Procedure for Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts.
The procedure for obtaining a Certificate of Appropriateness may be initiated by the City for all City-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or for a property located within a District. The application must be submitted, reviewed and approved by the Historic Preservation Officer or the Historic Preservation Commission prior to the commencement of any work. An application for Certificate of Appropriateness shall be made on forms as prescribed by the City. Historic Preservation Commission design review affecting Landmarks and properties located in Districts shall occur as follows:

1. Upon receipt of a completed Certificate of Appropriateness application as determined by the Historic Preservation Officer, the Historic Preservation Officer shall review the application to determine completeness and for a preliminary determination of compliance with the Secretary of the Interior Standards for Rehabilitation and any applicable adopted Design Guidelines. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the proposed work and get initial design direction.

2. Following determination of completeness and a preliminary determination of compliance, the Historic Preservation Officer shall determine if the case can be reviewed administratively (in accordance with L below) or shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration.

3. The Historic Preservation Commission shall review the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that the proposed work is in compliance with the Secretary of the Interior Standards for Rehabilitation and any adopted Design Guidelines. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant.

4. The Historic Preservation Commission may take action to approve, postpone requesting additional information, or deny the application. If the Historic Preservation Commission has not taken action to approve or deny the application within ninety (90) days of the original application being determined complete by the Historic Preservation Officer, a Certificate of Appropriateness shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing.

5. If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. Any specific conditions of approval made by the Historic Preservation Commission shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the Historic Preservation Officer or Historic Preservation Commission. An applicant shall have one (1) year from the date of issuance of a Certificate of Appropriateness to secure a building permit for the specified improvements or it shall become null and void.

6. If the Historic Preservation Commission finds the proposed work will have an Adverse Effect on the Landmark, or property located within a District, or if the proposed work is inconsistent with the Secretary of the Interior Standards for Rehabilitation or any applicable adopted Design Guidelines, the Historic Preservation Commission shall advise the applicant at the meeting of the disapproval of the application and of any changes to the application which are necessary to approval of the same. Within five (5) days following the meeting, the Historic Preservation Officer shall provide the applicant noticing in writing of the disapproval of the application and of any changes to the application which are necessary for approval of the same. A Certificate of Appropriateness application that has been denied may not be resubmitted without incorporating changes to the application which are necessary for approval of the same.

7. The applicant or any persons adversely affected by the action of the Historic Preservation Commission may appeal the decision to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The Historic Preservation Officer must schedule the appeal at the next available regularly scheduled City Council meeting. Appeals of decisions made under Administrative Review will be heard by the Historic Preservation Commission at their next regularly scheduled meeting.

8. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal.