§ 23-1-12 Review process on application for Certificate of No Effect or Certificate of Appropriateness.
(A) When a building permit or other permit is sought from the City to demolish, alter, remodel, move, build or otherwise develop or landscape property or archaeological sites in the HP District, issuance of the permit shall be deferred until after a Certificate of No Effect or a Certificate of Appropriateness is obtained from the Historic Preservation Officer or the HP Commission.
(B) In the event work requiring a Certificate of Appropriateness is being performed without such a certificate, the Historic Preservation Officer shall contact the person performing the work and ask that all work cease. If work continues, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. In the event work is being performed that is not in accordance with a Certificate of Appropriateness issued by the HP Commission, the Historic Preservation Officer shall ask that a Stop Work Order be issued by the Building Official. The City may seek an injunction to enforce a Stop Work Order.
(C) The Building Official shall refer requests for building permits located within an HP District to the HP Officer.
(1) The HP Officer shall issue a Certificate of No Effect if:
(a) It is determined the proposed work is minor and clearly within adopted design guidelines; and
(b) If modifications to the proposed work are requested by the HP Officer, they are agreed to by the applicant; and
(c) In any case the proposed work will not diminish, eliminate or adversely affect the historic character of the subject property or its affect on the district.
(2) If a certificate of no effect is not issued, a certificate of appropriateness shall be required.
(3) The review and decision on certificates of appropriateness shall be conducted in the following manner:
(a) The HP Officer shall review the application and shall conduct a public hearing within 14 days of the filing of an application for a building permit. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of the standards set forth in subsection (D) below and the evidence presented at the hearing and shall either grant or deny the application or grant it with stipulations;
(b) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;
(c) The HP Commission may uphold, reverse or modify the decision of the HP Officer. The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action. If appealed, the matter shall be set for a public hearing before the City Council at its next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (3)(b) of this subsection;
(d) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the building permit application was filed, the application shall be deemed approved.
(D) Standards for consideration of a Certificate of Appropriateness:
(1) The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, site or district and shall include but not be limited to elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relation of these elements to one another;
(2) Conformance with the guidelines approved by the HP Commission.
(E) Any person aggrieved by a decision of the City Council on a Certificate of No Effect or a Certificate of Appropriateness may file a special action in Superior Court in accordance with the law to have the court review that decision.
(F) No change shall be made in the approved plans of a project after issuance of a Certificate of No Effect or a Certificate of Appropriateness without resubmittal to the Historic Preservation Officer and approval of the change in the same manner as provided above.
(G) A Certificate of Appropriateness expires one year from the date of issuance unless work is started within that time. (Ord. 2001-748, passed 6-25-2001)