(a) Before any exterior change in design, texture or material, or to exterior features, including construction, reconstruction, alteration and demolition of any Listed Property or of a property located within a Historic District, can be undertaken, an applicant shall first apply for and secure a Certificate of Appropriateness from the Historic Landmarks Commission. The application for such Certificate shall be submitted to the Chair of the Commission, together with such plans, specifications and other material as the Commission may from time to time prescribe.
(b) The Commission shall review the application for a Certificate of Appropriateness at its next regularly scheduled meeting, provided the application is filed at least two (2) weeks prior to such meeting. If the Commission determines that there will be no change in exterior design, texture, material or exterior architectural features, it shall cause the Chair to endorse a Certificate of Appropriateness and return the plans and specifications to the applicant.
(c) If the Commission finds that there will be a change in exterior design, texture or material, or to the exterior architectural features, the Commission shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this Chapter, the Historic District or the Listed Property. In making such determination, the Commission shall refer to the Secretary of the Interior’s “Standards for Rehabilitation,” and to any other written design guidelines adopted by the Commission. In the case of archeological properties, the Commission shall refer to the Advisory Council on Historic Preservation’s “Treatment or Archeological Properties: A Handbook”. Cost estimates shall be presented by the applicant, and these costs shall be considered by the Commission in making a decision. It is the Commission’s responsibility to take into consideration the feasibility of the alternatives or choices in each situation. The Commission’s consideration of cost estimates shall include situations when the restoration of original features of the building is one (1) of the alternatives or choices.
(d) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect on the Historic District or Listed Property, and does not violate the spirit and purpose of these preservation regulations, then the Commission Secretary shall issue the Certificate of Appropriateness.
(e) If the Commission finds that such proposed construction, reconstruction, alteration, demolition or change in design, texture, material or exterior architectural feature will have an adverse effect on the Historic District or Listed Property, and does violate the spirit and purpose of these preservation regulations, then the Commission shall deny issuance of the Certificate of Appropriateness.
(f) If the Commission determines that a Certificate of Appropriateness should not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations regarding the proposed construction, reconstruction, alteration, demolition, or change in design, texture, material or exterior architectural feature. The Secretary of the Commission shall notify the applicant of such determination and transmit to him or her a certified copy of the reasons for denial and recommendations, if any, of the Commission.
(g) Certificate of Appropriateness: A Certificate of Appropriateness shall then be in effect for one (1) year from the date of issuance. If the approved improvements have not been started within one (1) year, the Certificate of Appropriateness shall expire. If the improvements have been started within one (1) year from the date of issuance of a Certificate of Appropriateness, the Certificate shall be in effect for a total of two (2) years from the date of issuance. All such improvements must be completed prior to the expiration of the new Certificate of Appropriateness. If the Certificate of Appropriateness expires, a new Certificate of Appropriateness shall be required for these improvements as prescribed in Section 1245.54.
(Ord. 25-2006. Passed 3-7-06.)