§ 2-3.509. Certificate of Appropriateness.

(a)

Applicable sites. Certificates of Appropriateness will be required for any changes to any designated Cultural Heritage Site (refer to Exemptions, Section 2-3.509(h).

(b)

Requirement for a Certificate of Appropriateness. Unless exempt pursuant to Section 2-3.509(h), the property owner of a designated Cultural Heritage Site will be prohibited from the alteration, addition, demolition, defacement, or removal of such designated site, without first complying with at least one of the following:

(1)

Obtained a Certificate of Appropriateness; or

(2)

Filed for a Certificate of Appropriateness and waited the time specified in SVMC Section 2-3.509(e), without any action being taken on the property owner's request for a Certificate of Appropriateness.

(c)

Application materials. Requests for Certificates of Appropriateness shall be signed by the landowner or their designated agent and filed with the Board for processing. Requests shall include plans and specifications as necessary to evaluate the proposed change(s), and how the proposed change(s) is appropriate for the area. The request must be accompanied by any other information the Board determines is required to make an informed determination on the proposed work according to the standards of review pursuant to SVMC Section 2-3.509(d). Within thirty (30) days of the application filing date, the Board shall inform the applicant in writing whether the application is complete and has been accepted for processing, or that the application is incomplete and that additional information must be provided to make the application complete. Failure of the Board to respond within thirty (30) days of application submittal with a determination as to completeness shall be deemed a determination that the application is complete. Submittal of the additional Board-requested information shall establish a new thirty-day period for a determination of completeness.

(d)

Approval of a Certificate of Appropriateness. Unless exempt pursuant to Section 2-3.509(h), in evaluating requests for Certificates of Appropriateness, the Board, at a scheduled public meeting, will consider the existing architectural style, design, arrangement, texture, materials, and any other factors with regard to the site's original distinguishing characteristics. Using the Secretary of the Interior's Standards for Historic Preservation Projects as a guide, the Board will approve a Certificate of Appropriateness for any proposed work only if the Board makes at least one of the following findings:

(1)

The proposed work will not adversely affect the integrity of significant architectural features or the character of historical, architectural, or aesthetic interest or value of the site.

(2)

In the case of construction of a new improvement, addition, building, or structure upon the site, the use, scale and massing, and exterior of such construction will not adversely affect, and will be compatible with, the use and/or exterior of the site.

(3)

Denial of a Certificate of Appropriateness will do one or more of the following:

(i)

Deprive the property owner of all reasonable use of or economic return on the property;

(ii)

Result in a hardship due to conditions applicable to the structure or other feature involved; and/or

(iii)

Cause damage to the property owner unreasonable in comparison to the benefit conferred to the community.

A Board decision may be appealed to the City Council by any interested person or the City Council within fourteen (14) days of the date of the decision.

(e)

Board fails to render a decision on Certificate of Appropriateness request. If the Board fails to render a decision on a request for a Certificate of Appropriateness within ninety (90) days of submission of a complete Certificate of Appropriateness application, the Certificate of Appropriateness will be deemed approved.

(f)

Non-action afer Certificate of Appropriateness approval. If the property owner has not acted on the Certificate of Appropriateness within one year and one hundred eighty days (180) days from the Certificate of Appropriateness approval, the Certificate of Appropriateness shall expire.

(g)

Administrative Certificate of Appropriateness. The Board may delegate administrative authority to its designee for certain very minor projects, under the supervision of the Board, to be processed under an Administrative Certificate of Appropriateness, which would not require a public hearing. Types of work would include basic maintenance and repair or minor rehabilitation that does not involve a change of design, material, appearance, or visibility of character-defining features, including, but not limited to:

(1)

In-kind replacement of historically correct architectural features or building elements, such as windows, doors, exterior siding, etc.;

(2)

Fencing, rear yard, of a like kind, unless on a visible side yard;

(3)

Removal of non-historic features;

(4)

Exterior structure paint;

(5)

Patios and patio covers (not enclosed) not visible from the street, of wood or simulated wood;

(6)

Roofing, of a like historic kind; or

(7)

Tree removal, unless historically significant.

An administrative decision may be appealed to the City Council by any interested person or the City Council within fourteen (14) days of the date of the decision.

(h)

Exemptions from Certificate of Appropriateness. An exemption shall be granted for in-kind replacement of historically correct site or landscape features that are deteriorated, damaged beyond restoration, or previously removed, including but not limited to:

(1)

Concrete/paving work, same location and design;

(2)

Electrical and plumbing, replacement of which is not visible on the interior or exterior;

(3)

Paint and wall coverings, structure interior only; or

(4)

Swimming pool demolition, unless an established historic feature.

The Board or its designee shall determine whether the change or modification qualifies for an exemption.

(§ 1, Ord. 1150, eff. November 12, 2009)