Skip to main content
Loading…
This section is included in your selections.

A public hearing shall be scheduled for a Certificate of Appropriateness (COA) requiring Historic and Cultural Preservation Committee approval as soon as practicable after receipt of the application.

A. Public hearing notice. Notice of the public hearing shall be given at least 10 days prior to the hearing by mailing to the property owner of record and all owners of property within 300 feet of the exterior boundaries of the site, and by publication in a newspaper of general circulation within the City.

B. Review and approval.

1. Criteria for review. In evaluating a COA application, the review authority shall use any applicable design guidelines, and the Secretary of the Interior’s Standards for Rehabilitation and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource. In addition, the Director may require that the proposed work be reviewed by a preservation architect. The actual work shall be completed by a preservation contractor or someone with demonstrated expertise in the field. Wherever feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource.

2. Authority of Historic and Cultural Preservation Committee. The Historic and Cultural Preservation Committee may approve or deny a COA, in whole or in part. Notice of the Historic and Cultural Preservation Committee decision shall be sent to the applicant, owner and occupants of the property within 10 days of the date of the Historic and Cultural Preservation Committee’s decision.

3. Authority of Director. The Director may approve a COA for a proposal for minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Director approval of a COA shall require making all of the findings required by Subsection D., but does not require a public hearing or public notice. The Director may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Director to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any applicable prescriptive standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the Interior’s Standards for Rehabilitation. Minor changes or modifications to a COA can be approved by the Director, even if the Director was not the approving body. The Director may refer any COA application to the Historic and Cultural Preservation Committee for hearing and decision.

C. Investigation for COA. The review authority may require the applicant to furnish material evidence, as needed, supporting the request for alteration, demolition, or removal of a cultural resource or to give testimony and furnish evidence of any or all of the following, where appropriate:

1. Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the costs that would be incurred to comply with the requirements of the COA;

2. A written report from a licensed structural engineer with experience and expertise with historic structures and rehabilitation, as to structural integrity and suitability for rehabilitation;

3. Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes required by the COA.

4. In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation;

5. For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information considered necessary by the review authority to determine whether substantial evidence of economic hardship exists;

6. Remaining balance on any mortgage or other financing secured by the property for the previous two years;

7. All appraisals obtained within the previous two years by the owner or applicant in connection with the financing, ownership, or purchase of the subject property;

8. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. Additionally, any listing of the property for sale or rent, prices asked and offers received, if any, within the previous two years;

9. Assessed value of the property according to the two most recent assessments;

10. Real estate taxes for the previous two years;

11. Form of ownership or operation of the property, whether sole proprietorship, for- profit or nonprofit corporation, limited partnership, joint venture, or other; and

12. Other information considered necessary by the review authority for a determination as to whether the property does yield or may yield a reasonable return to the owner.

D. Findings for Certificate of Appropriateness.

1. Alterations, generally. A COA shall be issued for a proposed alteration only if the review authority first finds that:

a. The proposed work will neither adversely affect the significant architectural features of the cultural resource nor adversely affect the character or historic, architectural, aesthetic interest, or value of the cultural resource and its site; and

b. The proposed work conforms to any prescriptive standards and design guidelines adopted by the City for the particular resource, and to the Secretary of the Interior’s Standards for Rehabilitation, and does not adversely affect the character of the cultural resource; and

c. In the case of construction of a new improvement upon a cultural resource property, the use and design of the improvement shall not adversely affect, and shall be compatible with, the use and design of existing cultural resources within the same historic district; and

2. Alterations found not to be adverse. The effect of alteration on a cultural resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this Section when the alteration is:

a. Limited to the rehabilitation or restoration of improvements; and

b. Conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any prescriptive standards adopted by the City for that cultural resource, cultural resource property, or historic district, and the guidelines of the Secretary of the Interior’s Standards for Rehabilitation.

E. Conditions for Certificate of Appropriateness. The Review Authority may approve a Certificate of Appropriateness subject to any condition deemed necessary or desirable to effect the purposes of this Part. The conditions shall be covenants running with the land.

F. Period of validity of Certificate of Appropriateness. A COA shall become void unless construction is commenced within 24 months from the date of approval. A COA may be renewed for 24-months by applying to the Department a minimum of 30 days before the expiration of the certificate. The review authority may grant an extension for another 24-month period. A COA may be extended only twice, and a new COA is required thereafter. If the project is not completed within 24 months after the expiration of the last Building Permit, a new Certificate of Appropriateness shall be required to complete the work.