Application for certificate of appropriateness and recommendation of compatibility
(a) A certificate of appropriateness or recommendation of compatibility is required for construction, alteration, repair, removal or demolition of a structure within a locally designated historic district. The building official may not issue a permit until the commission has issued a certificate of appropriateness or recommendation of compatibility; however, compliance with the recommendation of compatibility shall not be a requirement for issuance of a building permit.
(b) Applications for certificate of appropriateness or recommendation of compatibility shall be filed with the commission at the office of community development, which shall determine if such application is complete and shall forward complete applications as necessary, with all maps, plans, and other data, to the commission.
(1) Waiver. If the community development staff determines that any plans or supportive information which may be required under specific submittal procedures and/or checklist(s) is superfluous, unnecessary or inappropriate, or that providing said information would cause undue hardship, it may recommend the commission waive the required provision of the unnecessary or burdensome information, except if such waiver would adversely affect the public health, safety or general welfare, or would nullify the intent and purposes of this section or ordinance.
(2) Electronic permitting. Where an application is received for construction, repair, replacement or removal of a structure through the town's electronic permitting platform and is determined by the director of community development that the scope of work is sufficiently limited to be allowed via administrative approval as authorized by subsection (c)(1) below, then no formal application shall be required. Further, the director shall be authorized to approve said application without the necessity of printing a certificate of appropriateness or recommendation of compatibility.
(c) Categories of application. There shall be two categories of application for certificates of appropriateness and recommendations of compatibility.
(1) Administrative review. The community development director or his/her representative serving as administrative officer shall be authorized to approve via the town's e-permit platform or issue certificates of appropriateness and recommendations of compatibility for simple repairs, in-kind repairs or replacements and other minor exterior work, including but not limited to:
a. Roof repair or replacement in-kind;
b. Limited new installation of siding, trim or detail , or replacement or repair in-kind*;
c. Limited new installation of gutter or replacement or repair in-kind*;
d. Limited new installation, refurbishment (but not replacement) of existing windows or doors*
e. Limited new installation or minor repairs to existing stonework or masonry*;
f. Repairs to existing awnings, exterior mechanical, electrical, heating and cooling systems or signs, or in-kind replacement thereof;
(1) Installation of ancillary systems to the site such as in-ground sprinklers, HVAC units, generators, lighting and other facilities not directly attached to the primary structure which are visually buffered and are not located in the front yard.
g. Repairs to existing fencing, or in-kind replacement thereof; also installation of new fencing where its view is limited due to height, design or distance from adjacent street frontage.
h. Removal of asbestos, asphalt or other artificial siding when original siding is to be repaired or re-established;
i. Repaving, replacement, or resurfacing in kind of existing driveways or parking areas;
(1) Replacement, or resurfacing in kind of existing paths, patios or walkways.
j. Subsequent phases of a multi-phased project where COA for the first phase of the project has been rendered including specifications for materials and methods to be used in completion of the project;
(1) Modifications to approved COA—If the administrative officer determines the modification is so minor as to have negligible effect on the structure's design and/or character-defining features, then he/she shall be authorized to approve said modification by administrative review*.
k. Installation and/or minor alterations to ancillary non-contributing structures where the main structure on the property is a contributing structure; and
l. Other minor work or alterations that would not be detrimental to the historic character of the primary structure, accessory structure or site landscaping.*
m. Placement of temporary structures onsite or prefabricated permanent structures of less than 144 square feet in area located in an inconspicuous area of a side or rear yard*.
* For these actions the community development director shall not issue an approval until after conferring with the chair of the historic district commission on the appropriate action and if no agreement is made, then the application shall be forwarded to the commission for a formal hearing.
(2) Historic district commission review. The commission shall be authorized to issue certificates of appropriateness and recommendations of compatibility for all other exterior construction or alteration which cannot be administratively approved by the staff pursuant to subsection (c)(1) above, including but not limited to:
a. Roof replacement or alteration not in-kind;
b. Siding, trim or detail replacement or alteration not in-kind;
c. Gutter replacement or alteration not in-kind;
d. Replacement or alteration of all or any significant part of a window or door, or opening therefor;
e. Significant repairs to, or alterations or extensions of, stonework or masonry;
f. Installation, alteration or replacement not in-kind of awnings, mechanical systems or signs;
g. Installation, alteration or replacement not in-kind of fences, walls or other barriers or fixtures;
h. Installation or non in-kind repaving or resurfacing of existing paths, patios and driveways;
i. Other exterior alterations of existing structures, or replacements thereof;
j. Construction of additions, new buildings or accessory structures;
k. Demolition or similar removal of all or any part of any building or structure; and
l. Significant modification of landscaping, or any landscape modification affecting specimen trees or other flora.
Recommendations of compatibility for work affecting over 50 percent of a non-contributing structure's exterior facade shall be issued only by the HDC.
(d) Incomplete applications shall be returned to the applicant within ten working days of notice by the community development staff if the applicant has not responded or provided a timeline to submit necessary documents to complete the application.
(e) Commission review. When required, the historic district commission shall convene a hearing to review the application, giving consideration to the following:
(1) The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
(2) The relationship of the exterior architectural features of such structure which are to be affected to the rest of the structure and to the surrounding area;
(3) The appropriateness and compatibility of exterior design, arrangement, texture, siting and materials proposed to be used; and
The commission shall confine their review of an application solely to exterior features of a structure. The commission shall neither consider interior arrangements, nor shall it disapprove applications except in regard to the considerations set forth above. It is not the intent of this ordinance to limit new construction, alteration, or repairs to any one period of architectural style. Furthermore, it is not the intent of this ordinance to impart additional historical architectural components unoriginal to structures within the districts; decorative and architectural additions to structures (particularly to non-contributing structures) are voluntary.
(Ch. 917, § 1, 7-20-2009;Ord. No. 1011, §§ 1, 2, 6-15-2015; Ch. 1105, §§ 6—8, 2-21-2023)