§ 106-49. Application to commission for certificate of appropriateness.

(a)

Approval of material change in appearance in historic districts or involving historic properties. After the designation by ordinance of an historic property or of an historic district, no material change in the appearance of the historic property, or of a contributing or non-contributing building, structure, site or object within the historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the commission. A building permit shall not be issued without a certificate of appropriateness.

(b)

Submission of plans to commission. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the commission.

(c)

Interior alterations. In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effort on exterior architectural features.

(d)

Technical advice. The commission shall have the power to seek technical advice from outside its members on any application.

(e)

Public hearings on applications for certificates of appropriateness, notices, and right to be heard.

(1)

The commission shall hold a public hearing at which each proposed certificate of appropriateness is discussed. Notice of the hearing shall be published in the principal newspaper of local circulation in the city and written notice of the hearing shall be mailed by the commission to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and timeframe as notices are provided before a public hearing for rezoning.

(2)

The commission shall give the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing.

(f)

Acceptable commission reaction to applications for certificate of appropriateness.

(1)

The commission may approve the certificate of appropriateness as proposed, approve the certificate of appropriateness with any modifications it deems necessary, or reject it.

(2)

The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the following criteria for each of the following acts:

a.

Reconstruction, alteration, new construction or renovation. The commission shall issue certificates of appropriateness for the above-proposed actions if those actions conform in design, scale, building material, setback and site features, and to the Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.

b.

Relocation. A decision by the commission approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by:

1.

The historic character and aesthetic interest of the building, structure or object contributes to its present setting.

2.

Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be.

3.

Whether the building, structure or object can be moved without significant damage to its physical integrity.

4.

Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object.

c.

Demolition. A decision by the commission approving or denying a certificate of appropriateness for the demolition of buildings, structures, sites, trees judged to be 50 years old or older, or objects shall be guided by:

1.

The historic, scenic or architectural significance of the building, structure, site, tree, or object.

2.

The importance of the building, structure, site, tree, or object to the ambiance of a district.

3.

The difficulty or the impossibility of reproducing a building, structure, site, tree, or object because of its design, texture, material, detail, or unique location.

4.

Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the city.

5.

Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be.

6.

Whether reasonable measures can be taken to save the building, structure, site, tree, or object form collapse.

7.

Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value.

(g)

Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of this article would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the commission, in passing upon applications, shall have the power to vary or modify strict adherence to the provisions, or to interpret the meaning of the provisions, so as to relieve the difficulty or hardship; provided the variances, modifications or interpretations shall remain in harmony with the general purpose and intent of the provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the commission may impose the reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making.

(h)

Deadline for approval or rejection of application for certificate of appropriateness.

(1)

The commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of an historic property, or of a building structure, site, or object located within an historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested the notice in writing filed with the commission.

(2)

Failure of the commission to act within the 45 days shall constitute approval, and no other evidence of approval shall be needed.

(i)

Necessary action to be taken by commission upon rejection of application for certificate of appropriateness.

(1)

In the event the commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of the actions and reasons, in writing, to the applicant. The commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

(2)

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the commission shall be binding upon the community development director charged with issuing building permits and, in such a case, no building permit shall be issued.

(j)

Requirement of conformance with certificate of appropriateness.

(1)

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of the certificate. In the event work is performed not in accordance with the certificate, the community development director shall issue a cease and desist order and all work shall cease.

(2)

The city council, shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article or to prevent any illegal act or conduct with respect to the historic property or historic district.

(k)

Certificate of appropriateness void if construction not commenced; expiration; renewal. A certificate of appropriateness shall become void unless construction is commenced within six months of the date of issuance. A certificate of appropriateness shall permit work in compliance thereof for a period of 12 months from the date of issuance. A renewal for a period of six months beyond the original 12-month period may be obtained upon submission of a request by the owner and issuance of approval in writing by the commission. Upon completion of construction of all work referenced in the application, the certificate of appropriateness shall be deemed closed.

(l)

Amendments or modifications. Change work items or changes to approved plans must be submitted and approved by the community development director prior to beginning work on any aspect of that plan. The owner may submit a new application for a certificate of appropriateness or request administrative review of such modifications which meet the criteria set forth in this section.

(m)

Recording of applications for certificate of appropriateness. The commission shall keep a public record of all applications for certificates of appropriateness, and of all the commission's proceedings in connection with the application.

(n)

Acquisition of property. The commission may, where the action is authorized by the city council and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein.

(o)

Appeals.

(1)

Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of appropriateness may appeal the determination to the city council.

(2)

Any appeal must be filed with the city council within 15 days after the issuance of the determination pursuant to subsection (h)(1) of this section or, in the case of failure of the commission to act, within 15 days of the expiration of the 45-day period allowed for the commission action, subsection (h)(2) of this section.

(3)

The appeal shall be made in writing on an appeal form made available by the community development director and shall state the name and address of the person filing the appeal, the identification number of the certificate of appropriateness that is being appealed, a statement of facts upon which standing to file the appeal is based, and the grounds for which the determination of the commission should be denied by the city council, based on abuse of discretion by the commission.

(4)

The city council shall hear the appeal at their next regularly scheduled meeting that is at least 15 days after the notice of appeal is received, but not more than 45 days.

(5)

Notice of the hearing stating the location and time shall be mailed to the person who filed the appeal at least ten days but not more than 20 days prior to the date of the hearing.

(6)

At least one week prior to the hearing, the city council and the appellant shall receive from the community development director a complete records of the commission's action, including all information presented by the applicant, proponents and opponents, staff, minutes of the public hearing before the commission, and all other evidence and documents considered by the commission in reaching their determination.

(7)

The procedures for the conduct of the hearing before the city council are as follows:

a.

The party who filed the appeal first presents a ten-minute argument in support of the appeal, and opponents shall then present their ten-minute argument in opposition to the appeal.

b.

Neither side will be required to use all of its ten-minute argument period.

c.

Either side may allocate its ten-minute argument period among any number of speakers, provided that the presentation by all speakers for each side shall not exceed ten minutes per side.

d.

All persons wishing to speak during one side's ten-minute argument period must register their intent to do so and the amount of time to be allocated per speaker with the community development director not later than the time that the meeting of the city council at which the hearing on the appeal is to be conducted is first called to order.

e.

After the opponents of the appeal have concluded their ten-minute arguments, the party who filed the appeal shall have a three-minute rebuttal.

(8)

The hearing before the city council shall be confined to a review of the record of the commission's determination for error based on abuse of discretion of the commission.

(9)

The city council may approve, modify, or reject the determination made by the commission, if the governing body finds that the commission abused its discretion in reaching its decision.

(10)

Appeals from decisions of the city council may be taken to the superior court of the county in the manner provided by law for appeals from conviction for the city ordinance violations.

(p)

Department of transportation and local governments. The department of transportation and any contractors, including cities and counties, performing work funded by the department of transportation are exempt from this section. Local governments are exempt from the requirement of obtaining certificates of appropriateness, provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.

(q)

Administrative review; application modifications. To expedite the design review process, the commission may identify within its rules of procedure items and application modifications which qualify for administrative review. Applications may be submitted at any time and shall be accompanied by such elevations, drawings, photographs, or plans as may be required by the commission. Administrative review shall be limited to proposed work which constitutes either an identified administrative review item which clearly and distinctly complies with the established design criteria or a minor modification to a previously approved application for certificate of appropriateness which clearly and distinctly complies with the established design criteria. The administrative review shall follow the procedure set forth within the commission's adopted rules of procedure. All administrative review decisions shall be reported to the commission at the next regular meeting.

(Code 2004, § 153.05; Ord. No. 354-B, 4-8-2002; Am. Ord. No. 463, 5-29-2014)