(a) Purpose. The purpose of the Certificate of Appropriateness (COA) is to provide a procedure by which to review construction, renovation, reconstruction, expansion, and demolition projects on designated historic structures or within historic districts. 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.
(b) Applicability.
(1) 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 designated historic site or that is within a historic district without an approved COA. Furthermore, no changes in appearance of such property or structure 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 historic site or historic district, without first obtaining an approved COA in accordance with this section.
(2) If the Historic Preservation Administrator and the HAPC Chair determine a proposed municipal infrastructure improvement impacts the historic or architectural environment of a historic district, a COA shall be required.
(3) 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 HAPC.
(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, HVAC or plumbing work on an existing structure;
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, unless otherwise prohibited in (Minimum Maintenance Standards).
(5) There shall be a non-refundable filing fee attached to the application for a COA, payable in advance.
(c) Review Authority.
(1) All applications for a COA shall be subject to review by the HAPC in accordance with Section unless an administrative approval is allowed under the following conditions:
A. Applications where the applicant proposes replacement of an architectural element or feature with a similar feature where there is no change in color, material, or size; or
B. Where the HAPC Chair and Historic Preservation Administrator jointly agree that the proposed modification(s) are minor and comply with all applicable standards and guidelines.
(2) In cases where an administrative approval of the COA is allowed above, the Historic Preservation Administration shall have the authority to forward an application to the HAPC for review if he or she cannot determine if the proposed work is minor enough to allow administrative review under this chapter.
(3) All COAs that are approved administratively shall be placed on the next regular HAPC meeting agenda to ensure that the full HAPC and the public are aware of such administrative approvals.
(d) Procedure for Administrative Decision on a COA.
(1) Step 1 - Application.
A. The applicant shall submit a formal application for COA review, including any applicable fees.
B. An application for a COA shall not be considered until it the application is complete. An application shall be considered when all required and pertinent information has been provided and when all required fees have been paid. A complete application shall consist of:
1. The completed application form;
2. Applicable non-refundable filing fee, payable in advance;
3. Diagrams, site plans, elevations, illustrations, photo simulations, and written descriptions sufficient to describe and visualize the location and proposed modification of the property and structure; and
4. Written descriptions of the proposed modifications that require a COA.
5. The Historic Preservation Administrator may require additional information or materials as necessary.
(2) Step 2 - Historic Preservation Administrator Review and Decision.
A. Within thirty (30) days after the application is determined to be complete, the Historic Preservation Administrator shall make a decision on the application. In making its decision, the Historic Preservation Administrator may approve or deny the application.
B. Prior to making a decision on the application, the Historic Preservation 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 Historic Preservation Administrator.
(e) Procedure of a HAPC Decision of a COA.
(1) Step 1 - Pre-Application Meeting.
A. A pre-application shall be required for all COA applications that involve a demolition request and all applications that involve new construction of principal buildings.
B. A pre-application shall be required for all other applications but for those applications, the meeting may be waived if the Historic Preservation Administrator and HAPC Chair make a preliminary determination that the application appears to be in keeping with the required standards and design guidelines.
C. A pre-application shall not be required for an application for a structure or site that is classified as non-contributing in a historic inventory adopted by the City of Oxford.
D. The pre-application meeting shall be an opportunity for an applicant and the HAPC to discuss a proposal prior to the applicant expending significant considerable amounts of time and money on design, surveying, and engineering.
E. The pre-application may consist of any information the applicant considers useful to the HAPC. The HAPC shall not take any formal action on the application during the pre-application meeting. The applicant shall submit the information to the Historic Preservation Administrator for placement on the agenda for the next regularly scheduled meeting of the HAPC.
F. Any discussions held during the pre-application meeting 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 a formal application for COA review, including any applicable fees. An application for a COA shall not be considered until it the application is complete..
B. After the application is determined to be complete, it shall be placed on the agenda for the next regularly scheduled HAPC meeting (or within forty-five (45) days).
C. The HAPC shall set forth the time and the place of the public meeting and shall give written notice to the applicant of the time, date and place of said meeting, and the HAPC shall give public notice of the same.
(3) Step 3 - HAPC Review.
A. The HAPC shall act upon each application within sixty (60) days of its first HAPC meeting unless consideration has been continued beyond such period by official action, in which case the HAPC shall act within a reasonable time and as soon as is practical.
B. Following approval, approval with modifications, or denial of a COA, the Historic Preservation Administrator shall inform the applicant of the HAPC decision by first class mail within ten (10) days.
C. A denial of the application may be appealed in accordance with this Chapter.
(f) COA Review Criteria.
(1) Decisions on a COA application shall be based on consideration of the following criteria:
A. The proposed development complies with all the requirements of this code and other related codes and ordinances enforced by the City;
B. 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;
C. Any alteration of an existing property shall be compatible with its historic character, as well as with the surrounding district;
D. New construction shall be compatible with the district in which it is located;
E. The application demonstrates compliance with any historic guidelines or policies adopted by the City of Oxford that are applicable to the subject application; and
F. In determining compatibility, the HAPC shall consider the following:
1. The general design, character, and appropriateness to the property of the proposed alteration or new construction;
2. The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
G. The texture, materials, and color and their relation to similar features of other properties in the neighborhood;
H. 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
I. The importance of historic, architectural, or other features to the significance of the property.
(2) In its considerations of whether an application is deserving of an approval, the HAPC 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.
(3) The HAPC 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 HAPC 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 Chapter to limit alteration or repair to any one period of architectural style.
(g) Bond Requirement. Before any building permit for any new principal building is issued a performance bond is required with security equivalent to 100% of the approved cost of leveling the site, filling with soil and sodding or seeding the surface.
(h) Amendment or Modifications after an Approval. Unless otherwise stated in this chapter, 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.
(i) Validity.
(1) The COA shall be valid for a period of one (1) year from the date of approval by the HAPC at which time a building permit must be obtained
(2) All work shall be substantially completed within two (2) years from the date a building permit is issued.
(3) The HAPC may approve an alternative construction schedule for it's COA approval
(4) Failure to comply with any of the above deadlines shall render the COA void and no alternations or construction may take place until a new COA has been approved in accordance with this section.
(j) COA Decisions Related to Other Permits and Approvals.
(1) No permits for zoning, building, or demolition shall be issued without first obtaining a COA.
(2) If a COA is approved, permits relative to the proposed modifications may be issued immediately following normal zoning and building department review procedures.
(3) If a COA is denied, the City shall not issue any permits that would allow modifications for which the COA was denied.
(k) Resubmission of a COA Application.
(1) An application that is denied or approved-with-modifications shall not be resubmitted for one year unless the applicant demonstrates that the new application addresses all of the issues or concerns established in the denial or that the new application is substantively different from the initial application.
(2) The HAPC Chair and Historic Preservation Administrator shall determine if the changes are substantial enough to warrant a new review.
(Ord. 3530. Passed 6-4-19.)