(a) The Commission, assisted by city personnel, shall be available to applicants as a source of information and assistance before an application is made. Applicants are encouraged to make use of this service.
(b) No person shall make any exterior alteration to or demolish any historic structure or part thereof which is a designated city landmark or lies within a local historic district without first obtaining a certificate of appropriateness. A certificate of appropriateness must be obtained for new construction on vacant sites within historic districts.
(c) Application(s) for a certificate of appropriateness shall be filed at City Hall in such form as may be prescribed by the Commission and approved by the Mayor. The Mayor or his/her designee is responsible for ensuring that any construction to be undertaken is in accordance with the certificate of appropriateness.
(d) The Commission shall approve or reject an application for a certificate of appropriateness within 45 days of the filing of a complete application. Said action shall be taken at a meeting in compliance with § 1488.02(f). If the Commission fails to act within the time period, the application for a certificate of appropriateness shall be deemed approved.
(e) Each case will require careful consideration of all relevant factors, including earlier changes, existing conditions, and surrounding properties. Some flexibility is often necessary to accommodate the property owner. The Commission shall approve, or approve with conditions, the certificate of appropriateness if it finds that the proposal conforms to the Secretary of the Interior’s Standards for Rehabilitation, or locally adopted design standards.
(f) (1) In the case of the denial of a certificate of appropriateness, the Commission shall state the reasons for denial in writing and include findings of fact in support of the decision. Copies of the decision shall be mailed to the applicant. The Commission may suggest changes which can result in approval and offer to continue to meet with the owner to achieve a mutually satisfactory compromise.
(2) The property owner may, within ten days of receipt of the decision of the Historic Preservation Commission, appeal to City Council by filing a written notice of appeal with the Commission and the Clerk of Council. City Council shall hear the appeal and render a decision within 30 days of the filing of the notice of appeal. City Council may affirm, reverse, or modify the decision of the Historic Preservation Commission. The property owner shall receive written notification of Council’s decision.
(Ord. 20-2014, passed 2-17-2015)