[CC 1996 § 25-832; Ord. No. 938 § 25-1314]
A. 
A certificate of appropriateness shall be required before the following actions, affecting either the exterior architectural appearance or any features noted in the original application for nomination of any landmark or property within a historic district, may be undertaken:
1. 
Any construction, alteration, removal or demolition, in whole or in part, requiring a permit from the City of Cuba.
2. 
Construction, alteration, demolition, or removal, in whole or in part, not requiring a permit, but affecting a significant exterior architectural feature, as specified in the ordinance designating the landmark or historic district.
3. 
Any violation of a minimum maintenance standard.
4. 
Any construction, alteration, removal or demolition, in whole or in part, proposed by the City of Cuba, or any of its agencies or departments, for a landmark or a structure within a historic district and affecting a significant exterior architectural feature, as specified in the designation ordinance or which would require a building permit if undertaken on privately owned property.
[CC 1996 § 25-833; Ord. No. 938 § 25-1315]
No application for a building permit or demolition affecting the exterior architectural appearance of a designated landmark or of a property within a designated historic district shall be filed with the Building Inspector until a certification of appropriateness has been issued by the HPC. Any applicant may request a meeting with the HPC before 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, including actions necessary to meet minimum maintenance standards, shall be made on a form prepared by the HPC and available at the office of the HPC. Applicants may be required to submit plans, drawings, elevations, specifications and such other information as may be requested by the HPC. The HPC shall consider the completed application at its next regular meeting. The HPC may call a special meeting to review routine applications for a certificate of appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant. A certificate of appropriateness may be issued without a meeting and prior to the next regular meeting upon the signature of four (4) of the members of the HPC.
[CC 1996 § 25-834; Ord. No. 938 § 25-1316]
Whenever the HPC has reason to believe that an action for which a certificate of appropriateness is required has been initiated, or is about to be initiated, it shall make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of the process of applying for a certificate of appropriateness. If the HPC determines that a stop-work order is necessary to halt an action that requires a certificate of appropriateness, it shall 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 by the HPC for the same project.
[CC 1996 § 25-835; Ord. No. 938 § 25-1317]
A. 
The HPC shall review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the certificate of appropriateness within 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 the applicant and the Building Department within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval.
B. 
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 Article.
[CC 1996 § 25-836; Ord. No. 938 § 25-1318]
A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The HPC shall make recommendations to the applicant concerning changes, if any, in the proposed action which would cause the HPC 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 HPC. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the HPC.
[CC 1996 § 25-837; Ord. No. 938 § 25-1319]
A. 
In considering an application for a building or demolition permit, or for a certificate of appropriateness, the HPC shall be guided by the following general standards, in addition to any design guidelines in the ordinance designating the landmark or historic district:
1. 
Every reasonable effort shall be made to provide a compatible use of a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
2. 
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.
3. 
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. 
Deteriorated architectural features shall be repaired, rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. 
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
9. 
Contemporary design for alterations and additions to existing properties and for new construction may be permitted when such alterations, additions, or new construction do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. 
Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
[CC 1996 § 25-838; Ord. No. 938 § 25-1320]
A. 
Design guidelines for review of applications for certificates of appropriateness shall, at a minimum, include 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 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 landmark or historic district.
9. 
Signage. The character of signs should be in keeping with the historic or 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 exterior architectural 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 architectural features, or otherwise adversely affect the historic or architectural character of structures within a historic district.
[CC 1996 § 25-839; Ord. No. 938 § 25-1321]
A. 
Application for a certificate of economic hardship shall be made on a form prepared by the HPC only after a certificate of appropriateness has been denied. The HPC 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 Section 400.2020, 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.
B. 
The HPC 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 HPC 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 HPC, 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.
5. 
Assessed value of the property according to the two (2) most recent assessments.
6. 
Real estate taxes for the previous two (2) years.
7. 
Form of ownership or operation of the property, whether sole, proprietorship, for profit or not for profit corporation, limited partnership, joint venture, or other.
8. 
Any other information considered necessary by the HPC to make a determination as to whether the property does yield or may yield, a reasonable return to the owners.
C. 
In addition to the foregoing information which the HPC may solicit or require the applicant to provide, the applicant may provide the following information with respect to any application for a certificate of economic hardship.
1. 
Amount paid for the property, the date of the purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any pertinent terms of financing between the seller and buyer.
2. 
If the property is income-producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses for the previous two (2) years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
3. 
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.
4. 
Appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.
5. 
Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.
[CC 1996 § 25-840; Ord. No. 938 § 25-1322]
The HPC shall review all the evidence and information required of an applicant for a certificate of economic hardship and make a determination, within forty-five (45) days of receipt of the application, whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. Written notice of the determination shall be provided to the applicant and the Building Department within seven (7) days following the determination.
[CC 1996 § 25-841; Ord. No. 938 § 25-1323]
If a determination by the HPC that an application for a certificate of appropriateness or for a certificate of economic hardship be denied, the applicant or any other interested person may, within thirty (30) days after the postmarked date of the notice of the determination, file with the City Clerk a written appeal to the City of Cuba Board of Adjustment specifying the grounds thereof.
[CC 1996 § 25-842; Ord. No. 938 § 25-1324]
A. 
Public improvement and land acquisition projects by the City of Cuba or any of its departments or agencies shall be reviewed by the HPC in the following manner:
1. 
The HPC shall review and comment upon any public improvement project proposed by the City of Cuba or any of its agencies or departments within any historic district, on the site of or within one hundred eighty-five (185) feet of any boundary of a historic district. The Public Works Department shall send a completed preliminary design for a public improvement project to the HPC simultaneously with its submission to the City Board of Aldermen for approval. The HPC shall have at least thirty (30) days to complete its review and report to the City Board of Aldermen, except when the Engineering Department, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the HPC shall complete its review and report to the City Board of Aldermen.
2. 
The HPC shall review and comment upon any proposed acquisition of a landmark or of land or buildings within a historic district by the City of Cuba or any of its agencies or departments. The City Board of Aldermen or the Engineering Department shall, at the earliest possible date that will not interfere with acquisition negotiations, send the HPC 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 HPC shall report to the City Board of Aldermen.
3. 
The HPC shall review the public improvement or land acquisition project to determine its effect upon the historical or architectural character of the landmark or historic district and report to the City Board of Aldermen within any time specified by the City Board of Aldermen or Engineering Department, but not to exceed forty-five (45) days. The report by the HPC 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 or architectural character of the landmark or historic district. The City Board of Aldermen shall take no final action on the preliminary design or land acquisition until it has received and reviewed the report of the HPC.