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2009 Ordinances
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2009 Ordinances
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<br />A certificate of appropriateness shall be required whether or not a building permit is <br />required. Ordinary maintenance and repair items such as those listed in 40-56.7 are exempt from <br />review. Exterior alterations that do not require a building permit but which can change the <br />exterior appearance of the building or structure such as replacement of doors and windows shall <br />not be constructed or installed unless a certificate of appropriateness has first been obtained. No <br />site feature or appurtenance (such as walls, fences, arbors, paved parking areas, patios, decks, <br />garages, tool sheds, and other accessory structures) where visible from a public right-of-way <br />shall be constructed or installed unless a certificate of appropriateness has first been obtained. <br /> <br />No building permit shall be issued for erection, alteration or improvement of an historic <br />structure or property within an historic district unless a certificate of appropriateness, if required, <br />has first been issued. A certificate of occupancy shall not be issued unless the project is <br />constructed in compliance with the certificate of appropriateness. <br /> <br />A certificate of appropriateness must be approved by the Committee prior to a zoning <br />review of site plans, the site plan review process, subdivision review, board of zoning appeals <br />review, or the processing of a use permit or rezoning application. No action by the departments, <br />commissions, or agencies responsible for such reviews shall take place if a required certificate of <br />appropriateness has not been approved. <br /> <br />Sec. 40-57.1.2. Certificate of Appropriateness; Committee review and approval. <br /> <br />Major actions, as defined in the standards and guidelines adopted by the city council as <br />those projects requiring a three-step review, and any other actions not specifically exempted by <br />the terms of this article and which constitute a major permanent change to the character of the <br />historic district or property shall be approved only after a public meeting and favorable action by <br />the Downtown Design Committee. <br /> <br />In its review of an application for a certificate of appropriateness for a major action, the <br />Committee shall be guided in its decisions by the standards and guidelines required and <br />established by this article. In response to an application, the Committee shall either (i) approve <br />the certificate of appropriateness as proposed, (ii) approve the application with any modifications <br />or conditions it deems necessary if the applicant concurs with the modifications or conditions, or <br />(iii) deny the application. The Committee may defer action on an application in order to obtain <br />additional information necessary for its decision. <br /> <br />The Committee shall not deny an application except with respect to the standards and <br />guidelines in this article. The Committee shall give reasons for its decisions of denial in writing, <br />shall act promptly on applications before it and shall coordinate its procedures with those of <br />other agencies and individuals charged with administration of this division. <br /> <br />Sec. 40-57.1.3. Certificate of Appropriateness; submission of plans required. <br /> <br />A written description, drawings, photographs, plans, and documentation as required by <br />the Committee and as further set forth on the application for the certificate of appropriateness <br />and in the adopted Design Guidelines Submittal Requirements Section shall accompany the <br />application for a certificate of appropriateness. <br />
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