[Zoning Order §6.050, 4-2-2008]
A.
A
determination of appropriateness shall be required before the following
actions affecting the significance of a landmark may be undertaken:
1.
Any construction, alteration or removal requiring a building permit
from the County;
2.
Any demolition in whole or part requiring a demolition permit from
the County;
3.
Any construction, alteration, demolition or removal affecting a significant
exterior or interior architectural feature or appearance as specified
in the ordinance designating the landmark;
4.
Any construction, alteration or removal involving earth-disturbing
activities that would adversely affect archaeological resources.
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Applications for a determination of appropriateness shall include
accompanying plans and specifications affecting the significance of
a designated landmark. Applications for building demolition permits
shall be forwarded by the Director to the HPC within seven (7) days
following receipt of the application. Any applicant may request a
meeting with the HPC before the application is reviewed by the HPC
or during the review of the application. Application for review of
construction, alteration, demolition or removal not requiring a building
permit for which a determination of appropriateness is required shall
be made on a form prepared by the HPC and available at the office
of the Planning Division. The HPC shall consider the completed application
at its next regular meeting.
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B.
Stop Work Order. Whenever the Director or the HPC has reason
to believe that an action for which a determination 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, the Director
shall make every reasonable effort to contact the owners, occupants,
contractor or subcontractor and inform them of proper procedures.
If the HPC determines that a stop work order is necessary to halt
an action, it shall request the Director 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 determination of appropriateness. A copy of the
proper application form shall be included in the notice. If necessary,
a second (2nd) or subsequent stop work order may be issued for the
same project.
C.
Review And Decision On Issuance Of Determination Of Appropriateness.
1.
The HPC shall review the application for a Determination of Appropriateness
and issue or deny the determination within forty-five (45) days of
receipt of the application. Written notice of the approval or denial
of the application for a determination of appropriateness shall be
provided to the applicant, the Director and the County Council within
seven (7) days following the determination and shall be accompanied
by a determination of appropriateness in the case of an approval.
2.
A determination of appropriateness shall become void unless construction
is commenced within six (6) months of date of issuance. Determinations
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 determination of appropriateness, the Director
shall decide if the project is deemed in violation of this Article.
D.
Denial Of A Determination Of Appropriateness. A denial of
a determination of appropriateness shall be accompanied by a findings
of fact stating the reasons for the denial. The HPC shall make recommendations
to the applicant concerning changes, if any, in the proposed action
that 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 applicant and the HPC. The applicant may resubmit
an amended application that takes into consideration the recommendation
of the HPC.
E.
Appeal. Any person, official or agency aggrieved by the
HPC's denial of appropriateness and who desires to appeal the decision
shall file the appeal in the Circuit Court within thirty (30) days
after the denial of appropriateness is made.
[Zoning Order §6.060, 4-2-2008]
A.
Public
improvement and land acquisition projects by Jefferson County or any
of its departments or agencies shall be reviewed by the HPC in the
following manner:
1.
The Department of Public Works or the Department of Land Use, Development
and Code Enforcement (depending on the lead entity) shall notify the
HPC regarding any improvement project proposed by Jefferson County
or any of its agencies or departments:
2.
The HPC shall have at least thirty (30) days to complete its review
and report to the Planning Division, 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 HPC
shall complete its review and report to the County Council.
3.
The HPC shall review and comment upon any proposed acquisition of
a landmark or of land or buildings within a historic district by Jefferson
County or any of its agencies or departments. The Director or the
Department of Public Works 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 comment.
[Zoning Order §6.070, 4-2-2008]
A.
In
considering an application for a determination of appropriateness,
the HPC shall be guided in principle by the Secretary of the Interior's
Standards, as follows, in addition to any design guidelines in the
ordinance designating the landmark. Applications, standards for review
and design guidelines shall be available at the office of the Planning
Division.
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, according to Section 400.1990, 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, as determined
by a professional archaeologist or the State historic preservation
officer, 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.
[Zoning Order §6.080, 4-2-2008]
A.
Design
guidelines for applying the criteria for review of determinations
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.
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 to 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 within a historic district.
5.
Landscaping. Landscaping should be compatible with
the architectural character and appearance of the landmark 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 within a historic
district.
7.
Directional expression. The directional expression
of a landmark after alteration, construction or partial demolition
should be compatible with its original architectural style and character.
Directional expression is the dominant horizontal or dominant vertical
characteristic form and detail of a structure. Facades in historic
districts should blend with other structures with regard to directional
expression.
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. Character
of a sign includes the number, size, area, scale, location, type,
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 the landmark.
[Zoning Order §6.090, 4-2-2008]
Applications for zoning changes, conditional use permits, site
development plans, subdivisions or variances for a landmark or structures
within a historic district shall be referred to the HPC by the Planning
Division at least fifteen (15) days prior to the date of the public
hearing set by the Planning and Zoning Commission or the Board of
Zoning Adjustment. The HPC may review these applications using any
format which it deems appropriate, provided however, that the applicant
shall be notified of the time and place of such review and shall be
given the opportunity to appear and be heard. Within fifteen (15)
days after receipt of said application, the HPC shall forward its
comments to the Planning Division.
[Zoning Order §6.100, 4-2-2008]
None of the provisions of this Chapter shall be construed to
prevent any measures of construction, alteration or demolition necessary
to correct or abate the unsafe or dangerous condition of any structure,
other feature or part thereof, where such condition has been declared
unsafe or dangerous by the Director and where the proposed measures
have been declared necessary, by such department or departments, to
correct the said condition; provided however, that only such work
as is reasonably necessary to correct the unsafe or dangerous condition
may be performed pursuant to this Section. In the event any structure
or other feature shall be damaged by fire or other calamity or by
act of God or by the public enemy to such an extent that in the opinion
of the aforesaid department or departments it cannot reasonably be
repaired and restored, it may be removed in conformity with normal
procedures and applicable laws.
