Sec. 48-413. - Designation of historic districts.
Sec. 48-415. - Review commission.
Sec. 48-417. - Required submittals to design review and preservation commission.
Sec. 48-419. - Unauthorized work.
(a)
Generally. For each, any and every violation of the provisions of this subdivision, the owner, or the owner's general agent, or the owner's contractor, of a building or structure where such violation has been committed, or shall exist, and the lessee or tenant of an entire building or entire structure where such a violation has been committed, or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or structure in which part of such violation has been committed, or shall exist, and the general agent, architect, builder, contractor, or any person who knowingly commits, takes part, or assists in any such violation, or who maintains any building or structure in which any such violation shall exist, as any of the same may be applicable, shall be liable upon conviction thereof to a fine or penalty not to exceed $300.00 for each, any and every offense. Whenever such persons shall have been officially notified by the building code official or other duly authorized agent, or by service of a summons and a prosecution, or in any other official manner, that he is committing a violation of the provisions of this section. Each day's continuance of such violation after such notification shall constitute a separate offense punishable by a fine or penalty. Any such fines and penalties shall be in addition to, and not in lieu of, any other fines, penalties and remedies provided by law for such cases.
(b)
Demolition without permit. Upon verification by the commission that a building or structure of historic significance has been demolished prior to issuance of a demolition permit, the building code official shall take immediate action to initiate prosecution of such violation with the intent of invoking the maximum penalties as provided by law against the person responsible for the demolition.
(c)
Demolitions. Any person violating any of the provisions of this division applicable to the demolition of property shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each violation.
(Code 1968, § 48-59.1(h)(8), (h)(10); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)
The building code official, or other authorized officer or employee of the department of licenses and inspections, and the planning department shall review the progress and status of proposed changes and render such reports thereon to the commission as may be necessary to assure compliance with the provisions of this subdivision and the conditions of any certificate of appropriateness. To that end, the building code official shall call upon the staff of the planning department to provide whatever technical assistance may be deemed necessary to ascertain and construe such recommendations as may have been issued or approved by the commission.
(Code 1968, § 48-59.1(h)(9); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)
Sec. 48-413. - Designation of historic districts.
The city council may from time-to-time designate certain areas in the city as city historic districts and may define and amend their boundaries. Such areas shall be submitted as proposed city historic districts to city council by the design review and preservation commission based on an inventory of the buildings and areas of the city, and an analysis of their appropriateness for designation under the definition in this subdivision. This inventory and any recommendation to city council concerning the establishment, amendment, or deletion of historic districts shall first be submitted for comment to the state historic preservation officer, the Historical Society of Delaware, and any other interest groups for their review and recommendation. Following submission to city council, the provisions of article II, division 2 of this chapter shall be fully applicable.
(Code 1968, § 48-59.1(c); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)
(a)
Nothing contained in this subdivision or in the designation of property as being in a historic district shall affect the present legal use of the property. Use classifications for all properties which are included in a historic district shall continue to be subject to the general zoning ordinance of the city and the procedure therein established.
(b)
In no case, however, shall any use be permitted which requires the demolition, razing, remodeling or alteration of any building or structures in such districts so as to adversely affect the character of the district, except upon compliance with the terms of this subdivision. For purposes of clarity in the designation of such property, all properties located in a historic district shall be recorded as such by the planning department in the offices of the zoning administrator, the department of licenses and inspections, the department of parks and recreation, and the department of public works, and shall be available for public inspection in the planning department.
(c)
No provision in this subdivision shall be construed as prohibiting a property owner from continuing to use a property for a nonconforming use as that term is defined in section 48-38
(d)
Nothing in this subdivision shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures affected by this subdivision which do not involve change in design, material, or the outward appearance thereof, nor to prevent the construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar and duly authorized city officer or employee shall certify as being required for the public safety.
(Code 1968, § 48-59.1(d); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)
Sec. 48-415. - Review commission.
(a)
The review commission for historic districts shall be the design review and preservation commission.
(b)
The design review and preservation commission (commission) was established by city council to protect designated city historic districts and other special commercial zoning districts where design considerations are significant. The commission consists of seven members: one ex officio member of the city planning commission, or his alternate, and six persons who shall hold no other public office but who shall have backgrounds in any or all of architecture, planning, urban design, real estate construction, environmental systems, history, or fine arts or other pertinent disciplines. These six people are appointed by the mayor. The commission is charged with reviewing the effects of proposed building alterations, demolitions, and new construction in the historic districts, and with formulating advisory recommendations to the commissioner of licenses and inspections, that department, and the planning department. The commission is assisted by staff from the planning department, the law department, and the department of licenses and inspections.
(c)
The commission shall be authorized to adopt such rules of procedure as it shall deem necessary, subject to the approval of the administrative board, which shall be used for its own internal governance, for the administration of and guidelines for the activities, duties and functions of its members, and for the conduct of its proceedings.
(Code 1968, § 48-59.1(e); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)
Cross reference— Design review and preservation commission, § 2-66 et seq.
(a)
The building code official shall not issue a permit for construction, reconstruction, alteration, restoration, or demolition in a historic district without the recommendation of the design review and preservation commission unless the commission fails to take action as provided in this section. Within five days of the filing of an application for a permit for the construction, reconstruction, alteration, restoration, or demolition in a historic district, the building code official shall submit the application and such additional material as shall be required to the commission for its review and recommendation. The filing date shall be the date when the applicant has completed the submission of all required materials.
(b)
Within 45 days of the completion of an application and supporting documentation and their filing with the building code official, the commission shall meet to review the application, notifying the applicant and other interested parties of the time and place of the meeting. The commission shall:
(1)
Act upon each application within 60 days from the date of filing of the application; or
(2)
If action is not taken within 60 days from the date of filing, the application shall be deemed to be approved, and a certificate showing the filing date and failure by the commission to take action within the stated time shall be issued by staff for the commission, if requested.
This 60-day time limit may be waived by mutual consent of the applicant and the commission.
(c)
If the commission recommends that the building code official not issue a permit, its report shall indicate to the applicant the changes in plans and specifications, if any, which, in the opinion of the commission would protect the distinctive character of the historic district. The applicant may agree to the changes immediately or within five days, or may resubmit his application. The commission may withhold its report to the building code official for a period of five days to allow the applicant to decide whether or not to make the suggested changes in his plans and specifications. If the applicant determines that he will make the suggested changes, he shall so advise the commission within that five-day period of time.
(d)
The commission shall, after meeting and considering the application, and after any changes in plans or specifications have been made, within five working days following such meeting, or after being advised by the applicant of acceptance of suggested changes, shall submit to the building code official, in writing, its recommendation concerning the issuance of a permit for construction, reconstruction, alteration, renovation, or demolition in the historic district. This written report shall include a brief description of the application, the commission's opinion concerning the effects of the work proposed in the application on the historic district, and the recommendation of the commission concerning the application.
(e)
(1)
Upon receipt of a written report from the commission, recommending approval of the application or upon failure by the commission to take action as provided in subsection (2) hereof, the building code official may issue the requested permit.
(2)
Upon receipt of a written report from the commission recommending changes in the plans and specifications before the issuance of a permit, the building code official shall submit the commission's report to the commissioner of licenses and inspections. The commissioner shall consider the application and the commission recommendation, and within 15 days, the commissioner shall direct the building code official to issue or not issue the permit. The decision shall be transmitted forthwith to the applicant and to the commission. Any permit thereby authorized shall not be issued until all applicable appeal periods have expired.
(3)
Upon receipt of a written report from the commission recommending denial of a permit, the building code official shall submit the commission's report to the commissioner of licenses and inspections. Upon consideration of the application and the commission's recommendation, if the commissioner denies or otherwise does not affirm the recommendation(s) of the commission, within 15 days from the date of receipt of the commission's report, the commissioner shall submit a written report to the commission documenting his findings. The decision of the commissioner regarding the case shall be transmitted to the applicant and to the commission. Any permit so authorized shall not be issued until all applicable appeal periods have expired.
(4)
Appeals from the decision of the commissioner shall proceed as set forth in article II, division 3 of this chapter section 48-66 et. seq., to the zoning board of adjustment by appeal in writing filed with the zoning administrator. The appeal period for the design review commission is five days, and the appeal period for applicants is ten days. The said appeal periods are specified in the "Rules of Procedure of the Zoning Board of Adjustment," article II, no. 5.
(f)
An application for a permit for a property that is located in a city historic district shall be filed with the department of licenses and inspections. Following the filing of such application for a permit, the matter shall be referred by the department of licenses and inspections to the department of planning and development for its scheduling of review by the design review and preservation commission ("DRPC") at its next regular meeting. Following review by the DRPC, if the matter is approved, that approval shall be valid for 180 days, within which the applicant, or property owner, must complete the permit application and obtain all required permits.
Thereafter, in addition to and not in lieu of any other provision of the City Code, any permit issued pursuant to this section or any other applicable section of this Code by the design review and preservation commission or pursuant to a decision of the design review and preservation commission shall be valid for 180 days following the date of issuance of such permit. On the 181st day following its date of issuance, any such permit shall be of no further force and effect if substantial work or substantial actions pursuant to such permit have not been taken by the applicant or agent for the applicant to whom such permit has been issued. Any determination of "substantial work or substantial action" shall be made by the commissioner of licenses and inspections or the commissioner's designee.
(Code 1968, § 48-59.1(f); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 96-061(sub 1), § 1, 11-7-96; Ord. No. 99-097(sub 1), § 1, 12-16-99)
Sec. 48-417. - Required submittals to design review and preservation commission.
(a)
Sign proposals. The following shall be required:
(1)
A sign permit application from the department of licenses and inspections signed by the owner of the premises.
(2)
A commission application from the applicant listing and identifying all drawings, samples and exhibits included with the application.
(3)
Current color photographs of the property showing its present condition which accurately represents the existing material, colors, and textures. In addition, color photographs of all adjacent sites, buildings, and other improvements clearly showing the style and character of the area. All photographs shall be labeled to indicate the direction of view.
(4)
An elevation drawn to scale showing the size of the sign in relation to the building, the location of the sign, spacing of the letters, all details of construction, colors, and textures; complete with dimensions showing ground clearance, length, height, width and projection of sign.
(5)
Any further and additional information deemed necessary by the planning department.
(b)
New construction/renovation/alteration proposal and demolition proposals.
(1)
A building permit application from the department of licenses and inspections signed by the applicant-owner of the premises.
(2)
A commission application listing and identifying all drawings, samples, and exhibits included with the application.
(3)
Current color photographs of the property showing its present condition and which accurately represent the existing material colors and textures. In addition, color photographs of all adjacent sites, buildings, and other improvements clearly showing the style and character of the area shall be provided, if requested. All photographs shall be labeled to indicate the direction of view.
(4)
A site plan of the property, identical to the site plan required by the department of licenses and inspections or the zoning administrator, showing the location of all existing and proposed improvements.
(5)
A plan showing any exterior lighting, provisions for trash storage and removal, locations of air conditioning equipment, transformers, signs, fences, or walls, and other equipment or construction.
(6)
Color elevations, drawn to scale, of all sides of the building showing complete architectural details and including all exterior equipment, and appurtenances located on the roof, the walls and on the ground. All existing and proposed finishes and materials shall be identified, noted on the elevations, and keyed to the samples if requested.
(7)
A color perspective rendering of the proposal showing the form, style, and scale of the project; all rooftop equipment and screening proposed; signs, landscaping and other architectural features. Such renderings shall be as accurate as possible with respect to actual scale and color representation.
(8)
A set of floor plans and details showing location of entrance, windows, halls, rooftop equipment, etc.
All items required by this subsection shall be submitted in sets of ten except subsections (1), (2) and (7); all reductions shall be in a size not greater than 11 inches by 17 inches.
(c)
Demolition proposals. The following shall be required:
(1)
A commission application stating reasons for the proposed demolition, citing structural engineering reports or other relevant and pertinent material. In addition to the letter, the applicant shall list and identify all drawings, samples, and exhibits included as part of the application.
(2)
A demolition permit application from the department of licenses and inspections signed by the applicant-owner of the premises.
(3)
Current color photographs of the property showing its present condition. Provide photographs of all adjacent sites, buildings, and other elements.
(4)
An explanation of attempts to preserve the building, including economic feasibility, or other information pertinent to the demolition, such as market studies, economies of scale, etc.
(5)
Considerations for architectural documentation of buildings built before 1950. Provisions for Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) recordation of structures which are of significant historical age, or possess unique architectural or engineering components, or both.
(6)
Provisions that are being made for urban archaeological exploration, interior or exterior.
(7)
Any further and additional information deemed necessary by the planning department.
All items required by this subsection shall be submitted in sets of ten, except subsections (1) and (2); all reductions shall be in a size not greater than 11 inches by 17 inches.
(Code 1968, § 48-59.1(i); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)
(a)
Generally. The standards set forth in this section shall be applicable to all properties located in historic districts. Those standards that are identified as general elements can be approved by the department of licenses and inspections following review by the planning department. These activities do not need the review of the design review and preservation commission. Other standards which are not subject to permit requirements, but which are applicable in city historic districts are identified as nonpermit actions.
(b)
Nonreviewable activities. Application for a nonreviewable activity is still required; however, the application is submitted to and the review is done by the planning department. The following are to be known as general elements. They are standards that are applicable in historic districts, but which are deregulated, to the extent that commission approval of specific proposals is not required, but all applicable building permits shall be obtained in accordance with applicable provisions of law. Compliance with the general elements shall be required. The general elements are:
(1)
Ordinary maintenance or repairs which do not involve a change of design, material type, or of the outward appearance of a building, unless otherwise provided in this section.
(2)
Installation or removal of any tree on public property. The installation or removal of trees within the public rights-of-way are subject to approval by the department of parks and recreation, pursuant to the provisions of section 46-32
(3)
Rehabilitation proposals that follow the U.S. Secretary of the Interior standards for investment tax credits, provided that documentation is submitted to and approved in writing by the planning department.
(4)
Repair or replacement with in-kind materials regardless of color selected, such as, by way of example only, white asphalt shingles replaced with yellow asphalt shingles.
(5)
Installation of identification signs, including address numbers in residential districts. All signs are and shall be subject to the provisions of chapter 41 of this Code.
(6)
Renewal of expired proposals that received a building permit, where no change in approved plans is being proposed and where there is no change in the circumstances under which the permit was issued, except for and not including any demolition subject to the provisions of this section.
(7)
Installation of seasonal fixtures and elements, including but not limited to air conditioners, swimming pools, or temporary holiday decorations.
(8)
Other than for new construction, the application of any paint or stain of any color to any surface other than unpainted masonry surfaces, or metal surfaces, such as exterior siding, or both.
(9)
Construction, reconstruction, alteration or demolition of any such feature which the building inspector has certified as being required for public safety purposes because of an unsafe or hazardous condition.
(10)
Any design element that has been established by the planning department as being consistent with approved policy shall be exempt from review, provided that the plans for such design element are clearly consistent with the policy that has been established for such design element by the commission, such as, but not limited to open slat security gates.
(c)
Actions having irreversible effects. The following items that may require a building code permit, have irreversible effects, and, therefore, shall be regulated and reviewed by the commission prior to the issuance of any required building code permit, or prior to the action being done lawfully, if no permit is required, as the case may be:
(1)
Any paint or stain of any color on any previously unpainted metal, masonry, or brick surface, such as copper, granite, brick, sandstone, or concrete, in any city historic district (building code permit required).
(2)
Any change of existing terrain or topography, and the resulting landscape treatment, in any city historic district.
(3)
Fencing of any height, style, or material that is proposed to be located anywhere on any property in any city historic district, except that administrative review by the planning department of any or all such fences in some or all locations in city historic districts may be authorized, provided that the design review and preservation commission first develops and promulgates appropriate policies, standards and procedures for such administrative review by the planning department.
(d)
Landscaping. Each owner of property in a historic district shall preserve and maintain all natural or existing topographic patterns that contribute greatly to the aesthetic or historic quality of an area. Any modification of or to the existing terrain, such as berms, fill, or similar items, shall be subject to the design review process.
(e)
Design guidelines. The commission shall adopt architectural and design guidelines which shall specify characteristic materials, colors, signage, landscaping, and other design-related considerations deemed appropriate in the specific design or historic district. The guidelines shall be applicable to all properties in city historic districts and in any other zoning district within the jurisdiction of the commission and the guidelines shall be used as reference materials in assisting the commission in making appropriate design decisions. Such guidelines shall be submitted to the city council for its approval by resolution prior to becoming effective.
(f)
Economic hardship. The commission will recognize the community's needs and resources, while basing its decisions on historical, architectural, aesthetic and legal considerations. Every attempt will be made to find the most cost-effective design solution that still will promote achieving the purpose and the intent of the city historic district requirements of this section.
(Code 1968, § 48-59.1(h)(1)—(h)(5); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 94-051(sub 1), § 1, 10-20-94)
Sec. 48-419. - Unauthorized work.
The commission may approve proposed use of specific materials and proposed work, but each property owner shall be responsible for the removal of any work not approved by the commission, the replacement of materials used, or the restoration of an original architectural element to its prior condition, or any of the foregoing when, as, and if recommended by the commission.
(Code 1968, § 48-59.1(h)(7); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)
(a)
Generally. The zoning board of adjustment shall hear appeals in accordance with the provisions of article II, division 3, section 48-66 et. seq., of this chapter and may consider such evidence of economic hardship, including such documentation as set forth below:
(1)
Estimates of the costs of the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the recommendations of the commission for changes deemed necessary for its approval of the proposal.
(2)
A report from a registered engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
(3)
The estimated market value of the property in its current condition; such value after completion of the proposed construction, alteration, demolition, or removal; such value after any changes recommended by the commission and, in the case of a proposed demolition, such value after renovation of the existing property for continued use.
(4)
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
(5)
Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record, or the applicant, and the person from whom the property was purchased, and any terms of financing between the seller and the buyer.
(6)
If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous two years.
(7)
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the same period.
(8)
All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.
(9)
Assessed value of the property according to the current county tax assessment.
(10)
The city and county real estate taxes paid for the previous two years.
(11)
The form of ownership or operation of the property, sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other such form.
(12)
Any other information deemed necessary by the zoning board of adjustment in making its determination.
(b)
Appeals by the commission. The commission shall have the right of appeal to the zoning board of adjustment of any decision in which the commissioner of licenses and inspections modifies, or reverses, or otherwise does not affirm or accept a decision or recommendation of the commission. The commission shall have five days, beginning on the date of the department of planning's official receipt (date-stamped) of the commissioner's report, within which to file its appeal.
(1)
Findings required. The commissioner of licenses and inspections, prior to the issuance of a permit shall submit a written report to the commission documenting his findings whenever a commission decision is being modified or reversed, or otherwise not affirmed, by the commissioner of licenses and inspections or by the zoning board of adjustment.
(2)
Denial. In the event of the commissioner's denial of a commission recommendation, such denial shall be in the form of a written statement to be submitted through the department of planning to the commission within 15 days following the date of the commission's decision or recommendation and prior to the applicant obtaining a permit.
(3)
Written statement by commissioner. The commissioner's written statement shall set forth the reasons for the decision, or for the denial, referring to such criteria which were relevant to the decision. A copy of such findings shall accompany the official recommendation from the commissioner.
(c)
Nothing in this section shall be construed so as to prevent the demolition or other modification of a structure whenever public safety is of overriding concern, as determined by the commissioner of licenses and inspections, as provided in the emergency demolition procedures of the building code.
(Code 1968, § 48-59.1(g)—(h)(6); Ord. No. 92-029, §§ 1, 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 99-097(sub 1), § 1, 12-16-99)
Cross reference— Amendments to building code, § 4-27