(A) Requirement. A certificate of appropriateness issued by the Commission shall be required before a building permit, moving or building permit or demolition permit is issued for any designated historic landmark or any building, structure or site or part thereof in the historic district. It is required if the building, structure, or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building or structure. Such major changes include, but are not limited to:
(1) Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation, or repair;
(2) Any new construction and demolition in whole or in part requiring a permit from the city;
(3) Moving a building;
(4) Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district;
(5) An exception to the certificate of appropriateness shall be made if the applicant shows to the Commission that a failure to grant the permit will cause an imminent threat to life, health or property.
(B) Application for certificate of appropriateness. Every application for a demolition permit or a building permit, including plans and specifications shall be forwarded by the Building and Zoning Department to the Historic Preservation Commission within 15 days following receipt of the application by the Building and Zoning Department. The application for issuance of a certificate of appropriateness must include:
(1) Street address of the property involved.
(2) Legal description of the property involved.
(3) Brief description of the present improvements situated on the property.
(4) A detailed description of the construction, alteration, demolition or use proposed together with any architect drawings or sketches if those services have been utilized by the applicant and if not, a sufficient description of the construction, alteration, demolition, and use to enable anyone to determine what final appearance and use of the real estate will be.
(5) Owner's name.
(6) Developer's name, if different than owner.
(7) Architect's name.
(8) A filing fee is required.
(C) Standards for certificate of appropriateness. In making a determination whether to approve or deny an application for a certificate of appropriateness, the Troy Historic Preservation Commission shall be guided by the Secretary of the Interior's “Standards for Rehabilitation”, as follows:
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site environment.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, skylined architectural features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(D) Design guidelines. Design guidelines for applying the criteria for review of certificates of appropriateness shall at a minimum, consider the following architectural criteria:
(1) Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in an historic district.
(2) Proportions of windows and doors. The proportion and relationships between doors and windows should be compatible with the architectural style and character of the landmark.
(3) Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
(4) Roof shape. The design of the roof, facia, and cornice should be compatible with the architectural style and character of the landmark.
(5) Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark.
(6) Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district.
(7) Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The direction expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
(8) Architectural details. Architectural details including types of materials, colors, and textures should be treated so as to make landmark compatible with its original architectural style and character of a landmark or historic district.
(9) New structures. New structures in a historic district shall be compatible with the architectural styles and design in said districts.
(E) Hearing on application.
(1) Applications for a certificate of appropriateness are available from the Building and Zoning Department. Such applications shall be completed and submitted to the Building and Zoning Department which shall be forwarded to the Historic Preservation Commission. The Commission shall schedule a public meeting for consideration of the application within 15 days of receipt of application. A public notice for consideration of the application shall be made not less than 15 days nor more than 30 days before hearing, in a newspaper of general circulation published in the city.
(2) If the Historic Preservation Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.
(F) Issuance of a certificate of appropriateness.
(1) The Historic Preservation Commission shall notify the applicants of their decision within five days after the public meeting. Upon approval of the application, the Commission shall direct the Building and Zoning Department to issue signed certificate of appropriateness to the applicant with copies forwarded to the Building Inspector.
(2) A certificate of appropriateness shall be invalid if changes in the plans reviewed by the Commission are necessary in obtaining a building permit or if the building permit issued for the same work becomes invalid. The certificate of appropriateness remains valid for the same period of validity as the building permit (six months).
(G) Appeals for denial of a certificate of appropriateness.
(1) In the event of denial of an application for a certificate of appropriateness, the Commission shall notify the applicant in writing of the disapproval and the reasons therefore and shall recommend changes, if any, in the proposed action that would cause the Commission to reconsider its denial.
(2) Within 15 days of receipt of the notification of disapproval, the applicant may resubmit an amended application that takes into consideration the recommendations of the Historic Preservation Commission. The application shall be considered to be withdrawn if no written modification on request for public hearing is received. Within 15 days of receipt of a written modification the Commission must either issue the certificate of appropriateness or hold a hearing.
(H) Findings on appeal.
(1) The Historic Preservation Commission shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the applicant by mailing notice of the hearing, said mailing to be made at least ten days prior to the date of the hearing.
(2) Notice of the time and place of such public hearing shall be published at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper of general circulation published in the city.
(3) The Chairperson shall conduct the hearing and the Historic Preservation Commission and the applicant shall have the right to introduce evidence and cross examine witnesses. A recorded or written transcript of the hearing shall be made and kept.
(4) The Commission shall vote, announce its decision, make its recommendation, and notify the Planning Department and the applicant within five days after the conclusion of the public hearing, unless the time is extended by mutual agreement between the Commission and the applicant.
(5) In the event of a denial of appeal by the Historic Preservation Commission, the applicant may appeal the decision of the City Council, whose decision in this matter shall be final subject only to judicial review as provided by law.
(Ord. 2013-06, passed 6-17-2013)