20F.40.32 Certificate of Appropriateness.

20F.40.32-010 Purpose.

The purpose of a Certificate of Appropriateness is to ensure against the loss of the historic significance to a historic landmark by setting up a review procedure when alterations, additions, and moves are requested. Further, it ensures that prior to consideration of a demolition that alternatives have been explored and that mitigation, if appropriate, is required. (Ord. 2164)

20F.40.32-020 Scope.

(1)    Unless exempted by RCDG 20F.40.32-030, Exceptions, a Certificate of Appropriateness shall be required for the following:

(a)    Before making any alteration that would affect a significant feature of a historic landmark; or

(b)    For additions to historic landmarks; or

(c)    For moving a historic landmark from its original location; or

(d)    For demolition of a historic landmark.

(2)    Where a recognized religious group owns a site or structure and uses that site or structure for worship or religious education, the decision on a Certificate of Appropriateness shall be advisory. (Ord. 2164)

20F.40.32-030 Exceptions.

A Certificate of Appropriateness shall not be required for the following:

(1)    Ordinary repairs and maintenance to designated historic landmarks that do not alter the appearance of a significant feature and do not use substitute materials. Ordinary repair shall include painting to match the original color or a color consistent with the integrity of the historic landmark and applied in a manner that protects significant features.

(2)    Emergency repair work necessary to prevent destruction or dilapidation to real property or parts of a structure that are immediately threatened or damaged by fire, flood, earthquake, or other disaster.

(3)    Normal excavations of new graves in a cemetery.

(4)    Interior improvements made in order to accommodate the needs of a tenant or different use that:

(a)    Do not affect a significant feature; or

(b)    Do not alter or obscure from view a significant feature; or

(c)    During the course of construction, remove, catalog, and restore the original feature in the original location; or

(d)    Do not use substitute materials. (Ord. 2164)

20F.40.32-040 Procedure.

The following procedures shall be established for the actions listed in RCDG 20F.40.32-020. The level of review shall depend upon the action requested. The levels have been established based on the potential of the action to affect the historic landmark.

(1)    Level I Certificate of Appropriateness shall apply to restorations and repairs which utilize identical materials except repair exempted by RCDG 20F.40.32-030, Exceptions, for new or replacement signs, and for minor utility system changes. A Level I Certificate of Appropriateness shall follow a Type I permit process.

(2)    Level II Certificate of Appropriateness shall apply to additions, for replacement of historic materials with alternate materials, or for painting or covering historic materials or surfaces except painting exempted by RCDG 20F.40.32-030. Exceptions: Should the Commission and the applicant agree in writing to a proposal for this work, a stipulated certificate may be issued following a Type II permit process. If such an agreement cannot be reached using a stipulated agreement, a hearing may be held under a Type VII permit process.

(3)    Level III Certificate of Appropriateness shall apply to demolitions, in whole or in part, or for filling, grading, or excavation on or to an archeological site, paving or building in or over an archeological site, or moving a structure. A Level III Certificate of Appropriateness shall follow the procedures established in RCDG 20F.30.60 for a Type VII permit process.

(4)    Evaluation of Economic Impact for Demolitions. At the time of application, the property owner, or a person authorized by the owner, may request consideration of evidence pertaining to the economic impact on the owner of a denial or a partial denial of a Certificate of Appropriateness. The application submitted shall include documentation as set by the Administrator. In no case shall a certificate be denied, in whole or in part, when it is established that the denial or partial denial will deprive the owner of a reasonable economic use of the landmark given the following:

(a)    There is no viable and reasonable alternative that would have less impact on the features of significance; and

(b)    Moving the resource has been evaluated as an alternative; and

(c)    That the economic analysis showed that the use of all available incentives would not change the economic impact to the owner. (Ord. 2164)

20F.40.32-050 Decision Criteria.

The Administrator or the Landmarks and Heritage Commission shall use the Secretary of the Interior’s Standards for the Treatment of Historic Properties together with generally accepted preservation practices as guidance in making decisions concerning a Certificate of Appropriateness. (Ord. 2164)