A.
A certificate of appropriateness issued by the Commission shall be
required before a building permit, moving or demolition permit is
issued by the City Building Inspector for any designated historic
landmark or any building, structure or site or part thereof in an
historic preservation district. A certificate of appropriateness shall
also be required if the building, structure or site will be altered,
painted, extended, reduced or repaired in such a manner as to produce
a major change in the exterior appearance of such building or structure.
Such major changes include, but are not limited to:
(1)
Major changes by addition, alteration, maintenance, painting, reconstruction,
rehabilitation, renovation, restoration or repair.
(2)
Any new construction and demolition in whole or in part requiring
a permit from the City of Mendota.
(3)
Moving a building.
(4)
Any construction, alteration, demolition, or removal affecting a
significant exterior or interior architectural feature as specified
in the ordinance designating the landmark or historic preservation
district.
B.
An exception to the certificate of appropriateness shall be made
if the applicant shows to the Commission that a failure to grant the
permit will cause an imminent threat to life, health or safety.
C.
Every application for a building permit, moving or demolition permit,
including plans and specifications, shall be forwarded by the City
of Mendota to the Historic Preservation and Restoration Commission
within 15 days following receipt of the application by the City.
Applications for a certificate of appropriateness are available
from the Secretary of the Historic Preservation and Restoration Commission.
Such application shall be completed and submitted to the Secretary,
who shall forward the applications to the Commission. The application
for issuance of a certificate of appropriateness must include:
A.
Street address of the property involved.
B.
Legal description of the property involved.
C.
Brief description of the present improvements situated on the property.
D.
A detailed description of the construction, alteration, demolition
or use proposed, together with any architect drawings or sketches
if those services have been utilized by the applicant and, if not,
a sufficient description of the construction, alteration, demolition,
and use to enable anyone to determine what final appearance and use
of the real estate will be.
E.
Owner's name.
F.
Developer's name, if different than owner.
G.
Architect's name.
H.
A filing fee.
In making a determination whether to approve or deny an application
for a certificate of appropriateness, the Mendota Historic Preservation
and Restoration Commission shall be guided by the Secretary of the
Interior's "Standards for Rehabilitation" as follows:
A.
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site environment.
B.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
C.
Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historic development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
D.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
E.
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
F.
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture,
and other visual qualities, and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical,
or pictorial evidence.
G.
Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning
of the structures, if appropriate, shall be undertaken using the gentlest
means possible.
H.
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
I.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
J.
New additions and adjacent or related new construction shall be undertaken
in such a manner that, if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
Design guidelines for applying the criteria for review of certificates
of appropriateness shall, at a minimum, consider the following architectural
criteria:
A.
Height. The height of any proposed alteration or construction should
be compatible with the style and character of the landmark and with
surrounding structures in an historic preservation district.
B.
Proportions of windows and doors. The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the landmark.
C.
Relationship of building masses and spaces. The relationship of a
structure within an historic preservation district to the open space
between it and adjoining structures should be compatible.
D.
Roof shape. The design of the roof, fascia, and cornice should be
compatible with the architectural style and character of the landmark.
E.
Landscaping. Landscaping should be compatible with the architectural
character and appearance of the landmark.
F.
Scale. The scale of the structure after alteration, construction,
or partial demolition should be compatible with its architectural
style and character and with surrounding structures in an historic
preservation district.
G.
Directional expression. Facades in historic preservation districts
should blend with other structures with regard to directional expression.
Structures in an historic preservation district should be compatible
with the dominant horizontal or vertical expression of surrounding
structures. The directional expression of a landmark after alteration,
construction, or partial demolition should be compatible with its
original architectural style and character.
H.
Architectural details. Architectural details, including types of
materials, colors, and textures, should be treated so as to make the
landmark compatible with its original architectural style and the
character of the landmark or historic preservation district.
I.
New structures in an historic preservation district shall be compatible
with the architectural styles and design in said district.
A.
The Commission shall schedule a public meeting for consideration
of the application not less than five days or more than 10 days from
receipt of the application. Notice of the meeting shall be posted
on the property at least five days prior to the meeting.
[Amended by Ord. No. 12-04-00]
B.
The Commission shall schedule a public meeting for consideration
of the application within 30 days of receipt of application. A public
notice of the hearing date for consideration of the application shall
be made not less than 15 days nor more than 30 days before the hearing,
in a newspaper of general circulation published in the City of Mendota.
C.
If the Mendota Historic Preservation and Restoration Commission finds
at the time that the application merits further consideration, then
the Commission may table the request until its next regularly scheduled
meeting.
A.
The Mendota Historic Preservation and Restoration Commission shall
notify the applicants of its decision within five days after the public
meeting. Upon approval of the application, the Commission shall direct
the Secretary to issue a signed certificate of appropriateness to
the applicant, with copies forwarded to the Building Inspector.
B.
A certificate of appropriateness shall be invalid if changes in the
plans reviewed by the Commission are necessary in obtaining a building
permit or if the building permit issued for the same work becomes
invalid. The certificate of appropriateness remains valid for the
same period of validity as the building permit (one year).
A.
In the event of denial of an application for a certificate of appropriateness,
the Commission shall notify the applicant in writing of the disapproval
and the reasons therefor and shall recommend changes, if any, in the
proposed action that would cause the Commission to reconsider its
denial.
B.
Within 15 days of receipt of the notification of disapproval, the
applicant may resubmit an amended application that takes into consideration
the recommendations of the Commission. The application shall be considered
to be withdrawn if no written modification or request for public hearing
is received. Within 15 days of receipt of a written modification,
the Commission must either issue the certificate of appropriateness
or hold a hearing.
A.
The Mendota Historic Preservation and Restoration Commission shall
select a reasonable time and place for the hearing of the appeal and
give due notice thereof to the applicant by mailing notice of the
hearing, said mailing to be made at least 10 days prior to the date
of the hearing.
B.
Notice of the time and place of such public hearing shall be published
at least once, not less than 15 days nor more than 30 days before
the hearing, in a newspaper of general circulation published in the
City of Mendota.
C.
The Chairperson shall conduct the hearing, and the Commission and
the applicant shall have the right to introduce evidence and cross-examine
witnesses. A recorded or written transcript of the hearing shall be
made and kept.
D.
The Commission shall vote, announce its decision, make its recommendation,
and notify the Building Inspector and the applicant within five days
after the conclusion of the public hearing, unless the time is extended
by mutual agreement between the Commission and the applicant.
E.
In the event of a denial of appeal by the Commission, the applicant
may appeal the decision to the City Council, whose decision in this
matter shall be final, subject only to judicial review as provided
by law.
The certificate of economic hardship process enables the Commission
to determine whether the property owner will lose all reasonable use
of the property if the certificate of appropriateness is denied. It
is an important finding when claims of a "taking of private property
without just compensation" (United States Constitution) are made.
Notwithstanding any of the provisions of this chapter to the contrary,
the Commission may issue a certificate of economic hardship to allow
the performance of work for which a certificate of appropriateness
has been denied.
A.
Applicants for certificates of economic hardship shall be required
to apply to the Commission to determine eligibility for rehabilitation
assistance, if any is available. The eligibility for and availability
of financial aid shall be considered by the Commission in making its
decision.
B.
An applicant for a certificate of economic hardship may submit any
or all of the following information in order to assist the Commission
in making its determination on the application:
(1)
The 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 and the person from whom the property was
purchased).
(2)
The assessed value of the land and improvements thereon according
to the two most recent assessments.
(3)
Real estate taxes for the previous two years.
(4)
Remaining balance on mortgage, if any, and annual debt service, if
any, for the previous two years.
(5)
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership
of the property.
(6)
Any listing of the property for sale or rent, price asked and offers
received, if any.
(7)
Any consideration by the owner as to profitable adaptive uses for
the property.
(8)
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 the annual cash flow before
and after debt service, if any, during the same period.
(9)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture or other.
(10)
Any other information, including the income tax bracket of the
owner, applicant or principal investors in the property, reasonably
necessary for a determination as to whether the property can be reasonably
used to yield a reasonable return to present or future owners.
C.
If the Commission finds that, without approval of the proposed work,
the property cannot obtain a reasonable economic return therefrom,
then the application shall be delayed for a period not to exceed three
months. During this period of delay, the Commission shall investigate
plans and make recommendations to the City Council to allow for a
reasonably beneficial use or a reasonable economic return, or to otherwise
preserve the subject property. Such plans and recommendations may
include, but not be limited to, a relaxation of the provisions of
this chapter, a reduction in real property taxes, financial assistance,
building code modifications and/or changes in zoning regulations.
D.
If, by the end of this three-month period, the Commission has found
that without approval of the proposed work the property cannot be
put to a reasonable beneficial use or the owner cannot obtain a reasonable
economic return therefrom, then the Commission shall issue a certificate
of economic hardship approving the proposed work. If the Commission
finds otherwise, it shall deny the application for a certificate of
economic hardship.
A.
When a certificate of appropriateness or a certificate of economic
hardship is approved or denied for either a landmark or a structure
within an historic preservation district, the applicant or any interested
party may, within 30 days, appeal the Commission's decision to the
City Council. The Council may receive comments on the contents of
the record, but no new matter may be considered by the Council. The
City Council may affirm the decision or recommend changes by a majority
vote of the Council after due consideration of the facts contained
in the record submitted to the Council by the Commission. The Council
may overturn the Commission's decision by a simple majority vote of
a quorum of the Council. If the Council decides that a certificate
of economic hardship should be issued, the City Clerk shall notify
the applicant and the Secretary of the Commission within seven days
of the Council's decision, and the Secretary of the Commission then
shall issue the permit within 15 days.
B.
If the Council concurs with the Commission's decision not to issue
a certificate of economic hardship, the City Clerk shall notify the
applicant and the Secretary of the Commission within seven days.
In the case of partial or complete natural destruction or demolition
of a site within an historic preservation district or of a landmark,
the owner will be required to obtain a certificate of appropriateness
from the Commission prior to reconstruction. Although exact duplication
of the previous structure may not be required, the exterior design
of the property shall be in harmony with:
