(A) A certificate of appropriateness from the Historic District Commission shall be required before a person may undertake the following actions described in subdivisions (1) through (4) herein affecting a landmark, a landmark site, or a property in a historic district. No application fee shall be required for a certificate of appropriateness that is timely filed. Any applicant or person who files for application after such applicant or person has begun alteration, new construction, demolition or relocation has begun on the landmark, landmark site, or property in a historic district for which the certificate of appropriateness is being sought, will be required to have any subsequent application heard before the Historic District Commission and required to pay a fifty dollar ($50.00) application fee to cover administrative costs.
(1) Alteration of the exterior part of a building or structure that is visible to the public including changes to a sign or the installation of a new sign and the cutting down of an established tree that is visible to the public, or the installation of a fence that is visible to the public.
(2) New construction.
(3) Demolition. Demolition shall include demolition by neglect as defined in § 72.002.
(4) Relocation.
(B) A person shall be referred to the Commission by the Historic District Coordinator or Building Inspector when he wants to undertake an exterior alteration visible to the public, new construction, demolition or relocation affecting a landmark, a landmark site, or a property in a historic district. The person shall supply the Commission with the information it requests in order to decide his application for a certificate of appropriateness. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used. No building permits, zoning permits, certificates of occupancy or demolition permits shall be issued by the District Coordinator or Building Inspector unless the application is accompanied by a certificate of appropriateness, except in the case of emergency conditions as provided in paragraph (M) of this section. In the event work is being performed without the required certificate of appropriateness, the Commission shall ask that a Stop Work Order be issued. In the event work is being performed which is not in accordance with such certificate, the Police Chief or the City Clerk/Treasurer shall issue a Stop Work Order and any law enforcement officer may cite violators in District Court. All work shall cease on the designated property. No additional work shall be undertaken as long as such Stop Work Order shall continue in effect. The city may apply in Circuit Court for an injunction to enforce its Stop Work Order.
(C) (1) The Commission shall review at a regular monthly public meeting each application for certificate of appropriateness within thirty (30) days after a completed application is received by the Commission except for applications which are staff-approvable as provided in paragraph (F). The Commission shall make a decision on the application within forty-five (45) days after the receipt of a completed application provided that the Commission may extend the time for decision an addition sixty (60) days when the application is for demolition or new construction. The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its guidelines. The Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved unless the applicant and the Commission have agreed in writing to an extension. Applicants shall be given notice of the public hearings and meeting relating to their application and shall be informed of the Commission's decision.
(2) Following the initial disapproval of any application, there shall be a ninety (90) day negotiation period during which no appeal may be taken. During this period the Commission and the applicant shall continue negotiations in an effort to agree upon an alternative which will comply with the Commission's guidelines. The Commission, after notice to the applicant, may hold additional hearings and hear additional evidence, and may reconsider its initial disapproval. All of these actions shall become a part of the administrative record.
(3) A certificate of appropriateness shall remain valid for one (1) year after it is issued. Work is required to start before the end of the one (1) year period. If the approved work has not been completed within two (2) years after the certificate of appropriateness was issued, the Commission shall review the situation and may require an application for a certificate of appropriateness for the work that remains to be done.
(D) In making a decision on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission 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 Commission for its comments. The Commission shall prepare a list of routine alterations that shall receive immediate approval from its staff without a public meeting when an applicant complies with the specifications of the Commission. The list shall include paint colors appropriate for different types of buildings.
(E) In reviewing applicants involving signs, the Commission shall use guidelines it has prepared that have been approved by the City Council. Owners and tenants shall apply to the Commission before their signs are made.
(F) When an applicant wishes to demolish a landmark, a building or structure on a landmark site, or a building or structure in a historic district, the Commission shall negotiate with the applicant to see if an alternative to demolition can be found. The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public meeting, the Commission may decide that a building or structure in a historic district or on a landmark site may be demolished because it does not contribute to the historic district or to the landmark. On all other demolition applications, the Commission shall study the question of economic hardship for 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 Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in subsection (E) of § 72.003 above. If economic hardship or the lack of a reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds grounds to grant the demolition application under the points contained in subsection (E) of § 72.003 above.
(G) When the applicant wishes to move a landmark, a building or structure on a landmark site, or a building or structure in a historic district or wishes to move a building or structure to a landmark site or to a property in a historic district, the Commission shall consider the following.
(1) The contribution the building or structure makes to its present setting.
(2) Whether there are definite plans for the site to be vacated.
(3) Whether the building or structure can be moved without significant damage to its physical integrity.
(4) The compatibility of the building or structure to its proposed site and adjacent properties. These considerations shall be in addition to the points contained in subsection (E) above.
(H) The applicant shall have an appeal to the Circuit Court from a decision of the Commission on an application for a certificate of appropriateness.
(I) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness provided this work on a landmark, a landmark site, or a property in a historic district does not change its exterior appearance that is visible to the public.
(J) An owner shall immediately notify the Building Inspector of emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a historic district, and the owner shall promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(K) In any case where the Building Inspector determines that there are emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a historic district, he may order the remedying of these conditions without the approval of the Commission. The Building Inspector shall promptly notify the Chairman of the Commission of the action being taken.
(L) All work performed pursuant to a certificate of appropriateness shall conform to the provisions of the certificate. It shall be the responsibility of the Building Inspector to inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with the certificate, the Police Chief or the City Clerk/Treasurer shall issue a stop work order and any law enforcement officer may cite violators in District Court. All work shall cease on the designated property. No additional work shall be undertaken as long as the stop work order shall continue in effect. The city may apply in Circuit Court for an injunction to enforce its stop work order.
(Ord. - -, passed 4-18-85; Am. Ord. 87-06-005, passed 6-18-87; Am. Ord. 92-08-04A, passed 8-4-92; Am. Ord. 96-10-16(C), passed 10-16-96; Am. Ord. 2004-12-, passed 12-16-04)