A. Certificate Of Appropriateness: No person shall carry out any exterior alteration, restoration, reconstruction, removal, or demolition of a landmark structure, or exterior alteration or new construction of nonhistoric structures within a designated historic preservation district or on any individually designated historic property, nor shall any person make any material change in the exterior appearance of such property, its signs, light fixtures, fences, steps, sidewalks, paving, landscaping or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the designated district, without first applying for and receiving a certificate of appropriateness from the historic preservation commission.
B. Applicability: This section applies to any building, grading, demolition or signage within the Schieffelin historic preservation district or any building or structure for which a certificate of appropriateness is under consideration other than minor alterations, as determined by the building inspector.
C. Effect Of Decisions:
1. All decisions concerning issuance or disapproval of a certificate of appropriateness shall be final, unless appealed through the appeal procedure included in this chapter. The commission may approve the granting of the certificate of appropriateness, approve the application with conditions, deny the application, or table the application for further information with the consent of the applicant, to a suitable meeting date which is agreeable to the commission and the applicant. Within twenty one (21) days of the receipt of an application, the historic preservation inspector shall forward a report and recommendation on the application to the commission. The commission shall act upon the application by approving it or denying it at a public meeting held for that purpose, and shall specify the reason(s). The commission shall transmit a copy of its decision, by first class mail, to the applicant. If the commission fails to have a quorum at a regularly scheduled meeting where a request for a certificate of appropriateness is on the agenda, the chairperson may call for a special meeting within two (2) weeks of the regularly scheduled meeting. Where the application is approved, the property owner shall have ten (10) days from the date of approval to sign the certificate of appropriateness or to appeal any such conditions contained therein. In the event an application is denied, no permits shall be issued.
2. Where the applicant or developer chooses to alter the plans beyond the conditions included in the certificate of appropriateness, the certificate will be withdrawn and the applicant shall submit a new or revised application for the proposed project. Upon resubmittal of the application, the commission shall schedule a meeting to consider information relative to the new or revised application for the certificate of appropriateness. At that time, the entire project will be reviewed and the determination of the commission will be final, unless appealed through the appeal procedures included in this chapter.
D. Unknown Or Undiscovered Conditions: If, during the actual construction, alteration, restoration or new construction, on a structure within a designated preservation district pursuant to a certificate of appropriateness, an architectural element or feature is discovered which was previously unknown, or an element or feature which was previously known is found to be absent or structurally unsound, work shall be stopped and the planning and zoning commission immediately notified of such condition. If, in the planning and zoning commission's opinion, the "discovered condition" requires changes to the overall construction plan pursuant to the certificate of appropriateness, which do not conflict with either the conditions of the certificate of appropriateness or the relevant historic, cultural, educational, or architectural qualities characteristic of the structure, site or district, the planning and zoning commission may approve the necessary changes and authorize the work to proceed in writing, without requiring commission review. If however, the planning and zoning commission determines that the "discovered condition" would require major changes to the construction plans pursuant to the certificate of appropriateness, or would not be compatible with either the conditions of the certificate of appropriateness, or the relevant historic, cultural, educational, or architectural qualities characteristic of the structure, site, or district, the applicant shall delay further work and resubmit the project for the commission's review, including any available information about the "discovered conditions" and proposed solutions. The commission, at its next available meeting, will review the conditions and proposed actions with the applicant, and will either reapprove the certificate of appropriateness, reapprove with new or amended conditions, deny the application, or table the application with the applicant's consent for further information.
E. Public Safety Exception: Nothing in this chapter shall prevent the alteration, restoration, reconstruction, removal, construction, or demolition of any such feature which the building inspector shall certify in writing is required by the public safety because of an unsafe or dangerous condition. Where the public safety and health is in immediate danger, and where no temporary corrective measures will suffice in protecting the public safety, such work shall be allowed without a certificate of appropriateness, but subject to all other appropriate and required permits. Such work shall be allowed only to the extent necessary to stabilize the structure in question and notification of such work shall be made to the planning and zoning commission and historic preservation commission for review at their next earliest meeting. The commission may require documentation from a licensed structural engineer or registered architect to determine that the work done was necessary to satisfy an emergency safety condition. Work done beyond that necessary to correct the public safety issue shall be subject to all of the rules and regulations of this chapter. (Ord. 2015-01, 7-14-2015)