(1) Purpose
The Old Tippecanoe Restoration and Architectural (RA) District serves as a visible reminder of the history and cultural heritage of the city, state, and nation. In an effort to preserve the character of this area, the city has established reasonable development standards and design guidelines for buildings and structures within the district. The purpose of the certificate of appropriateness is to provide a method of review for the construction, expansion, alteration, demolition, or other modification of the buildings and structures in the RA district.
(2) Applicability
(a) A COA shall be required for all new construction, exterior reconstruction or alteration, or demolition of buildings and structures in the RA district unless specifically exempted by this zoning code.
(b) All applications for a COA that include any of the following work shall be subject to review by the Restoration Board in accordance with § 154.03(E)(5):
(i) Construction, expansion, or demolition (partial or complete) of all new or existing buildings and structures;
(ii) Any application that includes a related alternative equivalent compliance application; or
(iii) Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the Zoning Administrator.
(c) All other applications for a COA shall be reviewed by the Zoning Administrator in accordance with § 154.03(E)(4).
(d) The Zoning Administrator shall have the authority to forward a COA application to the Restoration Board for review pursuant to § 154.03(E)(5) if the Zoning Administrator finds:
(i) That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use, construction, alteration, or other modification; or
(ii) There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site and the applicable standards.
(3) Initiation
An application for a COA may be initiated by the property owner or other person with authority to file an application pursuant § 154.03(B)(1).
(4) COA Review Procedure by the Zoning Administrator
The review procedure for a COA subject to review by the Zoning Administrator shall be as follows:
(a) Step 1 - Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(b) Step 2 - Zoning Administrator Review and Decision
(i) The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the proposed COA application.
(ii) Within 30 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve or deny the application. The Zoning Administrator shall also have the authority to forward the application to the Restoration Board for review pursuant § 154.03(E)(5).
(iii) Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. The application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator.
(c) Step 3 - Zoning Permit Application
(i) Following the formal approval of the COA application, the Zoning Administrator shall issue a COA.
(5) COA Review Procedure by the Restoration Board
(a) Step 1 - Pre-application Conference (Optional)
(i) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the subject application.
(ii) An applicant may also request to meet with the Restoration Board during a scheduled work session to discuss the proposed application and development. Such request shall be submitted to the Zoning Administrator in writing at least 30 days in advance of the Restoration Board's next meeting.
(iii) The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information according to the established deadlines of the Restoration Board's next meeting.
(iv) The purpose of the pre-application conference shall be to review the draft site plan with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the application, this code, and any applicable design guidelines.
(b) Step 2 - Application
(i) The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(ii) In making application, the Restoration Board may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(c) Step 3 - Staff Review and Staff Report
(i) Upon determination that a COA application is complete, the Zoning Administrator shall refer the application to the Restoration Board and shall schedule a public meeting.
(ii) Prior to the Restoration Board meeting for the subject application, the Zoning Administrator shall review the application and prepare a staff report.
(d) Step 4 - Restoration Board Review and Decision
(i) The Restoration Board shall review the application during a public meeting. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator, the applicable design guidelines, and the review criteria of this section.
(ii) The Restoration Board may review any related alternative equivalent compliance applications simultaneously with the COA application.
(iii) Notification of the meeting shall be provided in accordance with § 154.03(B)(7).
(iv) Within 60 days after the COA application is determined to be complete or is forwarded to them by the Zoning Administrator, the Restoration Board shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Restoration Board may approve, approve with modifications, or deny the application.
(v) The COA application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, plans, and documents to the Zoning Administrator that will illustrate the development as approved by the Restoration Board including any approved changes or modifications.
(vi) The Restoration Board's approval shall constitute a site plan approval for the purposes of this code unless the application is for the construction of a new principal building in which case, the applicant shall be required to obtain site plan approval as established in § 154.03(F).
(e) Step 5 - Site Plan Review or Zoning Permit Application
(i) Following the formal approval of the COA application, the Zoning Administrator shall issue a COA.
(ii) Following issuance of a COA, the applicant may immediately submit an application for a zoning permit or site plan review, as applicable. The applicant may also request simultaneous application review of the COA, site plan, and/or zoning permit in accordance with § 154.03(B)(4).
(6) COA Review Criteria
Decisions on a COA application shall be based on consideration of the following criteria:
(a) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the city;
(b) The proposed development is in compliance with the applicable base zoning district and any applicable overlay districts;
(c) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, special use approvals, variance approvals, etc.);
(d) The proposed development complies with the purpose of the RA district and the adopted design manual;
(e) If the proposed development is subject to review by the Restoration Board, the board shall have the authority to:
(i) Determine whether the proposed development will be appropriate to the preservation of the RA district as established in the purpose and standards of the RA district and the design manual;
(ii) Require that any modifications be made in the spirit of the applicable structure's architectural style, and that additions to such structures be made in a style that should complement the original architectural style; and
(iii) Recommend changes to the applicant that the board determines will reasonably bring the application more into compliance with the adopted standards and design manual.
(f) In the case of removal or demolition, that the proposed change complies with the specific standards of § 154.05(C).
(7) Time Limit
(a) The applicant shall submit a completed application for a zoning permit within 1 year of the date the COA was approved or the approval shall expire. The date of approval shall be the date the Zoning Administrator issues the COA.
(b) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(c) Upon written request, 1 extension of 1 year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(d) The Restoration Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.
(8) Amendments of a COA after Approval
(a) The Zoning Administrator shall have the authority to review and make decisions on amendments to an approved COA under the same review procedure as established in § 154.03(E)(4).
(b) If the approved COA was originally approved by the Restoration Board and contains substantial changes, as determined by the Zoning Administrator, the amendment shall be reviewed by the Restoration Board in accordance with § 154.03(E)(5).
(9) Posting of the COA
The COA must be conspicuously posted on the premises throughout the time of any construction related to the approved COA.
(10) Appeals
Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator or Restoration Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014)