(a) 
Prior to the commencement of any work that affects the exterior of a designated Landmark or a structure within a designated Historic District, certificate of appropriateness ("COA") shall be required. The application is available from the HPO. Any work must begin within six months of the issuance of the COA, or the COA will be null and void. The applicant is responsible for obtaining the required building permits before commencing work. Routine maintenance does not require a COA. COA shall be required from the appropriate body for the following activities:
(1) 
All exterior painting requires a COA. No exterior painting is considered routine maintenance.
(2) 
Minor modifications, including like-for-like replacement of equipment, landscaping, new signage including window vinyl, and window film shall require a COA.
(3) 
Major modifications, including changes to windows or doors, roofs, awnings, the addition of a new material, and substantial alterations to a structure shall require a COA.
(4) 
New construction, the moving of, demolition of, and additions to Landmarks or historic structures or within a historic District shall require a COA.
(5) 
Any exterior modifications to buildings, objects, properties, or structures that are designated Landmarks or within a District require a COA be approved before modifications may begin. The COA allows the applicant to proceed with planned work to the building, object, property, or structure following issuance of a building permit if a building permit is required for the work. Any work initiated prior to receipt of a COA and/or without the appropriate building permit is in violation and is subject to penalties.
(6) 
Any repairs considered emergency require notification to the HPO who can issue an emergency COA.
(b) 
Each COA must conform to the Design Guidelines.
(Ordinance 886-24 adopted 12/18/2024; Ordinance 929-25 adopted 8/28/2025)
To provide for a balanced evaluation of the project in question, the HPO and HPC shall follow the "Secretary of the Interior's Standards for the Treatment of Historic Properties," and the City of Aubrey Design Guidelines, any applicable provisions of the Code of Ordinances to assist in its consideration of all applications for COA. These standards and guidelines shall be made available to property owners of landmarks or property within a district.
(Ordinance 886-24 adopted 12/18/2024; Ordinance 929-25 adopted 8/28/2025)
(a) 
Prior to the commencement of any work requiring a COA, the owner or the owner's representative shall submit an application for such certificate to the HPO. The property owner or the owner's representative shall consult with the HPO prior to submission of the application with regard to applicable standards and guidelines for the work.
(b) 
The complete application shall contain information the HPO deems necessary, including:
(1) 
The name, address, telephone number of the applicant and a detailed description of the proposed work.
(2) 
The location and current photographs of the site, structure, and adjacent properties, as well as historic photographs, if available.
(3) 
Color elevation drawings of the proposed changes.
(4) 
Tangible samples of materials to be used including paint samples of colors.
(5) 
If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, the method of attachment of the sign, the method of illumination (if any) and a plan showing the sign's location on the property.
(6) 
Letter of intent with details of request including materials proposed and areas affected, size and requested placement of signage, proposed colors, and paint scheme.
(c) 
A complete application must be received no later than two (2) weeks before the regularly scheduled HPC meeting. Incomplete applications will not be accepted by the HPO.
(d) 
No building permit shall be issued for such proposed work until a COA has been issued by the HPO or HPC or, upon appeal, to the city council pursuant to subsection (h) herein. The COA required by this section shall be in addition to and not in lieu of any building permit that may be required by another ordinance of the city.
(e) 
After an application for COA is submitted, the HPO shall determine whether the application shall be eligible for administrative review, or the application shall be considered by the HPC. An application shall be eligible for administrative review by the HPO for minor modifications, including like-for-like replacement of material or features, landscaping, new signage including window vinyl, and window film. The HPO can approve minor modifications to an existing COA that still meets the intent of the original approval.
(f) 
The HPO or HPC will approve, approve with modifications, table to request additional information, or deny an application within forty-five (45) days, not including demolition requests, from receipt of a complete application.
(g) 
All decisions of the HPO and HPC shall be in writing. For approved applications, a COA shall be sent to the applicant and a copy attached to the building permit for public inspection. The HPO or HPC's decision shall state the reasons for denying or modifying any application, adhering to the "Secretary of Interior's Standards for the Treatment of Historic Properties" and the design guidelines.
(h) 
Subsequent to a decision by the HPO or HPC, an appeal may be made by the applicant in accordance with the provisions of section 16.07.001.
(i) 
The applicant is highly encouraged to appear at the HPC meeting to present their application. If the applicant fails to appear, the HPC may table or deny the application.
(Ordinance 886-24 adopted 12/18/2024)
(a) 
An application for a COA for building or modifications will require no fee. An application seeking a COA for demolition or designation of a historic landmark or historic district shall be accompanied by an application fee, as set within the city's comprehensive fee schedule, such fee to be collected by the historic preservation officer or designee at the time of application.
(b) 
Any application for additions or extensions of work undertaken at the same location within six (6) months of the original application may be included in a revised application for a COA without incurring an additional application fee. Any subsequent additions or extensions will require a fee, as set within the city's comprehensive fee schedule, such fee to be collected by the historic preservation officer or designee at the time of request for modification or extension.
(Ordinance 886-24 adopted 12/18/2024)
All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the COA, or upon notification of such fact by the HPC and verification by the HPO, the building inspector shall issue a stop work order and all work shall immediately cease. The property owner shall then be required to apply for a hearing before the HPC to explain the non-compliance. No further work shall be undertaken on the project as long as a stop work is in effect until a decision is rendered by the HPC on the application.
(Ordinance 886-24 adopted 12/18/2024)