§ 1303. Certificates of appropriateness.

(a)

Requirements of certificates of appropriateness. Except as provided in subsection (e), no building or structure, including signs, within a Historic and Cultural District shall be constructed, altered, repaired, relocated or demolished, and no building or other required permit authorizing such action, shall be issued unless and until the historical review board has issued a certificate of appropriateness therefor. A certificate of appropriateness shall certify only that the requirements of this section have been met, and shall not excuse compliance with any other applicable requirements of law.

(b)

Materials to be submitted for review.

(1)

Required plans, etc. The historical review board may require submission of any or all of the following materials as part of an application: architectural plans, site plans, landscaping plans, proposed signs with appropriate details as to location, size, number and character, proposed exterior lighting arrangements, elevation drawings, indications as to construction materials, design of doors and windows, ornamentation and colors, photographs or perspective drawings indicating visual relationship to adjoining structures and spaces and such other exhibits and reports as are reasonably necessary in making its determination to grant or deny the certificate of appropriateness.

(2)

Application review. Applications for a certificate of appropriateness shall be submitted to the planning director, who shall determine whether the proposed building or structure conforms to the requirements of the city zoning ordinance. No application shall be deemed complete unless it contains sufficient information for the planning director to make such determination.

(c)

Grounds for issuance and denial of certificate of appropriateness.

(1)

Issuance. The historical review board shall issue a certificate of appropriateness only if it finds that the proposed building or structure is architecturally compatible with the historic landmarks, buildings or structures in the district. In issuing its approval, the board may attach such reasonable conditions, consistent with applicable city ordinances and development standards, as are necessary or appropriate to ensure that the proposed building or structure meets the requirements of this section.

The board shall consider, in determining whether a proposed building or structure is architecturally compatible with the historic landmarks, buildings and structures in the district, the following factors:

A.

The conformity with the design, development standards, and criteria established for the district pursuant to section 1301;

B.

The appropriateness of the general overall design of the proposed building or structure in relation to the architecture of other building or structures within the historic-cultural overlay zoning district;

C.

The extent to which the proposed building or structure will be harmonious or incompatible with the other buildings or structures in the district;

D.

The degree to which the proposed building or structure advances the Comprehensive Plan's goals;

E.

The impact of the proposed building or structure upon the historic context;

F.

The degree to which the proposed building or structure conforms to applicable provisions of the Secretary of the Interior's Standards for Rehabilitation, as set forth in Title 36, section 67.7 of the Code of Federal Regulations, or any successor regulations, not inconsistent with the provisions of this section.

(2)

Denial; appeals. The historic review board shall state the reasons for denial in writing. The applicant for the certificate of appropriateness may appeal a denial of such certificate to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty (30) days after the date of the denial.

(3)

Notice of appeal. Upon receipt of such letter, the planning director shall schedule the appeal to be heard by the city council at a regular meeting and shall give written notice of the time, date and place of the city council meeting to the applicant, or his agent, and any persons who submitted to the planning director written objections to the application, no less than twenty-one (21) days before the meeting. The applicant shall post a sign provided by the planning director on the property, which sign shall state the time and date of the city council meeting and the nature of the appeal, at least fifteen (15) days prior to the city council meeting at which the matter is scheduled. Such sign shall be posted in accordance with the provisions of section 108(a) of the city zoning ordinance. No further public notice shall be required.

(4)

Appeals to the circuit court. The applicant, and any person appearing before the city council in opposition to the application, may appeal the decision of the city council to the circuit court by filing a petition at law, setting forth the alleged illegality of the action of the city council, provided the petition is filed within thirty (30) days after the date of the city council's decision. The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the court, unless the decision denies the right to raze or demolish a historic landmark, building or structure. The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that such decision is contrary to law or is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the governing body.

(5)

Time limits. The board shall approve or deny a certificate of appropriateness within ninety (90) days from the filing of a completed application. The failure to approve or deny an application shall constitute a denial thereof.

(d)

Demolition. In the event the historical review board determines that the preservation of a building or structure is found to be physically or economically unfeasible, it shall issue the certificate of appropriateness allowing the demolition of such building or structure. If the preservation of such building or structure is physically and economically feasible, the board shall deny the application. In the event the application is denied, the applicant may: (i) appeal such decision to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty (30) days after the date of the denial; or (ii) elect to proceed pursuant to the provisions of section 1304. The procedure for appeals to the city council shall be in accordance with subdivision (3). The city council may, after consultation with the board, affirm or deny the board's decision. In the event the city council affirms the decision of the board, the applicant shall have the right to appeal such decision to the circuit court in accordance with the procedures set forth in subdivision (4).

(e)

Exceptions. The following actions shall not require the issuance of a certificate of appropriateness:

(1)

Repainting resulting in the same or like color, provided that the initial painting of masonry surfaces shall require a certificate of appropriateness;

(2)

The addition or deletion of windows, storm windows, doors, and storm doors that match existing windows, storm windows, doors, storm doors and broken window panes, and the addition or removal of air conditioning units;

(3)

The addition or deletion of television or radio antennas, skylights, solar collectors, wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of-way;

(4)

The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials, features and workmanship when the physical condition of a building or structure, or portion thereof, has deteriorated;

(5)

Planting of grass, trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site;

(6)

Permitted outside storage in any residential, office, business, or industrial district, which is not visible from a public street; and

(7)

Any interior changes.

(Ord. No. 3319, 12-3-13)

(Ord. No. 3319, 12-3-13)