Pitman City Zoning Code
§ 35-12.7
Certificate of Appropriateness.
[1967 Code § 15-12.7; amended 11-9-2020 by Ord. No. 18-2020]
a.
Required. No exterior feature, as defined in Subsection 35-12.3, of any building or other structure shall be erected, altered, restored, moved or demolished within the Historic Preservation District or in connection with any historic site until a certificate of appropriateness has been issued by the Planning Board. In those cases where a building permit is required, no such permit shall be issued until a certificate of appropriateness has been issued by the Planning Board.
b.
Application. Application for a certificate of appropriateness to construct, alter, repair, move or demolish any structure within the Historic Preservation District or any historic site shall be made on a form, approved by the Planning Board, to be submitted to the Zoning Officer. In the event that the proposed modifications meet criteria that have been preapproved by the Planning Board, the Zoning Officer may approve such modifications upon application. Upon recommendation of the Historic Preservation Commission, the Planning Board shall issue a certificate of appropriateness at its next regularly scheduled meeting. Applications for modifications not meeting preapproved criteria shall be forwarded by the Zoning Officer to the Historic Preservation Commission. The Historic Preservation Commission shall classify it as a major or minor application. Then, in accordance with the provisions of Subsections e and f, it shall provide written recommendations regarding issuance of a certificate of appropriateness to the Planning Board within 15 days of the receipt of the application by the Historic Preservation Commission.
c.
Preapproval List of Improvements. In the administration of this section, the Planning Board may find that the application approval procedure could be expedited by the implementation of a preapproved list of certain improvements, such as, but not limited to, color, siding designs/textures, window/door styles, signage and roof materials. The Planning Board is authorized to adopt such lists compatible with both the purposes of this section and the expeditious administration thereof. A description of such preapproved improvements shall be available in the Zoning Officer's office.
d.
Issuance of Certificate by Planning Board.
1.
The Planning Board shall consider only exterior features and shall not disapprove applications under this section except when necessary to prevent construction, alteration, restoration, moving or demolition of any portion of any structure which would clearly be inconsistent with the standards and criteria for consideration at set forth in § 35-12.7(e).
2.
The applicant shall be afforded an opportunity to appear before the Planning Board to present any evidence concerning the proposed action.
3.
The Planning Board, after reviewing the recommendations of the Historic Preservation Commission and hearing any evidence offered by the applicant, shall, within 30 days of the receipt of recommendations, determine that:
(a)
The proposed actions by the applicant are consistent with the purposes and intent of this section; or
(b)
The proposed actions by the applicant are inconsistent with the purposes and intent of this section, with the reasons for disapproval given in writing.
Nothing herein shall prohibit an extension of time by mutual agreement of the applicant, the Historic Preservation Commission and the Planning Board. |
4.
A determination by the Planning Board, by majority vote, that the proposed actions by the applicant are consistent with the purposes and intent of this section shall require the Planning Board to issue a certificate of appropriateness.
5.
In the event that the applicant alleges that compliance with the requirements of this section would pose an unreasonable economic hardship and that the nature of the application is such that the change sought neither justifies the time and expense of the plenary proceedings nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved, the Historic Preservation Commission will direct the applicant to the Planning Board for possible relief from the requirements of this section if it deems consistent with the public good and the purposes of this section.
6.
Failure by the Historic Preservation Commission to report within the 45 day period shall be deemed to constitute a report in favor of issuance of a certificate and without the recommendation of conditions to the certificate.
7.
The Planning Board shall report the results of its actions to the Zoning Officer.
e.
Standards of Consideration.
1.
In considering whether an application for a certificate of appropriateness should be granted, the Planning Board shall consider whether, if the approval is denied, the applicant may still make any reasonable use of the property as such use is permitted in the Zoning Chapter. The Planning Board may deny a certificate of appropriateness only if it specifically finds that the property may, after such denial, reasonably be used for a use permitted in the this chapter.
2.
In reviewing the application for a certificate of appropriateness, the Historic Preservation Commission and the Planning Board shall be guided by the following design guidelines:
(a)
The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.
(b)
The compatibility of the height of the structure, its scale, its roof shape and the proportion and relationships of its doors and windows to the style and character of the surrounding structures in the historic district.
(c)
The compatibility of architectural details, arrangement and materials proposed to be used with the surrounding structures.
3.
In addition, the Historic Preservation Commission and the Planning Board shall be guided by the following general standards:
(a)
The distinguishing original qualities or character of a structure and its environment shall not be destroyed.
(b)
All structures shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.
(c)
Changes that may have taken place in the course of time are evidence of the history and development of a structure. These changes may have acquired significance in their own right and this significance shall be recognized and respected.
(d)
Deteriorated architectural features shall be repaired rather than replaced wherever economically feasible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Reasonable man-made alternatives (e.g., vinyl, fiberboard, or MDF board) may be considered as long as the original style of architecture is maintained.
4.
Nothing contained herein shall prohibit the use of any particular architectural style. Rather, the purpose of this section is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near a building should not necessarily duplicate the style of the building, it should simply be compatible with and not detract from the building.
f.
Exceptions to Certificate of Appropriateness Procedures.
1.
Minor Application. When an application for a certificate of appropriateness classified as a minor application by the Historic Preservation Commission is reviewed and approved as such without conditions by the Historic Preservation Commission, the Zoning Officer shall issue a permit for such minor alterations or replacements prior to approval of the certificate of appropriateness by the Planning Board. The Planning Board shall issue the certificate of appropriateness at its next meeting.
2.
Emergency Repairs. Nothing in this section shall be construed to prohibit emergency repairs pending an application for a certificate of appropriateness. Application for a certificate of appropriateness must be made within 30 days of the commencement of any emergency repairs for which a certificate is required, and such application shall therein indicate the character of proposed permanent repairs, alterations or replacement and a proposed timetable for their execution.
3.
Ordinary Repairs. Nothing in this section shall be construed to apply to ordinary repairs.
