§ 65.471. Procedure for Issuance of Certificate of Appropriateness; Application; Review; Hearing; Criteria; Approval/Denial; 180-Day Waiting Period; Appeal.

Application. Any person desiring to construct, alter, restore, relocate or demolish an Historic Landmark or a structure in an HP Overlay District must submit to the Historic Preservation Board a fully completed written application form requesting the issuance of a Certificate of Appropriateness. Application forms and summaries of deadlines and application procedures shall be maintained by the Historic Preservation Officer and shall be made available to the general public. It shall be the responsibility of the Historic Preservation Office to institute the applicable and appropriate review procedure. There are hereby established for all Orlando Historic Districts and Historic Landmarks two Certificate of Appropriateness review procedures.

Submittal Requirement. Submittals shall be as set forth in Section 65.376 of this Code, including any other requirements as provided by the Appearance Review Officer.

MAJOR REVIEW

One procedure shall be a major review and will occur for alterations, construction, restorations, relocations, demolitions or other significant changes to the appearance of an Historic Landmark or structure in an HP Overlay District which have a major impact on the significant historical, architectural, or cultural materials of the structure and/or the district. A major review may also occur at the request of an applicant.

Major Review Criteria. All reviews, recommendations and decisions regarding the application shall specifically address and list all facts and considerations which support or refute whether the proposed alteration, demolition, etc. is compatible with the standards, values and characteristics of the particular district or Historic Landmark. Said standards, values and characteristics are listed at Section 58.401 and Parts 2 and 7 of Chapter 62 of this Code and are recited in the ordinances which created the relevant district or landmark.

Major Review. After submission of the application, the Historic Preservation Officer shall prepare a written recommendation which addresses the criteria listed above in the paragraph entitled "Major Review Criteria," and which recommends approval, denial or approval-with-conditions of the application. The recommendation of the Historic Preservation Officer is then sent to the Historic Preservation Board prior to a hearing.

Major Review Hearing and Decision. After receipt of the recommendation(s) described above, and after written notice to the applicant and posting of a notice sign on the affected property or structure (both of which notices must describe the nature of the hearing, and its time, date and place), the Historic Preservation Board shall hold a public hearing on the application. Any person shall be permitted to comment at such hearing. After the hearing, the Historic Preservation Board shall issue its written decision approving, denying, or approving with conditions the application. The decision must address the criteria described above in the paragraph entitled "Major Review Criteria," and must state the reasons for such a decision.

Major Review Approval/Denial. If the application is approved, the Certificate of Appropriateness shall be issued. If the application is denied, a Certificate of Appropriateness shall not be issued. If the application is approved with conditions, then the Certificate of Appropriateness shall be issued with the conditions noted, and the applicant must meet all such conditions.

Major Review 180-Day Waiting Period. A major review 180 day waiting period shall be required in the event that a Certificate of Appropriateness is sought for any demolition or relocation of any Historic Landmark or any structure in an HP Overlay District. If a Certificate is issued by the Historic Preservation Board, then such Certificate must include the condition that the applicant must wait for a total period of 180 days (measured from the time when the minutes of the Board hearing are accepted by City Council) before the applicant may perform such demolition or relocation in accordance with Section 65.476.

Major Review Hardships. The Historic Preservation Board is authorized to issue Certificates of Appropriateness and to reduce or waive 180-day waiting periods (where applicable) even though the appropriate criteria listed above have not been met if, and only if, the denial of such Certificate or the imposition of such waiting period (where applicable) would cause the property owner extreme hardship, not including loss of profit.

MINOR REVIEW

One procedure shall be a minor review procedure composed of Administrative review performed by the planning official or designee and a qualified member of the Historic Preservation Board.

The Historic Preservation Board shall appoint one board member and two alternates to serve on the Minor Review Committee. The term of the appointment shall be for a period of one year. The Historic Preservation Board members who will serve on the Minor Review Committee shall be a representative of one of the following organizations, professions, or groups:

(a)

An architect.

(b)

An engineer.

(c)

A building contractor.

(d)

A landscape architect.

(e)

An architectural historian.

General. A minor review shall occur for construction and alterations of an Historic Landmark or structure in an HP Overlay District which have a minor impact on the significant historical, architectural, or cultural materials of the structure and/or the district. If there is a conflict between any historic district ordinance and this ordinance, this ordinance shall apply. The minor review procedure shall apply to the following:

1.

All fences and gates;

2.

Awnings and back-lit awnings;

3.

Signs painted or attached to window surfaces, signs including wall graphics painted on facade(s), and name plaques one square foot or smaller;

4.

Replacement of same or like materials for gates, fences, driveways, walkways, steps, siding, roofs, doors, or windows;

5.

Mechanical systems including heat and cooling equipment and irrigation systems;

6.

Small accessory structures under 100 square feet in the rear yard as defined in Chapter 66, "Definitions" of this Code and not visible from the right-of-way;

7.

All paint colors where required;

8.

All paving materials;

9.

Roof color where required;

10.

Foundation skirting;

11.

All exterior lighting;

12.

Signs for non-contributing structures in commercially zoned areas;

13.

Garage doors not visible from the right-of-way;

14.

Communication Towers and wireless communication facilities;

15.

Any other request determined by the planning official or his designee and the Minor Review Committee to have a minor impact or no potential detriment on the structure or historic district.

If either the planning official or his designee and the Minor Review Committee member determines that there would be a major impact or potential detriment as a result of the proposed action, the application shall be submitted for major review.

Minor Review Criteria. All reviews, recommendations, and decisions regarding the application shall specifically address and list all facts and considerations which support or refute whether the proposed alteration, demolition, etc., is compatible with the standards and characteristics of the particular district or landmark. Said standards and characteristics are listed in Section 58.401, and Parts 2 and 7 of Chapter 62 of this Code and are recited in the ordinances which created the relevant district or Historic Landmark.

Minor Review. After submission of the minor review application, the planning official or his designee shall prepare a written recommendation which addresses the criteria listed above in the paragraph entitled "Minor Review Criteria," and which recommends approval, denial, or approval-with-conditions of the application. The recommendation of the planning official or his designee shall be presented to the applicant and Minor Review Committee at a Minor Review Committee meeting which shall take place within ten (10) days of the submittal of a Certificate of Appropriateness application.

The minor review shall require no posting of a notice sign on the affected property or public hearing on the application. After the minor review, the Minor Review Committee shall issue a written decision approving, denying or approving-with-conditions the application.

Minor Review Approval/Denial. If the application is approved, the Certificate of Appropriateness shall be issued. If the application is denied, a Certificate of Appropriateness shall not be issued. If the application is approved-with-conditions, then the Certificate of Appropriateness shall be issued with the conditions noted, and the applicant must meet all such conditions.

Minor Review Denial. If the Minor Review Committee denies the Certificate of Appropriateness request, the applicant may apply for a major review before the Historic Preservation Board.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 6-20-1994, Doc. #27635; Ord. No. 2016-39, § 3, 4-18-2016, Doc. #1604181201)