(A) A Certificate of Appropriateness is required before a building permit can be issued for the demolition, new construction, exterior alteration, modification or addition to a designated historic property. Any building permit not issued in conformity with this chapter shall be considered void.
(B) Application for a Certificate of Appropriateness must be signed by the owner or his authorized representative and the form must be signed by the Chairman or Vice-Chairman of the Board stating its approval, denial, or approval with conditions and the reasons for the decision.
(C) Required procedure. An application for a Certificate of Appropriateness shall be obtained from the Town Planning and Zoning Office, and when completed, filed with the appropriate administrative official as designated by the Board.
(D) Time limits. Applications for a Certificate of Appropriateness shall be considered by the Board at its next regular meeting, provided they have been filed at least seven calendar days before the regularly scheduled meeting of Board. If the Board fails to take action upon any application within 45 days after the complete application is received, the application shall be considered approved, except in cases where the Board has postponed an application to demolish a structure under the provisions contained in this chapter.
(E) Board action on application. The Board shall review the application, using the design guidelines appearing in § 151.10 to make findings of fact to decide whether or not the applicant's plans are appropriate. The decision of the Board, along with the reasons for each decision, will be recorded in the minutes and will be available upon request as a public reference for preservation procedures.
(F) Contents of application. The Board shall, in its rules of procedure, require data as are reasonable and necessary to determine the nature of the application. An application shall not be considered complete until all the required data have been submitted.
(G) Notification of affected property owners. Prior to the issuance of an approval or denial of a Certificate of Appropriateness, the Board shall inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.
(H) Submission of a new application. If the Board determines that a Certificate of Appropriateness should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.
(I) Maintenance, repair, and interior projects. Nothing in this document shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic when that repair does not involve a change in design, material, color, or outer appearance of the structure. The Board shall not consider the interior arrangements or alterations to the interior of a building unless the interior of a public building or the public space of a private building is specifically described and designated as historic. The Board may authorize a staff member to approve minor projects involving repairs and ordinary maintenance that do not alter design, materials, color or the outer appearance of a structure or interior projects not subject to design review.
(J) Fines and penalties. The system of fines applied by the town for violation of the building code will apply to violations of this chapter.
(K) Substantial hardship.
(1) In the event a Certificate of Appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Commission where one or more of the following unusual and compelling circumstances exists:
(a) The property cannot reasonably be maintained in the manner dictated by the chapter;
(b) There are no other reasonable means of saving the property from deterioration, or collapse; or
(c) The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(2) The owner may be required to submit documents to show that he cannot comply with the design guidelines and earn a reasonable rate of return on his investment in the property. Information required may include:
(a) Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Board;
(b) Structural report and/or a feasibility report;
(c) Market value of the property in its present condition and after completion of the proposed project;
(d) Cost of the property, date purchased, relationship, if any, between seller and buyer, terms of financing;
(e) For the past two years, annual gross income from the property with operating and maintenance expenses, depreciation, and annual cash flow before and after debt service during that time; and
(f) Other information considered necessary by the Board to determine whether or not the property may yield a reasonable return.
(L) Demolition. If the Board denies, or postpones for 180 days, a request to demolish a historic building, the Board shall work closely with the owner to find an appropriate use for the property, to help find a buyer or to obtain funding for rehabilitation, including low interest loans or grants. The Board shall inform the community concerning the threat to the building, its value as part of the fabric of the community and, through publicity and contacts with civic groups, seek to provide assistance in preserving the property.
(Ord. 92, passed 11-21-2023)