A. Purpose
The purpose of this section is to provide for the review of development on properties listed on the Local Register of Historic Places to ensure compliance with the historic preservation standards of this Code and approved design guidelines, and otherwise protect the historic and architectural integrity of historic structures, sites, and districts on the Local Register of Historic Places.
B. Applicability
1. General
A Certificate of Appropriateness approved in accordance with this section is required before issuance of a Zoning Compliance Permit for any of the following activities, when proposed on a property listed on the Local Register of Historic Places:
a. New construction of a principal or accessory building or structure;
b. Material alteration in the exterior appearance of an existing building, structure, significant landscape feature, or object;
c. Demolition of a building, structure, significant landscape feature, or object;
d. The moving or relocation of a building, structure, significant landscape feature, or object;
e. The disturbance of an archaeological site; and
f. Division of a parcel of land into two or more lots.
2. Minor Certificate of Appropriateness
A Minor Certificate of Appropriateness approved in accordance with Section 155.2409.D, Minor Certificate of Appropriateness Procedure, is required for the following minor activities, when proposed on a property listed on the Local Register of Historic Places, provided the application is not accompanied by a claim of undue economic hardship to the landowner (in which case the application shall be one for a Major Certificate of Appropriateness):
a. Minor changes to a structure that do not involve a change in its exterior color;
b. Minor changes to signage, lighting, or landscaping; and
c. Minor excavation, fill, or other alteration of land.
3. Major Certificate of Appropriateness
A Major Certificate of Appropriateness approved in accordance with Section 155.2409.C, Major Certificate of Appropriateness Procedure, is required for development not requiring a Minor Certificate of Appropriateness under subsection 2 above.
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that the applicant may include in the application a written claim, with supporting information, that compliance with the standards for approval of a Certificate of Appropriateness would result in undue economic hardship for the landowner.
4. Step 4: Staff Review and Action
Applicable (See Section 155.2304.). The Development Services Director reviews, prepares a staff report, and makes a recommendation on the application.
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Not Applicable.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the HPC, following a quasi-judicial public hearing (See Section 155.2307.). The following additional procedures shall apply:
a. Delayed Demolition
The HPC may approve an application for a Major Certificate of Appropriateness that proposes the demolition of a building, structure, significant landscape feature, or object subject to the condition that the demolition be delayed until after a specified date, which shall be based on the historic significance of the building, structure, landscape feature, or object and the probable time needed to arrange a possible alternative to demolition. The HPC shall use this delay period to work with the landowner to explore and pursue steps necessary to preserve the building, structure, landscape feature, or object.
b. Economic Hardship Determination
Where an application for a Major Certificate of Appropriateness includes the applicant's written claim that compliance with the standards for approval would result in undue economic hardship for the landowner, the HPC shall review the claim and supporting information before deciding the application. If the Committee finds that compliance with the standards for approval would result in undue economic hardship for the landowner, it may not deny the application.
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not Applicable.
6. Step 6: Advisory Body Review and Recommendation
Not Applicable.
7. Step 7: Decision-Making Body Review and Decision
Not Applicable.
E. Certificate of Appropriateness Review Standards
1. General
An application for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness shall be approved only on a finding that there is competent substantial evidence in the record that the proposed development:
a. Is consistent with the comprehensive plan;
b. Complies with any design guidelines approved for all historic structures, sites, and districts listed on the Local Register of Historic Places, or for the particular historic structure, site, or district, which are incorporated by reference;
c. Complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties, which are incorporated by reference; and
d. Complies with any applicable standards in subsections 2, 3, 4, and 5 below.
2. New Construction
New construction shall be visually compatible with existing contributing structures in the Historic Overlay district in terms of height, scale, massing, setbacks, fenestration, roof shape, uses of materials, directional expression, style, and site plan.
3. Relocation
Relocation of a building, structure, significant landscape feature, or object shall consider the following:
a. The historic character and aesthetic interest the building, structure, landscape feature, or object contributes to its present setting;
b. Whether there are definite plans for the area to be vacated and the effect of those plans on the character of the surrounding area;
c. Whether the building, structure, landscape feature, or object can be moved without significant damage to its physical integrity; and
d. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, landscape feature, or object.
4. Demolition
Demolition of a building, structure, significant landscape feature, or object shall consider the following:
a. The historic or architectural significance of the building, structure, landscape feature, or object;
b. The importance of the building, structure, landscape feature, or object to the ambience of a district;
c. The difficulty or the impossibility of reproducing such a building, structure, landscape feature, or object because of its design, texture, material, detail, or unique location;
d. Whether the building, structure, landscape feature, or object is one of the last remaining examples of its kind in the neighborhood, the county or the region;
e. Whether there are definite plans for reuse of the land if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding area;
f. Whether reasonable measures can be taken to save the building, structure, landscape feature, or object from collapse; and
g. Whether the building, structure, landscape feature, or object is capable of earning reasonable economic return on its value.
5. Division of Parcel of Land
Division of a parcel of land into two or more lots shall consider the following:
a. To what extent the proposed division will disrupt the historic pattern of development;
b. The intended use of the proposed division;
c. The compatibility of the use of the proposed division with the surrounding historic district; and
d. To what extent the landowner will experience an economic hardship if the request is denied.
F. Appeal
1. Major Certificate of Appropriateness
A party aggrieved by the final decision of the HPC on an application for a Major Certificate of Appropriateness may appeal the decision to the City Commission in accordance with the procedures and standards in Section 155.2424, Appeal.
2. Minor Certificate of Appropriateness
A party aggrieved by the final decision of the Development Services Director on an application for a Minor Certificate of Appropriateness may appeal the decision to the HPC in accordance with the procedures and standards in Section 155.2424, Appeal.
G. Effect of Approval
A development order for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness authorizes the submittal of an application for a Zoning Compliance Permit and any other development permit that may be required before construction or other development approved by the development order.
H. Expiration
A development order for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within one year after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.
(Ord. 2012-64, passed 9-11-12; Am. Ord.
2019-110
, passed 9-24-19)