§ 6.404. Certificate of Appropriateness.

A.

The Historic Preservation Commission shall review the application and shall conduct a public hearing within sixty (60) days of the filing of an application for a building permit. Notice of the application shall be posted on the property at least fifteen (15) days before the date set for the public hearing. The HP Commission shall either grant or deny the application, or grant it with stipulations. This application shall be deemed approved if the initial hearing is not held within sixty (60) days of the date of application.

B.

The Historic Preservation Commission shall evaluate all proposals in accordance with the Secretary of the Interior's Standards for Rehabilitation and the adopted design guidelines for the district. A Certificate of Appropriateness shall be granted if the HP Commission determines that the proposed work:

1.

Is compatible with the relevant historic, cultural, educational, or architectural qualities characteristic of the property; and

2.

Does not diminish or adversely impact the integrity of the district; or

3.

Qualifies for a Certificate of Economic Hardship.

C.

Any person aggrieved by the Historic Preservation Commission's decision may, within seven (7) working days of this action appeal to the City Council. If appealed, the matter shall be set for a public hearing before the City Council. Notice of the hearing shall be sent to the applicant at least fifteen (15) days prior to the hearing and shall be posted on the property fifteen (15) days prior to the hearing.

D.

The City Council shall limit its review of the case to the record of the Historic Preservation Commission, as established by the staff report, any exhibits, minutes and/or transcripts, and any audio/visual tape of the proceedings. New testimony will not be accepted for consideration, however, each side may make a limited presentation on the evidence in the record of the HP Commission. Such presentation shall be limited to a maximum of five (5) minutes per side unless greater time is granted by the Mayor. The City Council will conduct its review in accordance with the evaluation criteria established by Subsection B of this section. Except as otherwise provided herein, City Council members who review written communications or engage in verbal communications which are not part of the HP Commission's record shall disclose any such communications during the appeal public hearing. City Council must make its decision within sixty (60) days of the filing of an appeal or the application is deemed approved. At this public hearing, the City Council may do one (1) of the following:

1.

Affirm the decision of the Historic Preservation Commission.

2.

Reverse the decision of the Historic Preservation Commission; or

3.

Remand the application to the Historic Preservation Commission for reconsideration.

E.

Approval of a Certificate of Appropriateness authorizes the issuance of permits required by the City's Building Code. A Certificate of Appropriateness expires one (1) year from the date of issuance.

(Ord. No. 1772, 6-23-93)