be based on consideration of the following general review criteria:
(a) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the city;
(b) The proposed development is in compliance with the applicable base zoning district and any applicable overlay districts;
(c) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use approvals, variance approvals, etc.);
(d) The proposed development complies with the applicable design guidelines;
(e) In its considerations of whether an application is deserving of an approval, the HPO or Commission, as applicable, may also consider the cost of modifications or other proposals, where costs for a particular action or inaction may be unreasonable given existing conditions of a structure, site, or area;
(f) The HPO or Commission, as applicable, shall encourage alterations and repairs to historic structures and to structures in historic districts in the spirit of their existing architectural style; however, additions in styles different than the existing structure may be approved if such additions complement the existing architectural style. The HPO or Commission, as applicable, shall be flexible in its judgment of plans for alteration, repair, or demolition of structures, sites, and areas of little historic or cultural value except where such alteration, repair, or demolition would seriously impair the historic value and character of surrounding structures or of the surrounding area. It is not the intent of this subchapter to limit alteration or repair to any one period of architectural style;
(g) In making a decision on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out.
(2) Additional review criteria for the moving of historic structures.
(a) The Commission may authorize the moving of a historic structure or structure in a historic district through a COA application.
(b) The Commission may approve a COA for the moving of a structure within the same historic district if the move will enhance the character of the overall district or not substantially alter the district.
(c) In general, the Commission shall consider the following criteria for the moving of historic structures:
1. The contribution the building or structure makes to its present setting;
2. Whether there are definite plans for the site to be vacated;
3. Whether the building or structure can be moved without significant damage to its physical integrity;
4. The compatibility of the building or structure to its proposed site and adjacent properties; and
5. These considerations shall be in addition to the points contained in § 32.076(H)(1), above.
(d) The Commission may approve a COA for the moving of a structure to a property outside of the historic district provided that:
1. There is a determination that the structure is noncontributing in an adopted historic inventory; or
2. That while the structure is historic, that the reuse of the property where the structure was located will enhance the character and quality of the historic district as compared to the structure that is proposed to be moved.
(3) Additional requirements and review criteria for demolition.
(a) An application for the demolition of a building shall require a COA and follow the procedures and requirements of § 32.076(G).
(b) Any application for demolition shall include a plan for the reuse of the property that illustrates the mitigation of any adverse effects of the proposed removal upon the property, the streetscape, or the applicable historic district. Such plan shall demonstrate reuse through new construction, exterior rehabilitation, or restoration. Additionally, such plan shall demonstrate that the plan is consistent with this subchapter and any applicable guidelines; contributes to the historic character of the district, or, in the case of a landmark or landmark site, reflects the architectural character of the demolished structure; complies with the applicable design guidelines; and which contributes to the architectural or historic integrity of the applicable historic district; and
(c) Where an application includes a plan for the reuse of the property through new construction, the application shall include a schedule for construction that will result in the completion of new construction within 24 months from the date the COA is issued. Completion dates that extend beyond 24 months may be granted at the discretion of the Commission.
(d) Demolition approval criteria: The Commission may approve a COA for demolition only if one of the following is satisfied:
1. The applicant has given clear evidence that the structure has incurred extensive damage to its basic structural elements such as roof, wall, and foundation requiring substantial reconstruction, and the structure presents an immediate danger to the public health, safety, or welfare as declared by the Planning and Development Director (condemnation), or their designee, but that such damage was not done through neglect of the property by the owner or former owners; or
2. The demolition is proposed for a structure that is identified by the Commission as not contributing to the landmark site or the historic district; or
3. The applicant can demonstrate an undue economic hardship during the hearing with evidence describing the circumstances of hardship. The minimum evidence shall include for all property:
a. The nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;
b. Financial resources of the owner and/or parties in interest;
c. Cost of repairs;
d. Assessed value of the land and improvements;
e. Real estate taxes for the previous two years;
f. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;
g. Annual debt service, if an):, for previous two years;
h. Any listing of the property: for sale or rent; price asked, and offers received, if any;
i. Annual gross income from the property for the previous two years, for income-producing property;
j. Itemized operating and maintenance expenses for the previous 2 years, including proof that adequate and competent management procedures were followed, for income- producing property; and
k. Annual cash flow, if any, for the previous 2 years, for income-producing property.
(e) Demolition approval considerations.
1. For decisions related to economic hardship, the Commission shall cause to be made a finding of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the Commission shall cause to be issued an order for such property to be repaired within the time specified.
2. In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, relaxation of the provisions of the historic preservation guidelines sufficient to mitigate the undue economic hardship. The Commission shall report such finding and plan to the HPO. The Commission shall cause to be issued an order for such property to be repaired within the time specified, and according to the provisions of the recommended plan.
3. When an applicant wishes to demolish a landmark, a building or structure on a landmark site, or a building or structure in a historic district, the Commission shall see if an alternative to demolition can be found. The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. Neglect to a structure which causes deteriorations shall not be considered as a factor to permit demolition of the structure.
4. On all other demolition applications, the Commission shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the historic district can be put to reasonable beneficial use, without the approval of the demolition application.
5. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from their existing building.
6. The Commission may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in other parts of this subchapter. If economic hardship or the lack of a reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds grounds to grant the demolition application under the points contained in this subchapter.
(f) Demolition by neglect prohibited. The Commission shall not issue a COA for demolition when the Commission determines:
1. That the condition of the structure is attributable to demolition by neglect defined as a situation in which property owners, or others having legal possession, custody, or control of a property, allowed the condition of the property to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure.
2. Conditions of neglect include, but are not limited to, the following:
a. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling;
b. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling;
c. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling;
d. Deterioration or crumbling of exterior plasters or mortars;
e. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
f. Defective protection or lack of weather protection for exterior wall and roof covering, including lack of paint, or weathering due to lack of paint or other protective covering;
g. Rotting, holes, and other forms of decay;
h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;
i. Heaving, subsidence, or cracking of sidewalks, steps, or pathways;
j. Deterioration of fences, gates, and accessory structures;
k. Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the Historic Landmark; and
l. Deterioration that contributes to a hazardous or unsafe condition.
3. In order to help determine neglect of a property, the Commission may obtain and review documentation of any warnings or citations of property maintenance violations filed on the property.
(g) Access to structure by the Planning and Development Director. The property owners, or others having legal possession of the property, shall provide the Planning and Development Director, or their designee, access to the property in order to assist in the determination of the condition of the structure as part of any application for a COA related to demolition.
(I) Time limit.
(1) The applicant shall submit a completed application for a zoning permit within one year of the date the COA was approved or the approval shall expire. The date of approval shall be the date the HPO issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required.
(3) Upon written request, one extension of one year may be granted by the HPO if the applicant can show good cause for a delay.
(4) The Commission may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(J) Amendments of a COA after approval.
(1) Unless otherwise stated in this subchapter, any request for an amendment or modification to the approved plans or conditions shall be done in accordance with the procedures and standards established for its original approval.
(2) The HPO shall have the authority to review and make a decision on any amendment of a COA approval if they find that the amendment is minor or technical in nature and will not have a substantive impact on the approved work.
(K) Effect of a COA approval. The issuance of a COA shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(L) Stop-work orders. In the event any work has been performed without the required COA, at the request of the RPO, the Planning and Development Department shall issue a stop-work order. In the event any work has been performed which is not in accordance with the certificate, the Planning and Development Department shall issue a stop-work order and may cite violators to District Court. All work shall cease on the designated property. No additional work shall be undertaken as long as the stop-work order shall continue in effect. The City may apply in Circuit Court for an injunction to require restoration and/or to enforce its stop-work order and the cost of such proceeding shall be borne by the property owner if the City is successful in its application for an injunction.
(Ord. O-2023-016, passed 9-25-2023)