§ 3.03.04. Certificate of Appropriateness

A.

General Requirements

1.

A COA from the HRRB shall be required before a person may undertake the following work on, or alteration to, a Landmark, whether or not a building permit is required for such work:

a.

Exterior alteration, including murals.

b.

Alteration of an archaeological resource.

c.

Relocation.

d.

New construction.

e.

Demolition.

f.

Permanent landscaping.

2.

A COA shall not be required for the painting of historic materials which were originally painted. A COA shall be required when an applicant proposes to paint an historic material which has not previously been painted (i.e., brick or stone) and for color selection for a new structure on a Landmark Site or an addition to a Landmark. In this case, the color should be compatible with that of the historic structure or Landmark.

3.

A COA may contain the HRRB's recommendations for work on, or alteration to, a Landmark. Recommended work or alteration shall be clearly designated as "recommended." Performance of recommended work or alteration is not required as a condition of the issuance of the COA.

4.

A COA may be required if any development activity results in a discovery of historical or archaeological artifacts on the project site.

B.

Initiation of Certificates of Appropriateness Review Procedures

1.

The County Administrator or other applicable County departments shall refer to the HRRB any person applying for a permit or development order which will affect a designated Landmark. Application shall be made directly to the HRRB for a COA.

2.

To be placed on the HRRB's current month's agenda, application must be filed no less than ten calendar days before the regularly scheduled HRRB meeting. If the application is not filed at least ten days prior to the next regularly scheduled meeting, the HRRB will review the application at the following month's regularly scheduled meeting.

C.

Administrative Review and Determination for Minor Work

The HRRB shall prepare a list of routine alterations which may receive administrative approval from the HRRB staff without a public meeting, provided that the alteration complies with the guidelines of the HRRB. Such approvals shall include but not be limited to:

1.

Minor Work by replacement of damaged or deteriorated materials in like kind including:

a.

Roofing

b.

Siding

c.

Windows

d.

Railings

2.

Restoration by replacing non-historic elements with reproduction elements matching or approximating the original materials.

3.

Emergency repair or replacement of water, sewer, or necessary underground utilities on, or in the immediate vicinity of a Landmarked Archaeological Resource.

D.

HRRB Review

1.

Prior to formal COA application, a tentative COA proposal may be brought before the HRRB for comments.

2.

For new construction, conceptual plans shall be reviewed and approved prior to the preparation of construction drawings, which shall also be reviewed and approved before a COA is issued.

3.

An application for a COA for archaeological disturbance shall be accompanied by full plans and specifications indicating areas of work that might affect the surface and subsurface of the archaeological site.

4.

The County Administrator shall post a notice on the property at a location visible to the public seven calendar days prior to the meeting.

5.

The applicant, or its representative, shall attend the meeting at which the application shall be reviewed. Failure to attend shall invalidate the application.

E.

HRRB Determination

1.

The HRRB shall take action at a public meeting on each application for a COA.

2.

COA's approved by HRRB staff shall be reviewed and formally approved by the HRRB.

3.

For COAs which do not meet the criteria for HRRB staff approval, the following action shall occur:

a.

The HRRB shall make a decision on each application at its next regularly scheduled meeting provided the application has been made at least ten days prior to that meeting and seven-day proper public notice has been posted by the County Administrator.

b.

The HRRB may:

• approve the COA application as presented;

• approve the COA application with conditions (the HRRB shall provide the applicant with a list of the conditions); or

• deny the COA application.

c.

For demolition, relocation or new construction, the HRRB may extend the decision for an additional 30 days, or with the mutual consent of the HRRB and the applicant, for an additional specified period of time.

d.

The HRRB decision shall be an oral vote, recorded in the minutes of the meeting and confirmed in writing to the applicant by the HRRB staff. Reasons for the decision shall be given. The HRRB may suggest modifications with review by HRRB staff.

e.

Should the HRRB fail to act on an application within the above referenced time frame, the application shall be deemed approved.

f.

Applicants shall be given notice of the public meeting at which their application will be heard.

4.

The issuance of a COA shall not relieve the applicant from obtaining other development permits, orders, and approvals required by Hillsborough County. A building permit or other development permit, order, or approval shall be invalid if it is obtained without the COA required for the proposed work.

F.

Limitations on New Application

If the HRRB determines that a COA shall not be issued for a proposed alteration, relocation or new construction, a new application affecting the same property may be submitted during the 12 months after the disapproval only if a substantial change, as determined by HRRB staff, is made in the plans for the proposed work. The new application shall address the issues discussed by the HRRB as its reasons for rejecting the application.

G.

Appeal

An appeal from a decision of the HRRB on a COA may be taken to the Land Use Hearing Officer pursuant to 10.05.01

(Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)