Sec. 48-421. - Definitions.

In addition to the definitions contained in sections 48-2 and 48-396 of this chapter, the following words, terms and phrases, when used in this subdivision, shall have the meaning ascribed to them in this section:

(a)

Neighborhood conservation district means an area with specifically defined geographic boundaries, whose value is related to and established by association with the close proximity of structures that have certain identifiable attributes embodied in use, urban design or architecture, and the surrounding geographical features which complement the existing uses. The term neighborhood conservation district is separate and distinct from the term city historic district, in that one district or neighborhood cannot qualify for both designations.

(b)

Streetscapes pertain to all components that are visible from a public right of way, including, but not limited to:

(1)

Street arrangements, patterns and widths;

(2)

Property shapes, sizes and roof forms; and

(3)

Housing type, size and setback.

(c)

In public view means the front or primary facade(s) of a structure that is (are) visible from an adjacent public way or street, or in the case of a corner property, both facades facing the primary right-of-way.

(d)

Character defining features are any architectural, built or landscaped elements which serve to identify a particular streetscape or viewshed and set it apart from the surrounding streets, views or areas; that which makes a building, street or view unique.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-422. - Purpose of neighborhood conservation districts.

(a)

The purpose of this subdivision is to provide for the creation of a zoning overlay category which recognizes the historic, architectural and cultural resources and merits of areas within the city, which shall be designated as neighborhood conservation districts. This new category will be identified on the supplemental building zone map.

(b)

Neighborhood conservation district(s) are in addition to, but separate and distinct from, the original city historic districts.

(c)

Within neighborhood conservation districts, review procedures shall be mandated so as to:

(1)

Identify and ensure the conservation of historic materials which serve to visually distinguish the district from the areas that surround it;

(2)

Ensure sympathetic treatment regarding the built environment's original design, intent and scope (including but not limited to site planning, site design and landscaping); and

(3)

Preserve significant natural landscape features and man-made streetscapes.

(d)

Neighborhood conservation districts may be designated where traditional city historic district protection is not feasible due to:

(1)

Lack of community support;

(2)

Lack of property owner support;

(3)

Lack of political support; or

(4)

A built environment whose resources do not meet the qualification criteria of either the National Register of Historic Places or city historic districts.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-423. - Designation of neighborhood conservation districts.

The city council may from time-to-time designate certain areas in the city as neighborhood conservation districts and may define and amend their boundaries. Such areas shall be submitted as proposed neighborhood conservation districts to city council by the planning commission and design review and preservation commission. Such proposals will be based on an inventory of the buildings and properties within the proposed boundaries of the district, and an analysis by the department of planning of the appropriateness for designation as defined in this subdivision.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-424. - Application process/certificate of appropriateness.

(a)

Any property owner or resident wishing to perform any work, including but not limited to, alterations, changes, additions or removal of character defining features which will affect the exterior of a property or identified streetscape as defined in section 48-421(c) shall be required to apply to the department of licenses and inspections to obtain a building permit. The application shall be referred to the department of planning for assessment of the proposed work and determination of the appropriate review procedure required by section 48-425 of this chapter.

(b)

Items that do not require a building permit but which are subject to review by virtue of their inclusion in the district include:

(1)

Exterior doors and storm doors;

(2)

Windows and storm windows;

(3)

Painting or otherwise covering of historically unpainted masonry; and

(4)

Fencing that is within the front yard, and also the side yard facing the right-of-way if the property occupies a corner lot.

(c)

The application shall include the following:

(1)

A complete written or typed explanation of the proposed project, with all work elements clearly outlined;

(2)

A complete set of photographs showing the property and the adjacent streetscape;

(3)

Manufacturer's and/or vendor's specifications for any materials, building element or chemical to be used in the proposed project;

(4)

Any other information deemed necessary by either the department of planning or the department of licenses and inspections, including but not limited to information enumerated in section 48-417 of this chapter; and

(5)

The legal filing date, which shall be the date when the applicant has completed the submission of all required materials.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-425. - Review procedures.

(a)

Planning department review procedures/pre-determined categories of review:

(1)

If the planning department determines that the proposed changes are consistent with the neighborhood conservation district design guidelines, a certificate of appropriateness for the proposed work will be issued. The applicant shall present the certificate to the department of licenses and inspections in order to complete the application for a building permit, contingent upon compliance with all applicable building code requirements. In the event that a building permit is not necessary, the certificate of appropriateness shall serve as notice to proceed. The certificate shall be visibly posted on the job site for the duration of the work.

(2)

Items automatically reviewed by planning department staff:

i.

Maintenance. Regular repair and upkeep of a property within a neighborhood conservation district, provided the proposed project does not involve the removal of historic materials, either decorative or functional. Maintenance, for the purposes of this section, shall not include any work which creates a change in the fenestration of facade openings viewable from the public right of way, such as windows, doors or garage doors, including changes in the historic opening of a window frame, door frame or garage door frame by bricking or blocking in, down, or up to accommodate modern materials and modification to historic materials.

ii.

Facade changes. Any change in appearance of the facade(s) facing the principal right of way and which affect less than 25 percent of the facade.

iii.

Rehabilitation projects. Projects that would introduce compatible materials, which restore or otherwise complement and remain consistent with the historic character and fabric of the neighborhood.

(3)

Appeal of planning department review. Any decision rendered by the planning department which is not acceptable to the applicant may be appealed to the city design review and preservation commission. A written request must be received by the department of planning from the applicant, along with all necessary documentation for the request within ten days of the date of the decision rendered by the department of planning. If such an appeal is requested, the case will be placed on the next regularly scheduled meeting agenda of the design review and preservation commission. Documentation for such an appeal shall be the same as that set forth in section 48-417. The timetable for such an appeal shall be as set forth in section 48-416

(b)

Items requiring design review and preservation commission (DRPC) review include:

(1)

All work not otherwise defined in section 48-425(a)(2) of this chapter.

(2)

Items automatically requiring DRPC review, including:

i.

All new stand-alone construction;

ii.

Any addition visible from the principal right of way which increases the primary building's footprint;

iii.

Those items that affect more than twenty-five percent of the appearance of the facade in public view;

iv.

Those items that alter the rhythm or fenestration of the facade;

v.

Those items that change the footprint of the main building or structure, either by introducing new construction or through demolition, which are visible from the primary right of way.

(3)

No building permit for the proposed work will be issued until after the DRPC has made a determination in such a case. The work may be revised by the applicant to be consistent with the planning department's recommendations pertaining to section 48-425(a)(2) of this chapter prior to DRPC review.

(4)

All demolition permits shall be reviewed by the department of planning in accordance with section 48-36

(5)

After a case has been referred to the design review and preservation commission, it will follow the procedure and timetable outlined in section 48-416 of this chapter.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-426. - Appeal process.

(a)

If a case is reviewed by the city design review and preservation commission and the applicant is not satisfied with the decision, the applicant may appeal to the commissioner of the department of licenses and inspections. The request for an appeal must be in writing and filed with the commissioner of the department of licenses and inspections, with a copy to the DRPC coordinator in the department of planning, within ten business days of the dispatch of the DRPC decision to the applicant.

(b)

Documentation for the appeal must include:

(1)

A full set of architectural plans/elevations for the proposed project;

(2)

A full set of photographs showing the individual building impacted and the surrounding streetscape which would be affected by the work;

(3)

A written statement explaining the proposed work and why it would not have a detrimental effect on the building and surrounding district;

(4)

Any additional supporting documentation germane to the appeal.

(c)

The commissioner of the department of licenses and inspections shall review the documentation listed above, and make a decision within ten (10) business days of receipt of all required documents.

(d)

Appeals of a decision of the commissioner of the department of licenses and inspections shall be referred to the zoning board of adjustment, and shall follow the provisions of article II, division 3 of chapter 48. Appeals may be brought either by the applicant or by the design review and preservation commission in the event that the commissioner of licenses and inspections reverses a decision of the design review and preservation commission. Documentation required for the appeal is set forth in section 48-420(a) and (b) of this chapter.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Sec. 48-427. - Establishment of design guidelines.

Design guidelines shall be established and adopted by the design review and preservation commission, and amended as necessary.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Secs. 48-428—48-430. - Reserved.