(A) A certificate of appropriateness from the Board shall be required before a person may undertake the following actions affecting a landmark or a property in a historic district:
(1) Alteration of the exterior part of a designated historic property that is visible to the public and may be seen by a person located on a public street;
(2) New construction;
(3) Demolition; or
(4) Relocation.
(B) The Building Inspector shall forward to the Board every application for a permit that would authorize an exterior alteration visible to the public, or any new construction, demolition or relocation affecting a landmark or a property in a historic district. When a person wishes to undertake an exterior alteration visible to the public affecting a landmark, or a property in a historic district that does not require a building permit, that person shall apply directly to the Board. The applicant shall provide the Board, where applicable, with drawings of the proposed work, photographs of the existing building and adjacent properties, and information about the building materials to be used.
(C) The Board shall hold a public hearing on each certificate of appropriateness within thirty (30) days after a completed application is received by the Board. The Board shall make a decision on the application within forty five (45) days after the receipt of a completed application provided that the Board may extend the time for decision for an additional sixty (60) days when the application is for demolition or new construction. The Board shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and its guidelines. The Board may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Board fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Board’s decision. Advertised notice of the hearing shall be given, including conspicuous posting on the property.
(D) (1) In making a decision on an application, the Board shall use the general guidelines and the guidelines it has adopted for that landmark or historic district. The Board shall consider:
(a) The effect of the proposed work on the landmark or the property upon which such work is to be done;
(b) The relationship between such work and other property in the historic district.
(2) In evaluating the effect and the relationship, the Board shall consider historical and architectural significance, architectural style, design, arrangement, texture, materials and color. The certificate from the Board shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(E) In making a decision on an application, the Board shall be aware of the importance of finding a way to meet the current needs of the applicant. The Board shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Board for its comments. The Board shall not regulate the color of paint used on designated historic properties, but it may prepare and distribute material on paint colors appropriate for different types and styles of buildings. The Board shall strongly consider the cost in the community of obtaining the requirements set forth by the Board in regard to the plans of the applicant as compared with the cost of conventional construction.
(F) When an applicant wishes to demolish a landmark or a building or structure in a historic district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board may ask interested individuals and organizations for assistance in seeking alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public hearing, the Board may decide that a building or structure may be demolished because it does not contribute to the historic district or the landmark. On all other demolition applications, the Board 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. In the case of an income-producing building, the Board shall also determine whether the applicant can obtain a reasonable return from his existing building. The Board may ask applicants for additional information to be used in making these determinations. If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition application unless the Board finds grounds to grant the demolition application under the points contained in division (D) of this section.
(G) (1) When an applicant wishes to move a landmark or a building or structure in a historic district or wishes to move a building or structure to a landmark or to a property in a historic district, the Board shall consider:
(a) The contribution the building or structure makes to its present setting;
(b) Whether there are definite plans for the site to be vacated;
(c) Whether the building or structure can be moved without significant damage to its physical integrity; and
(d) The compatibility of the building or structure to its proposed site and adjacent properties.
(2) These considerations shall be in addition to the points contained in division (D) of this section.
(H) In the event work is being performed without the required certificate of appropriateness, the Board shall ask that a stop work order be issued. In the event work is being performed that is not in accordance with the certificate approving the proposed work, the Board shall ask that a stop work order be issued. All work shall cease on the designated historic property, and no additional work shall be undertaken as long as the stop work order shall continue in effect. The city can apply in Circuit Court for an injunction to enforce its stop work order.
(I) The applicant shall have the right to appeal to the Circuit Court from a decision of the Board on an application for a certificate of appropriateness.
(J) A certificate of appropriateness shall remain valid for one year after it is issued. Work is required to start before the end of the one-year period. If actual work has not commenced within one year, the certificate is invalid. Actual work is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition is required preparatory to rebuilding, such excavation or demolition shall be deemed to be actual work provided that it shall be carried out diligently.
(Ord. 0-90-028, passed 8-27-90; Am. Ord. O-2021-10, passed 4-26-21)
Penalty, see § 157.99