APPENDIX C – HISTORIC PRESERVATION REGULATIONSAPPENDIX C – HISTORIC PRESERVATION REGULATIONS\C-11. Certificate of appropriateness review.

The following procedures and requirements shall apply to certificate of appropriateness review:

(a)   A permit for any project as defined herein affecting a designated historic landmark or any property within a designated historic district shall not be issued for any major project, as defined in 16C-102, to any applicant by the office of the Public Works Director unless an application for a certificate of appropriateness has first been reviewed and approved by the preservation staff, by the Haysville Historic Committee and, if a protest is filed, by the city council. Minor projects, as defined in 16C-102, and those not requiring a permit but which propose to alter features which have been defined in a historic district's preservation guidelines as requiring protection shall require a certificate of appropriateness application. Projects which will or have the potential to damage or destroy historic features of a historic landmark or a historic resource which is located within a historic district shall be subject to a certificate of appropriateness review.

(b)   When applying for a certificate of appropriateness, the applicant shall provide plans, specifications or other documentation pertaining to the work as required on the Haysville Historic Committee's adopted application forms. A complete certificate of appropriateness application and accompanying materials shall be submitted to the preservation staff for review of the application and determination if the proposed work is a major or minor project.

(c)   The Haysville Historic Committee shall review the application after the classification of the project being minor or major as determined by the preservation staff. (refer to 16C-102).

(1)   Major Project - The Haysville Historic Committee shall recommend approval, approval with conditions, or denial within thirty (30) days of the receipt of an application. Upon receiving the recommendation of the Haysville Historic Committee, the Haysville Planning Commission shall call and hold a public hearing.  Notice of such hearing shall be published at least once in the official city newspaper.  Such notice shall be published at least 20 days prior to the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms.  The Planning Commission shall prepare its recommendations by a majority vote, and shall submit a summary of the hearing to the Governing Body.  The Governing Body either may approve, override or return the recommendation to the Planning Commission.  The Planning Commission may resubmit original, new, or an amended recommendation to the Governing Body.  Upon return from the Planning Commission to the Governing Body, the Governing Body by simple majority may adopt, revise, or amend and adopt or take no further action.  If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting, the Governing Body shall consider it as a resubmission of the original recommendations and proceed accordingly.

(2)   Minor Project - A certificate of appropriateness for a minor project shall be reviewed and approved or denied by the Planning and Zoning Administrator. The Administrator shall notify, in writing, the applicant and provide a copy of documented approval to the office of the Planning Administrator. An appeal from a denial of an application for a minor project may be filed with the preservation staff within five (5) business days. A public hearing on the appeal, as set out above for major projects, shall be at the next appropriate meeting of the Planning Commission.

(d)   Ordinary maintenance and repair not otherwise subject to a permit or restricted by the historic preservation guidelines may be carried out without a certificate of appropriateness.

(e)   If no action has been taken by the preservation staff and/or the Haysville Historic Committee within thirty (30) days for major projects and within fifteen (15) days for minor projects after date of receipt of the completed application, the permit may be applied for with the office of the public works director.

(f)   No significant change shall be made in the work defined in the certificate of appropriateness application after issuance of a certificate of appropriateness without re-submittal and approval thereof in the same manner provided herein.

(g)   A certificate of appropriateness may be re-filed provided the request addresses the concerns stated by the city council in its denial.