A. Application For A Regulated Permit: Application for a regulated permit shall be made to the appropriate city official. The application shall state whether the proposed alteration or activity is to be done to a historic landmark or to a building, structure, object, or site in a historic district or preservation district. The appropriate city official shall verify the determination and notify the applicant if an application for a certificate of appropriateness is required. An application for certificate of appropriateness shall be on a form prescribed by the city, shall be completed, and shall include all supporting drawings, sketches, photographs, and/or other information the city determines is necessary for considering the application, including, but not limited to, the following:
1. Site plan or improvement plan, with proposed building elevations (drawn to scale).
2. Photographs of existing and historic building conditions.
3. Product literature and specifications.
4. Samples of proposed materials and colors.
Upon filing of an application for a certificate of appropriateness, the appropriate city official shall promptly transmit the application and all supporting materials to the commission. The commission will not consider an incomplete application.
B. Alterations Not Requiring A Regulated Permit: If any proposed alteration or activity that will affect a historic landmark or building, structure, object, or site within a historic district or preservation district does not require a regulated permit but does affect landscaping or any door, window, or screen for a door or window, then an application for a certificate of appropriateness shall be filed with the city's planning, programming and zoning office, which shall transmit the application to the commission.
C. Certificate Of No Material Effect: A certificate of no material effect may be issued if an application for a certificate of appropriateness demonstrates compliance with design standards and guidelines, provided that the proposed work or activity will not result in a material change in appearance or, with respect to preservation districts only, will result in an alteration that is not visible from the public right of way. The commission may, in its bylaws, delegate to one or more commission officers, a committee of the commission, or to an appropriately qualified city employee the responsibility for determining whether the application qualifies for a certificate of no material effect. If the application so qualifies, the recommendation of the designated persons or committee shall be placed on a consent agenda for action at the next regularly scheduled commission meeting. The applicant shall be notified of the time, date, and place of said meeting. A certificate of no material effect shall be issued within three (3) days of the meeting at which the application is approved, and the commission shall notify the city official from whom the applicant sought a regulated permit. If an application does not demonstrate eligibility for issuance of a certificate of no material effect, then the commission shall review the application as an application for a certificate of appropriateness, and the applicant shall be notified of the time, date, and place of the meeting at which the application will be considered.
D. Certificate Of Appropriateness:
1. Review Criteria: A certificate of appropriateness may be issued if: a) an application demonstrates compliance with design standards and guidelines and b) the proposed work or activity in creating, changing, destroying, or affecting the exterior features of the building, structure, object, or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of either the property itself or of the neighboring properties in a historic district or preservation district.
2. Hearing: The commission shall hold a public hearing on an application for a certificate of appropriateness within thirty (30) days after the completed application was filed, unless the applicant consents to a later hearing date. The applicant shall be notified of the time, date, and place of the hearing. If a historic landmark or a building, structure, object, or site within a historic district or preservation district is located in an area subject to an independent body of review, such as Main Street Waterloo, the commission will hear the recommendations, if any, of said independent body of review and will consider the recommendations when making its final decision.
3. Action On Application: The commission may approve the application as submitted, deny it as submitted, or approve it with conditions. The commission may propose appropriate revisions to the application, which, if adopted, would cause the commission to reconsider its denial. If the application is approved, a certificate of appropriateness shall be issued within three (3) days of the commission's decision. If the commission denies the application, it shall adopt written findings and conclusions within thirty (30) days of the hearing date and shall notify the applicant in writing of its denial. Within three (3) days of its decision, the commission shall notify the city official from whom the applicant sought a regulated permit, and in the event an application is approved subject to conditions, the conditions shall be noted on the permit. The applicant may modify the proposed project and shall have the right to resubmit a modified proposal at any time, but if an application is denied, a subsequent application for the same proposed alteration or activity may not be submitted within ninety (90) days of the date of denial.
E. Certificate Of Economic Hardship: Following denial of an application for a certificate of appropriateness, an applicant may apply for a certificate of economic hardship on a form prescribed by the city.
1. Basis For Issuance: A certificate of economic hardship may be issued if: a) an application for a certificate of appropriateness has been denied and b) the commission determines after hearing that disapproval of the proposed alteration or activity would deprive the property owner of all reasonable economic return from the property. In considering whether the property owner would be deprived of all reasonable economic return from the property, the commission shall deny the certificate of economic hardship where the inability to realize any reasonable economic return from the property has been created by the property owner's conduct, including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return from the property. The determination of economic hardship shall be made solely with reference to the property, independent of the type of ownership or the financial status or means of the owner.
2. Standards For Determination: The applicant shall provide any information that the commission deems necessary for making a determination as to whether the property yields or may yield a reasonable economic return, which information may include, but is not limited to, the following:
a. The amount paid for the property, the date of purchase, and the identity of the seller and description of the seller's relationship to the applicant.
b. Any appraisals of the property made within the previous two (2) years for purposes of selling, purchasing or financing.
c. The property's assessed value according to the two (2) most recent assessments.
d. The amount of real estate taxes for the previous two (2) years and proof that they have been paid.
e. The annual gross income from the property for the previous two (2) years, itemized expenses for operation and maintenance, and cash flow before and after debt service. This information need not be provided for any single-family, owner occupied property.
f. Any state or federal income tax returns on or relating to the property for the previous two (2) years.
g. The remaining balance on any financing secured by the property and other debt service, if any, for the previous two (2) years.
h. Any listing of the property for sale or rent within the previous two (2) years, including price asked and offers received.
i. Estimated cost of proposed work or activity and an estimate of any additional cost that would be incurred in complying with the commission's recommendation for conditions necessary for issuance of a certificate of appropriateness.
j. The property's estimated market value in its current condition, after completion of the proposed alteration or activity, after any changes proposed by the commission, and, in the case of demolition, after renovation of the property for continued use.
k. A report from a licensed professional architect or engineer with demonstrated experience in historic property rehabilitation as to the structural soundness of any structure and its suitability for rehabilitation.
l. A showing of the applicant's efforts at ongoing maintenance and repair.
m. Proof of the applicant's efforts to obtain financing, tax incentives, grants, or other funding sufficient to allow the applicant to realize a reasonable economic return from the property.
3. Hearing: The commission shall hold a public hearing on an application for a certificate of economic hardship within sixty (60) days after the completed application was filed, unless the applicant consents to a later hearing date. The applicant shall be notified of the time, date, and place of the hearing. The commission shall receive and review evidence and hear testimony from the applicant or witnesses. The commission may solicit expert testimony or require that the applicant submit additional information.
4. Action On Application: Within thirty (30) days after closure of the hearing, the commission shall complete its evaluation of economic hardship, applying the standards set forth in subsection E2 of this section, and shall adopt written findings and conclusions. The commission shall either approve the issuance of a certificate of economic hardship or deny it. The commission shall notify the applicant in writing of its decision and shall concurrently notify the city official from whom the applicant sought a regulated permit. If the application is approved, a certificate of economic hardship shall be issued within three (3) days of the commission's decision.
F. Demolition:
1. Form Of Request: A request to demolish a historic landmark or a building, structure, object or site in a historic district or preservation district or a structure identified in subsection 9-8-7B of this chapter shall be submitted as an application for a certificate of economic hardship, subject to all requirements and procedures set forth in this section.
2. Preservation Plan: After an application is filed, the commission and the applicant shall work together in good faith to develop a plan to preserve or rehabilitate the property. If a mutually agreeable plan is developed, it shall be reduced to writing, signed by the applicant, and approved by the commission. Upon approval of a preservation plan, the commission shall issue a certificate of appropriateness that incorporates the plan by reference, and a copy of the plan shall be appended to the certificate. If a preservation plan is not developed within sixty (60) days after the application is filed, the commission shall either deny the application or shall table the application for an additional period of six (6) months. At the end of the six (6) month period, the commission shall approve the application and issue a certificate of economic hardship if it is satisfied that the applicant has made continuing, bona fide, and reasonable efforts to locate a purchaser to preserve, rehabilitate or restore the property, and that such efforts have been unsuccessful. Notwithstanding the failure to develop a preservation plan, and at any time before conclusion of the six (6) month period, the commission may approve the application and issue a certificate of economic hardship if the commission is satisfied that there is no reasonable likelihood that the applicant or some other person is willing to preserve, rehabilitate or restore the property or to purchase the property for such purpose.
3. Property Acquired By Eminent Domain: If the property proposed to be demolished is a property that was acquired by eminent domain, after consideration of all the circumstances the commission may at any time waive the requirements of this section and issue a consent to demolish, which shall have the effect of a certificate of economic hardship.
4. Bond Required: The applicant shall post a bond in an amount set by the commission or the city council, as appropriate, to ensure complete removal of debris left by the demolition process and to compensate for any damage done to adjacent properties. The bond shall be posted before the approved certificate is issued. The commission may waive this requirement with respect to any property owned by a federal, state, or local governmental body.
5. Documentation: In connection with approval of any certificate of economic hardship under this subsection F, the commission may require as a condition to issuance of a certificate the allowance of a reasonable period in which to make a photographic, video or other suitable record of the property before it is demolished.
G. Future Effect: The commission's approval of a particular type of alteration, work, or activity, whether as a result of issuance of a certificate of no material effect, a certificate of appropriateness, or otherwise, shall not establish a binding precedent for future commission action, but it may be an additional factor to be considered in subsequent reviews involving the same or a similar type of alteration, work, or activity.
H. Time Limitation: Each certificate of no material effect, certificate of appropriateness, or certificate of economic hardship shall expire and become null and void if the alteration for which the certificate was issued is not initiated within one year of its issuance. (Ord. 5057, 7-11-2011)