§ 14-25. Application to historic preservation commission for certificate of appropriateness.

(a)

Approval of alterations, demolitions or new construction in historic districts or involving historic properties: After the designation by ordinance of a historic property or of a historic district, no historic property may be demolished, no building or structure in a historic district may be erected or demolished and no material change in the exterior appearance of such historic property, or of a structure, site, object or work of art within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the commission.

(b)

Approval of new construction within designated districts: The commission shall issue certificates of appropriateness to new structures constructed within designated historic districts if these structures conform in design, scale, building materials, setback and landscaping to the character of the district specified in the design criteria developed by the commission.

(c)

Approval of signs within designated districts: Signs shall be considered as structures and no sign on a historic property or in a historic district shall be changed, erected or demolished unless and until a certificate of appropriateness is approved by the commission.

(d)

Approval of alterations or demolitions of public property within historic districts or public property which was been designated as a historic property: The requirement of a certificate of appropriateness shall apply to public property which was been designated as a historic property or which is contained in a historic district, and shall apply to all actions by public authorities which involve historic properties and properties within historic districts.

(e)

Approval of painting originally unpainted surfaces: The painting of originally unpainted surfaces shall require a certificate of appropriateness.

(f)

Interior alterations: In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effect on exterior architectural features.

(g)

Failure to maintain a historic property: Demolition by neglect and the failure to maintain a historic property or a structure in a historic district shall constitute a change for which a certificate of appropriateness is necessary.

(h)

Guidelines and criteria for certificates of appropriateness: The commission shall adopt rules and regulations setting forth the procedure for submission and consideration of applications for certificates of appropriateness. The commission shall also adopt general design standards which shall apply in considering the granting and denial of certificates of appropriateness. Design standards shall be in compliance with the Secretary of the Interior's "Standards for Historic Preservation Projects" including the Secretary's "Standards for Rehabilitation."

(i)

Submission of plans to commission: An application for certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the commission. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site.

(j)

Acceptable commission reaction to applications for certificate of appropriateness:

(1)

The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of the other structures in the immediate neighborhood.

(2)

The commission shall deny a certificate of appropriateness if it finds that the proposed material change(s) in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district. The commission shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans for the site.

(k)

Public meetings and hearings on applications for certificates of appropriateness, notices and right to be heard: Applications for certificates of appropriateness shall be considered by the commission at public meetings, held at 5:30 p.m. in the Tuscumbia Utilities Auditorium, the second Tuesday of each month. At least seven (7) days prior to review of a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application, and shall give applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

(l)

Deadline for approval or rejection of application for certificate of appropriateness:

(1)

The commission shall approve or reject an application for a certificate of appropriateness within forty-five (45) days after the filing thereof by the owner or occupant of a historic property, or of a historic structure, site, object or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States Mail to the applicant and all other persons who have requested such notice in writing filed with the commission.

(2)

Failure of the commission to act within said forty-five (45) days shall constitute approval and no other evidence of approval shall be needed.

(m)

Necessary actions to be taken by commission upon rejection of application for certificate of appropriateness:

(1)

In the event the commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

(2)

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such cases, no building permit shall be issued.

(n)

Appeals: Any person having a request for a certificate of appropriateness denied by the commission, or architectural review board as hereinafter provided, may appeal such denial to the circuit court.

(o)

Recording of applications for certificate of appropriateness: The commission shall keep a public record of all applications for certificates of appropriateness and of all the commission's proceedings in connection with said application.

(p)

Requirements of conformance with certificate of appropriateness:

(1)

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the commission shall issue a cease and desist order and all work shall cease.

(2)

The city council or the commission shall be authorized to institute any appropriate action or preceding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article or to prevent any illegal act or conduct with respect to such historic property or historic district.

(q)

Certificate of appropriateness void if construction not commenced: A certificate of appropriateness shall become void unless construction is commenced within six (6) months of date of issuance. Certificates of appropriateness shall be issued for a period of eighteen (18) months and are renewable.

(r)

Technical advice: The commission shall have the power to seek technical advice from outside its members on any application.

(Ord. No. A-74, § 5, 6-19-90)