Article X, Sections 10-201 to 10-211

Other

• Administrative approval of signs and minor architectural elements

  The board may determine that certain elements otherwise requiring board approval of a certificate of appropriateness are appropriate for administrative review and approval by the director, or are appropriate for no board review of any type, if, after a public hearing specifically noticed for the purpose, the board adopts specific criteria and guidelines articulating the circumstances and particulars that apply for each type of review and for each building element and documents its determinations in its approved design guidelines. In making such determination, the board shall consider the standards listed in section 10-205. The authority provided in this section (A)(2) is limited to the following types of building elements: (a) Signs; (b) Minor architectural elements, such as but not limited to rooftop features; stoops and stairs; porches; yard features and fences; doors and windows; shutters; siding and trim; vents and HVAC equipment; lighting; and residential accessibility structures; (c) Minor alterations or new construction on a rear building elevation or in the area behind the rear of a building; (d) Rooftop screening waiver provided in section 6-403; and (e) Replacement in kind, subject to section 10-209.

• Administrative approval for demolition of certain elements

  The board may determine that certain elements otherwise requiring board approval of a permit for removal, capsulation or demolition are appropriate for administrative review and approval by the director, or are appropriate for no board review of any type, if, after a public hearing specifically noticed for the purpose, the board adopts specific criteria and guidelines articulating the circumstances and particulars that apply for each type of review and for each building element and documents its determinations in its approved design guidelines. In making such determination, the board shall consider the standards listed in section 10-205. The authority provided in this section is limited to the demolition of the following building elements: (a) Fences; (b) Accessibility structures; (c) 250 square feet of wall area on a rear building elevation; and (d) 100 gross square feet of floor area on a rear building elevation or in the area behind the rear of a building.

• Appeal of administrative decision within 14 days14 days

  A person aggrieved by an administrative decision made pursuant to the authority of section 10-203 may file an appeal with the director within 14 days of the day of the administrative decision.

• Bona fide offer to sell for demolition rights

  In addition to the right of appeal hereinabove set forth, the owner of a building or structure, the moving, removing, capsulating, or demolition in whole or in part of which is subject to the provisions of this Article X, shall, as matter of right, be entitled to move, remove, capsulate, or demolish in whole or in part such building or structure provided, that: 1. The owner has applied to the board of architectural review for such right and has also been a party to an appeal from the board's decision to the council. 2. The owner has for the period of time set forth in the time schedule hereinafter contained and at a price reasonably related to its fair market value made a bona fide offer to sell such building or structure and the land pertaining thereto to any person, government or agency thereof or political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve and restore the building or structure and the land pertaining thereto. 3. No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such building or structure and the land pertaining thereto prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained.

• Certificate of appropriateness expires after 12 months if not commenced12 months

  Any certificate of appropriateness issued pursuant to section 10-206(A) and any permit to move, remove, capsulate or demolish in whole or in part issued pursuant to section 10-206(A) shall expire of its own limitation 12 months from the date of issuance if the work authorized thereby is not commenced and diligently and substantially pursued by the end of such 12-month period; and further, any such certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of 12 months after being commenced and diligently and substantially pursued.

• Certificate of appropriateness required for exterior alterations

  No building or structure shall be erected, reconstructed, altered or restored within the Parker-Gray District unless and until an application for a certificate of appropriateness shall have been approved by the board of architectural review or the city council on appeal as to exterior architectural features, including signs (see Article IX), which are subject to public view from a public street, way or place, unless the board determines that an alternative type of review is appropriate pursuant to section 10-203(A)(2).

• Compatibility standards for new buildings and modifications

  The board of architectural review or the city council on appeal shall limit its review to exterior features subject to public view and shall determine the compatibility of proposed construction, reconstruction, alteration, restoration of buildings or structures within the Parker-Gray District based upon compatibility with other buildings or structures on the same block face, the block face across the public street, or the immediate surrounding area within the district. The board shall consider: height of roofline, scale and mass, placement, material, texture and color, architectural style, architectural details, architectural classification, and hierarchy of building elevation.

• Ordinary maintenance exemption from certificate of appropriateness

  Notwithstanding any other provisions of this Article X, exterior architectural features may be the subject of ordinary maintenance, including repair and replacement with the same design, color and material without the necessity of a certificate of appropriateness if, upon review by the director or his designee, it is found that such maintenance: 1. Does not result in the substantial removal of an exterior feature that is considered to have historic and/or architectural significance; and 2. Does not perpetuate a condition or treatment that is considered to be, by board of architectural review policy, inappropriate or incompatible with the historic surroundings of the Parker-Gray District, but this provision shall not be construed to prevent the replacement of material in kind in cases when the cost of the work would be materially increased by the use of another material.

• Permit to demolish required

  No building or structure within the Parker-Gray District shall be moved, removed, capsulated, or demolished in whole or in part without first obtaining a permit approved by the board of architectural review or the city council on appeal, except as provided in section 10-211, except for demolitions of portions of buildings resulting in the removal of less than 25 square feet total of exterior wall, roof or surface which shall be deemed an alteration and subject to section 10-203(A), or unless the board determines that an alternative type of review is appropriate pursuant to subsection (2) of this subsection (B).

• Required maintenance of buildings

  All buildings and structures within the Parker-Gray District shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration in compliance with Volume II — Building Maintenance Code, of the Uniform Statewide Building Code, as adopted by section 8-1-2 of the city code. The code or building official shall enforce the requirements of this section 10-210, in conjunction with the director.

• Demolition of unsafe buildings exempt with notice

  Nothing in this Article X shall apply to or in any way prevent the moving, removing, capsulating or demolition in whole or in part of any building or structure in the city which is in such a dangerous, hazardous or unsafe condition that it has been ordered demolished by the code or building official, provided that before a moving, removing, capsulating or demolition in whole or in part can be ordered by the code or building official when the code or building official determines that such dangerous, hazardous or unsafe condition could reasonably be expected to cause death or serious physical harm before review under the provisions of this Article X could be accomplished, the code or building official shall have first delivered a copy of the proposed order to the city manager, to the chairman and vice chairman of the board of architectural review and mailed to the subscribers provided for in section 10-212 a copy of the proposed order.