[CC 1985 § 25-441; Ord. No. 762 § 2, 10-7-2002]
A. A certificate of appropriateness shall
be required before the following actions affecting the significance
of any landmark or any structure within a historic district may be
undertaken:
1.
Any construction, alteration, or
removal requiring a building permit from the City of St. James;
2.
Any demolition in whole or in part
requiring a demolition permit from the City of St. James;
3.
Any construction, alteration, demolition,
or removal affecting a significant exterior architectural feature
or appearance as specified in the ordinance designating the landmark
or historic district;
4.
Any construction, alteration or removal
involving earth disturbing activities that might affect archaeological
resources;
5.
Any actions to correct a violation
of a minimum maintenance standard.
[CC 1985 § 25-442; Ord. No. 762 § 2, 10-7-2002]
Applications for a certificate of
appropriateness shall include accompanying plans and specifications
affecting the significance of a designated landmark or of a property
within a designated historic district; and applications for demolition
permits shall include plans and specifications for the contemplated
use of the property. Applications for building and demolition permits
shall be forwarded by the Building Inspector to the SJHPC within seven
(7) days following receipt of the application. A building or demolition
permit shall not be issued until a certificate of appropriateness
has been issued by the SJHPC. Any applicant may request a meeting
with the SJHPC before the application is reviewed by the SJHPC or
during the review of the application. Application for review of construction,
alteration, demolition, or removal not requiring a building permit
for which a certificate of appropriateness is required shall be made
on a form prepared by the SJHPC and available at the office of the
City Clerk. The SJHPC shall consider the completed application at
its next regular meeting.
[CC 1985 § 25-443; Ord. No. 762 § 2, 10-7-2002]
Whenever the SJHPC has reason to
believe that an action for which a certificate of appropriateness
is required has been initiated, or is about to be initiated, or that
a violation of the conditions of a permit has occurred, it shall request
that the Building Inspector make every reasonable effort to contact
the owners, occupants, contractor or subcontractor and inform them
of proper procedures. If the SJHPC determines that a stop-work order
is necessary to halt an action, it shall request the Building Inspector
to send a copy of the stop-work order by certified mail return receipt
requested to the owners, occupants, contractors and subcontractors,
and notify them of the process of applying for a certificate of appropriateness.
A copy of the proper application form shall be included in the notice.
If necessary, a second or subsequent stop-work order may be issued
for the same project.
[CC 1985 § 25-444; Ord. No. 762 § 2, 10-7-2002]
The SJHPC shall review the application
for a building or demolition permit or for a certificate of appropriateness
and issue or deny the permit with forty-five (45) days of receipt
of the application. Written notice of the approval or denial of the
application for a certificate of appropriateness shall be provided
to the applicant and the Building Inspector within seven (7) days
following the determination and shall be accompanied by a certificate
of appropriateness in the case of an approval.
[CC 1985 § 25-445; Ord. No. 762 § 2, 10-7-2002]
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.
If the project is not completed according to the guidelines provided
in the certificate of appropriateness, the project shall be deemed
in violation of this Chapter.
[CC 1985 § 25-446; Ord. No. 762 § 2, 10-7-2002]
A denial of a certificate of appropriateness
shall be accompanied by a statement of the reasons for the denial.
The SJHPC shall make recommendations to the applicant concerning changes,
if any, in the proposed action that would cause the SJHPC to reconsider
its denial and shall confer with the applicant and attempt to resolve
as quickly as possible the differences between the owner and the SJHPC.
The applicant may resubmit an amended application or reapply for a
building or demolition permit that takes into consideration the recommendation
of the SJHPC.
[CC 1985 § 25-447; Ord. No. 762 § 2, 10-7-2002]
A. Public improvement and land acquisition
projects by the City of St. James or any of its departments or agencies
shall be reviewed by the SJHPC in the following manner:
1.
The SJHPC shall review and comment
upon any public improvement project proposed by the City of St. James
or any of its agencies or departments within any historic district,
on the site of or within two hundred (200) feet of any landmarks,
or within two hundred (200) feet of any boundary of a historic district.
The Department of Public Works shall send a completed preliminary
design for a public improvement project to the SJHPC simultaneously
with its submission to the City Council for approval. The SJHPC shall
have at least thirty (30) days to complete its review and report to
the City Council, except when the Department of Public Works, if necessary
to accelerate the design review process, may specify a time less than
thirty (30) days within which the SJHPC shall complete its review
and report to the Council.
2.
The SJHPC shall review and comment
upon any proposed acquisition of a landmark or of land or buildings
within a historic district by the City of St. James or any of its
agencies or departments. The City Council or the Department of Public
Works shall, at the earliest possible date that will not interfere
with acquisition negotiations, send the SJHPC information concerning
the location, size, purchase price, current use, and proposed use
of the land or building to be acquired, and specify the date by which
the SJHPC shall report to the City Council.
3.
The SJHPC shall review the public
improvement or land acquisition project to determine its effect upon
the historic, archaeological or architectural character of the landmark
or historic district and report to the City Council within any time
specified by the City Council or Planning Department, but not to exceed
forty-five (45) days. The report by the SJHPC shall include any recommendations
for changes to the preliminary design or land acquisition that will
lessen or alleviate any adverse effect of the proposed project upon
the historic, archaeological or architectural character of the landmark
or historic district. The City Council shall take no final action
on the preliminary design or land acquisition until it has received
and reviewed the report of the SJHPC.
[CC 1985 § 25-448; Ord. No. 762 § 2, 10-7-2002]
A. In considering an application for a building
or demolition permit or for a certificate of appropriateness, the
SJHPC shall be guided in principal by the Secretary of the Interior's
Standards, as follows, in addition to any design guidelines in the
ordinance designating the landmark or historic district. Applications,
standards for review and design guidelines shall be available in the
office of the City Clerk for distribution to the public.
1.
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 and environment.
2.
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.
3.
Each property shall be recognized
as a physical record of its time, place, and use. Changes that create
a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not
be undertaken.
4.
Most properties change over time;
those changes that have acquired historic significance in their own
right shall be retained and preserved.
5.
Distinctive features, finishes, and
construction techniques or examples of craftsmanship that characterize
a historic property shall be preserved.
6.
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.
7.
Chemical or physical treatments,
such as sandblasting, that cause damage to historic materials shall
not be used. The surface cleaning of structures, if appropriate, shall
be undertaken using the gentlest means possible.
8.
Significant archaeological resources
affected by a project shall be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
9.
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.
10.
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.
[CC 1985 § 25-449; Ord. No. 762 § 2, 10-7-2002]
A. Design guidelines for applying the criteria
for review of certificates of appropriateness shall, at a minimum,
consider the following architectural criteria:
1.
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 a historic
district.
2.
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
and with surrounding structures within a historic district.
3.
Relationship Of Building Masses And
Spaces. The setback and relationship of a structure within a historic
district to the open space between it and adjoining structures should
be compatible.
4.
Roof Shape. The design of the roof
should be compatible with the architectural style and character of
the landmark, and with surrounding structures in a historic district.
5.
Landscaping. Landscaping should be
compatible with the architectural character and appearance of the
landmark and of surrounding structures and landscapes in historic
districts.
6.
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 a historic district.
7.
Directional Expression. Facades in
historic districts should blend with other structures with regard
to directional expression. Structures in a historic 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.
8.
Architectural Details. Architectural
details, including materials, colors, and textures, should be treated
so as to make a landmark compatible with its original architectural
style and character and to preserve and enhance the architectural
style or character of a landmark or historic district.
9.
Signage. The character of signs should
be in keeping with the historic architectural character of a landmark
or historic district. Character of a sign includes the number, size,
area, scale, location, type (e.g., off-site advertising signs and
on-site business signs), letter size or style, and intensity and type
of illumination.
10.
Minimum Maintenance. Significant
features should be kept in a condition of good repair and maintenance.
All structural and mechanical systems should be maintained in a condition
and state of repair that will prevent decay, deterioration or damage
to significant features, or otherwise adversely affect the historic
or architectural character of structures within a historic district.
[CC 1985 § 25-450; Ord. No. 762 § 2, 10-7-2002]
A. Application for a certificate of economic hardship shall be made on a form prepared by the SJHPC only after a certificate of appropriateness has been denied. The SJHPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record, and owners adjacent to the property in the same manner as in Article
IV of this Chapter, and any person may testify at the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearing shall be taken down by a reporter employed by the City for that purpose, or if electronic tape recording equipment is available, by such electronic means. The SJHPC may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application.
1.
Estimate of the cost 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 SJHPC for changes necessary for the issuance of a certificate
of appropriateness;
2.
A report from a licensed engineer
or architect with experience in rehabilitation as to the structural
soundness of any structures on the property and their suitability
for rehabilitation;
3.
Estimated market value of the property
in its current condition; after completion of the proposed construction,
alteration, demolition or removal; after any changes recommended by
the SJHPC, and in the case of a proposed demolition, 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.