§ 98-190. Certificate of approval.

(1)

Certificate of approval required. Unless otherwise exempted herein, any person or entity, prior to commencing alteration, demolition, partial demolition, or new construction in a designated historic area, district or site located within the historic downtown district, must apply for and receive a certificate of approval prior to commencing any such activity.

(2)

Preapplication conference. Before entering into or assuming binding commitments or incurring substantial expense in the preparation of plans, surveys and other data in connection with the alteration, demolition, or new construction in the historic downtown district, and before submitting an application for a certificate of approval, an applicant should confer with the city to obtain information and guidance concerning the permissibility and feasibility of any such alteration, demolition, or new construction. The purpose of such conference is to discuss and clarify historic conservation objectives and design guidelines with the applicant. In no instance shall any statement or representation made prior to the official application review be binding on ARHPB, the city commission, city staff or any city departments.

(3)

Staff review. The city's architectural review staff shall review all applications for certificates of approval. Such review will occur within 15 business days after a complete application is filed. The staff shall prepare a staff report, which report shall outline staff recommendations as to the application for certificate of approval and is to be provided to the applicant and/or the project architect in advance of the ARHPB meeting.

(a)

Projects not requiring development review committee ("DRC") review. If the application proposes alteration of an existing building within the historic downtown district that will not add square feet to the building or structure, the project application shall be reviewed by staff and forwarded directly to ARHPB with recommendations for review.

(b)

Projects requiring review of the development review committee review ("DRC"). If the project requires site work, is a new building, or proposes an addition to an existing building, the applicant must, in addition to an application for the certificate of approval, also submit a site plan application, which site plan application shall be reviewed by the city's development review committee (DRC). Review may be conducted simultaneously by both DRC and ARHPB; however, if, at any time in the review process, it is determined or believed that an application submitted for review without a site plan requires a site plan, such application shall be forwarded to DRC for further action and/or a determination as to whether a site plan is required. Should a site plan be required but has not yet been provided, review of the application for certificate of approval shall be abated until a complete site plan application is submitted to DRC for review. In no event shall DRC issue a determination of approval concerning a site plan application for a project requiring a certificate of approval until ARHPB has provided DRC with verification that ARHPB has issued such certificate and/or their review and recommendation, or the city's architectural staff has otherwise notified DRC that a certificate of approval is not required. When DRC review is required, DRC shall be responsible for forwarding all relevant materials, including the certificate of approval, to the planning and zoning board or the city commission as may be required by this Code.

(4)

Review requirement. Upon completion of staff review of an application in accordance with subsection (3), ARHPB shall review and render a decision concerning such application during a duly noticed public meeting. ARHPB may approve, approve with conditions, or deny an application.

(5)

Guidelines for review, variances and waivers.

(a)

The design standards and guidelines manual shall reflect and be used to implement the intent and purposes of this historic downtown district overlay ordinance. The ARHPB shall use and weigh the "encouraged" and "strongly discouraged" criteria set forth in the manual against the elements set forth in the application to determine whether an application meets the intent of this article.

(b)

In adopting guidelines for review, it shall be the intent of ARHPB to preserve the exterior historic characteristics of the landmark, resource or district, and to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. The guidelines shall also serve as criteria for staff to make decisions, as permitted by ARHPB and this article, regarding applications for standard certificates of approval.

(c)

Variances may be granted from the land development code requirements as may be appropriate to achieve the design review standards for historic preservation. The ARHPB shall be authorized to issue variances concerning the architectural and aesthetic requirements established pursuant to this chapter; however, other variances requiring a site plan, including variances from building height, side, rear and front setbacks, building coverage, floor area ratio, impervious coverage, and walls and fences, may be granted only by the city's planning and zoning board in accordance with those procedures outlined in article II, division 4 of chapter 118 of this Code. Building code exemptions may be granted subject to the guidelines of the Florida Building Code for qualified historic buildings or structures:

i.

When one or more variances are considered, the applicant shall post proper notice on the property in accordance with section 98-191(2)(c) of this Code, or, if one or more variances requires review by the planning and zoning board, section 118-133 of this Code. Variances requiring approval of the planning and zoning board shall be reviewed by the staff, and the planning and zoning board shall render a final decision as to such variances only. Projects that require a variance from the architectural design standards established pursuant to this chapter shall be heard by ARHPB in conjunction with the architectural plan application.

ii.

All requests for variances through the AHRPB design review process shall be limited to property building features and elevations requirements as defined in this article.

iii.

Any person aggrieved by the decision of the ARHPB for a variance may appeal such decision to the city commission within 15 days of the date of the decision by ARHPB. Notice of such pending appeal must be provided in accordance with the signage requirements of section 98-191(2)(c) of this Code, being posted for at least ten consecutive days prior to the hearing on such appeal and noting the time, date, location, and nature of such appeal. Appeals from decisions of the planning and zoning board shall be made in accordance with the planning and zoning board's standard appellate procedures as set forth in section 98-31 of this Code. In the event that an applicant has filed timely appeals of both an ARHPB decision and a planning and zoning board decision both pertaining to the same project or application, such appeals, if both pending, may be consolidated and scheduled for joint presentation to the city commission. Notice of such consolidated appeals shall be provided as set forth in section 98-31(b) of this Code.

(d)

Each designated historic district may adopt specific district guidelines for design review based upon the U.S. Secretary of the Interior's Standards for Rehabilitation as revised in 1995 subject to final approval by ARHPB.

(e)

Local guidelines for design review may be adopted based upon the U.S. Secretary of the Interior's Standards for Rehabilitation as revised in 1995.

(6)

Certificate of approval information.

(a)

An applicant for a special certificate of approval whether for exterior alteration, addition, restoration, renovation, relocation or demolition shall submit an application to ARHPB accompanied by photographs, elevations, site plans, floor plans, and samples of materials as deemed appropriate by ARHPB to fully describe the proposed appearance, materials and architectural design of the building, other outbuilding and site plan. The applicant shall provide adequate information to enable ARHPB to visualize the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes.

(b)

In the event that the applicant is requesting a certificate of approval for demolition, ARHPB shall be provided with the details for the proposed disposition of the site. ARHPB may require architectural drawings, financial plans or other information regarding any proposed new construction. Proposed demolitions shall be reviewed in accordance with section 98-194 of this Code.

(7)

Meeting notices. ARHPB shall rule upon applications for a certificate of approval during a duly noticed public meeting. Notice of meetings shall be posted at city hall, on the city's website, at least seven days in advance of the noticed meeting. All notices must state the type (i.e., regular or special), time, place, and date of the meeting to be held.

(8)

Decision of ARHPB. The decision of ARHPB shall be based upon the guidelines set forth in section 98-192 as well as the general purpose and intent of these regulations and any specific planning objectives and the design standards and guidelines manual officially adopted for the historic downtown district. The decision may include such incentives or conditions for preservation as ARHPB finds appropriate. The decision of ARHPB shall include a description of the reasons for such findings and details of the public interest that is sought to be preserved and shall direct one or more of the following actions:

(a)

Issuance of a certificate of approval for the work proposed by the applicant;

(b)

Issuance of a certificate with conditions;

(c)

Denial of the application and refusal to grant a certificate of approval; or

(d)

Issuance of a special certificate of approval with a deferred effective date of up to six months from the date of ARHPB's decision in cases of demolition or moving of a significant building.

(9)

Time limit. ARHPB shall act upon an application within 60 days of receipt of a completed proposed application. The time limit may be waived at any time by mutual written consent of the applicant and ARHPB. Certificate of approvals shall be effective for a period of one year from the action of ARHPB or from the time frame approved with the project's site plan.

(10)

Records. The decision of ARHPB shall be issued in writing. Evidence of approval of the application shall be by certificate of approval issued by ARHPB's designated staff representative to the applicant, and whatever its decision, notice in writing shall be given to the applicant, city manager, city clerk and the director of the community development department. When an application is denied, ARHPB's notice shall provide a written explanation of its decision. ARHPB shall keep a written record showing its action on each application considered. In cases where a project must also be reviewed by DRC, ARHPB shall keep DRC apprised of the status of an applicant's application and any certificate(s) of approval that may be issued by ARHPB. Such information shall be considered by DRC in rendering its recommendations to either the city commission or the city's planning and zoning board, whichever may be applicable.

(11)

Appeals.

(a)

Time for appeal. Any substantially affected party may appeal any decision of ARHPB to the city commission by filing, within 15 days after the date of the decision with the community development department, a written notice of appeal and an appeal fee as established by the schedule of fees. The notice shall set forth concisely the decision appealed from and the reason or grounds for the appeal.

(b)

Record in underlying proceedings. Applicant shall submit 12 sets of the application plans and other information that was part of the application submitted to the city and ARHPB with the appeal.

(c)

Decision. An appeal of a decision rendered by ARHPB shall be heard by the city commission, which shall hear as a public hearing and consider all facts material to the appeal and render a decision. The city commission may affirm, modify or reverse ARHPB's decision. The decision of the city commission shall constitute final administrative review. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure.

(d)

Consolidation of appeals. If an applicant has timely appealed an ARHPB decision in conjunction with a timely appeal of a determination of the development review committee ("DRC") or a planning and zoning board decision, and the appeals pertain to the same project or application, such appeals, if still pending, shall, in the interest of administrative economy, be consolidated and scheduled for a single public hearing before the city commission as to all matters raised in both or all appeals. Notwithstanding the requirements of article II, division 5, of chapter 118 of this Code, or any other appellate provisions of this Code, an appeal consolidated pursuant to this subpart shall be noticed and heard in the same manner as appeals from the planning and zoning board as set forth in section 98-31 of this Code.

(12)

Change in approved work.

(a)

The city staff shall review any change in work proposed subsequent to the issuance of a certificate of approval. In determining whether a change requires AHRPB review, city staff shall consider the following factors:

i.

Whether the change conforms with the design standards and guidelines manual;

ii.

Whether the change conforms to the historic context and appearance of the structure;

iii.

The degree to which the change alters the conditions of the previously approved certificate of approval; and

iv.

Whether the change will result in a recognizable alteration of the structure's anticipated finished appearance. Substitute materials shall be allowed if they are of similar appearance and quality to those originally proposed.

(b)

If the city staff finds that the proposed change does not require AHRPB review, it may issue a supplementary standard certificate of approval for such change. For changes requiring ARHPB review, the applicant shall be required to submit a new application for certificate of approval, accounting for such changes. Such new application shall be reviewed by ARHPB in accordance with this article.

(13)

Architect's certification. No certificate of occupancy shall be issued for any new structure until the applicant provides the city with certification that all work has been completed in accordance with the terms and conditions of the applicable certificate of approval. Modifications to commercial structures shall also be required to obtain the architect's certification. Single-family residential renovations may need the architect certification. The building official shall determine the need for the certification based on the nature of the work being performed to the residence. Such certification shall state that the undersigned architect has:

(a)

Reviewed the terms and conditions of the certificate of approval;

(b)

Is familiar with the applicable elements of the city's design standards and guidelines manual;

(c)

Has performed a visual inspection of the completed project; and

(d)

Has determined that the finished project reasonably conforms to the architectural design identified in the certificate of approval.

(Ord. No. 10-05, § 2(Exh. 1), 1-14-10)