(A) When required.
(1) Landmarks; historic districts. A certificate of appropriateness shall be required before the following actions may be undertaken affecting any landmark or structure within a historic district:
(a) Any construction of a new residential or commercial building on a vacant lot.
(b) Any demolition in whole or in part, requiring a permit from the City, which affects the exterior architectural appearance of a structure.
(c) Any replacement structure constructed in conjunction with approval of a demolition.
(d) Any addition to a structure which is visible, at any time of the year, in whole or in part, from any public right-of-way, publicly owned land or adjacent private property that is not held in common ownership with the subject property.
(e) Any alteration which affects the exterior architectural appearance of a structure.
(B) Applications for certificate of appropriateness.
(1) It shall be unlawful to undertake any of the work specified in § 155.05(A) without first obtaining a certificate of appropriateness from the Planning and Zoning Commission. Applications for a certificate of appropriateness shall be made on a form supplied by and shall be submitted to the Community Development Department.
(2) Application forms shall be available from the Community Development Department. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary for the Planning and Zoning Commission to adequately review the application. Fees may be required with any application filed as approved and periodically updated by the City Council.
(3) The Community Development Department shall not act upon any permit for work specified in § 155.05(A) until the Planning and Zoning Commission has reviewed the application and issued a certificate of appropriateness.
(C) Review by Planning and Zoning Commission.
(1) Application for Planning and Zoning Commission consideration and action. A complete application shall include without limitation the following plans and information:
(a) Application form.
(b) Description of proposed exterior/interior alterations, if any.
(c) Statement of intent.
(d) Legal plat of survey.
(e) Site plan of proposed improvements (if any improvements are proposed).
(f) Grading plan (if any grade change is proposed).
(g) Dimensioned drawings of all new structures or additions showing exterior materials.
(h) All elevations (at least one elevation shall be in color).
(i) Floor plans.
(j) Roof plan.
(k) Cross sections.
(l) Streetscape elevation. (Required for all new houses and major additions visible from the street.)
(m) Concept studies of alternative options.
(n) Landscape plan.
(o) Photographs of the site, existing buildings and interior, if appropriate.
(p) All applicable fees.
(q) Other materials as required by the Director of Community and Economic Development.
(2) In addition to the above materials, the following shall be submitted for all applications for demolition:
(a) A written statement addressing the demolition criteria.
(b) Historic preservation consultants report and assessment.
(c) Structural evaluation from an independent structural engineer.
(d) Site plan of existing and proposed structures and hardscape.
(e) Elevation of existing and proposed elevations.
(3) One or more of the required materials may be waived if the Director of Community and Economic Development determines that the information is not relevant to the project or to the issues that will be considered by the Planning and Zoning Commission. Detailed information on the required materials shall be provided in the application packet available from time-to-time through the Community Development Department.
(4) Public hearing. After receipt of a complete Planning and Zoning Commission application, as determined by the Director of Community and Economic Development, a public hearing shall be set within 60 days thereafter, or at the first regularly scheduled Planning and Zoning Commission meeting that has not been fully subscribed. The time to consider the application may be extended with the consent of the applicant.
(a) Notice of hearing. Not less than ten days before the date of the public hearing, the Director of Community and Economic Development shall post notice of the time and place of the hearing and mail notice of the hearing to the owners of each property within 1,000 feet of the subject property. For purposes of this section, an OWNER of a property shall be either (i) an occupant, (ii) a legal or beneficial owner, or (iii) the person to whom the most recent real estate tax bill has been sent. Failure of any owner of a property to receive notice shall not affect the validity of any action taken with respect to a petition.
(b) Action by Planning and Zoning Commission. At the conclusion of the public hearing, the Planning and Zoning Commission shall vote in public whether to approve, disapprove, or grant conditional approval of the application based upon consideration of the standards set forth in § 155.06. The Planning and Zoning Commission may continue consideration of an application if the Planning and Zoning Commission determines that additional information is required.
(i) Approval by Planning and Zoning Commission. If a majority of the Planning and Zoning Commission vote to approve the application, the certificate of appropriateness shall be issued to the applicant. Upon receipt of the certificate of appropriateness, the applicant may submit an application to the Community Development Department to obtain necessary permits, if any, which permits may not be issued until the time for appeal as set forth in §§ 155.05(D) and 155.05(E) has expired. The certificate of appropriateness shall be valid for a period of one year from the date of issuance by the Planning and Zoning Commission. Certificates of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Planning and Zoning Commission.
(ii) Disapproval by Planning and Zoning Commission. If less than a majority of the Planning and Zoning Commission vote to approve the application, the applicant shall be notified within ten business days following the decision of the Planning and Zoning Commission. The Planning and Zoning Commission shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application for consideration by the Planning and Zoning Commission. At the discretion of the Planning and Zoning Commission, additional application fees may be waived.
(iii) Timing. Delays in the issuance of a certificate of appropriateness or of a notification of denial shall not affect the decision of the Planning and Zoning Commission with respect to any application for a certificate of appropriateness.
(D) Appeal of approvals. Any aggrieved person may appeal to the City Council any decision of the Planning and Zoning Commission granting a certificate of appropriateness. The appeal must be filed with the City Clerk within 14 calendar days after the date of the Planning and Zoning Commission's decision.
(E) Appeal of denials. Following a final decision of the Planning and Zoning Commission denying a certificate of appropriateness, (or approving such certificate upon conditions unacceptable to the applicant), an applicant may, within 14 calendar days of the denial, file with the City Clerk an appeal of such denial to the City Council.
(Ord. 13-22, passed 4-23-13; Am. Ord. 22-24, passed 8-23-22)