CHAPTER 25

HISTORIC PRESERVATION COMMISSION

25.01    PURPOSE AND INTENT. The purpose and intent of this chapter are to:

1. Promote the educational, cultural, economic and general welfare of the public through the protection, recognition, enhancement, and perpetuation of landmarks and districts of historical and cultural significance;

2. Safeguard the City’s architectural, prehistoric, historic, aesthetic and cultural heritage by preserving landmarks and districts of historic and cultural significance;

3. Promote reuse and recycling of both natural and manmade resources (as opposed to their replacement);

4. Stabilize and improve property values by conserving historic properties;

5. Foster pride in the legacy of beauty and achievements of the past;

6. Protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to business thereby provided;

7. Strengthen the economy of the City;

8. Promote the use of landmarks and districts of historic and cultural significance as places for the education, pleasure and welfare of the people of the City;

9. To establish a preservation plan to accomplish the goal of this section.

The work of the Historic Preservation Commission is applicable only to properties located in nationally or locally designated historical districts.

25.02    DEFINITIONS. For the purpose of this chapter, the following words have the following designated meanings. Unless specifically defined, words, terms and phrases shall be construed so as to give them the same meaning as they have in common usage.

1. “Alteration” or “change” means the erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building or historic landmark.

2. “Applicant” means the party making application for a Certificate of Appropriateness from the Historic Preservation Commission.

3. “Application” means a written request by a property owner or other party to the Historic Preservation Commission for a Certificate of Appropriateness.

4. “Architectural resources” means districts, structures, buildings, monuments, sites, and landscaping that possess local interest or artistic merit, or which are particularly representative of their class or period, or represent achievements in architecture, engineering, technology, design, or scientific research and development.

5. “Certificate of Appropriateness” means the document, evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance, which must be obtained before a regulated permit may be issued.

6. “Change of appearance” means any change or alteration of the exterior features of a landmark, of a building or change or alteration of the appearance of a property within an historic district or conservation district. This definition shall pertain only to changes in appearance, which are visible from the public way or from adjacent properties and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable City codes.

7. “Commission” means the Burlington Historic Preservation Commission, as established herein.

8. “Compatible” means capable of existing together in harmony.

9. “Compatible structures” means structures that have been too altered to be considered contributing yet are similar to the architectural styles of the Historic District or Landmark or structures of a period other than the dominant period or periods represented in the district, but which complete the streetscape in a harmonious way through similarity of size, scale, color, material, and architectural character of the structure. A building of the dominant period or periods represented is considered a compatible structure. To be considered compatible, structures must be at least fifty (50) years old.

10. “Consistent” means that which is similar to, or nearly the same.

11. “Contributing structures” means structures establishing the architectural character of the area; structures may represent one architectural style or a broad range of architectural styles. To be considered contributing, structures must be at least fifty (50) years old.

12. “Demolition” means any act that destroys in whole or in part the exterior of a building or structure in a Historic District or Historic Landmark.

13. “Design criteria” means standards for architectural elements characteristic of specific architectural styles for a particular designated Historic District or Historic Landmark.

14. “Design guidelines” means regulations intended to preserve the historic and architectural character of a Historic District or Historic Landmark.

15. “Exterior architectural features” means the architectural character and general composition of a structure, including but not limited to the kind of texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, fences, gates, alleys, retaining walls and other appurtenant elements.

16. “Historic District” means an area that contains contiguous pieces of property under diverse ownership which:

1. An area, specifically designated by the Commission and approved by the Council, which contains a significant portion of buildings, structures or other improvements which, considered as a whole, possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:

2. Embodies the distinctive characteristics of a type, period or method of construction, or that represents the work of a master, or that possesses high artistic entity whose components may lack individual distinction; or

3. Is associated with events that have made significant contributions to the broad patterns of local, State or national history; or

4. Possesses a coherent and distinctive visual character or integrity based upon design, color, setting, workmanship, materials or combinations thereof, which adds significantly to the value and attractiveness of properties within such area; or

5. Is associated with the lives or persons significant in our past; or

6. Has yielded, or may likely yield, information important in prehistory, or history.

17. “Historic Landmark” means a structure, building, discernible place or area, specifically designated by the Commission and approved by the Council, which:

1. Embodies the distinctive characteristics of a type, period or method of construction or that represents a work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity; or

2. Is associated with events that have made a significant contribution to the broad patterns of local, State or national history; or

3. Is associated with the lives of persons significant in our past; or

4. Has yielded, or may be likely to yield, information important in prehistory, or history.

18. “Historic materials” means building materials that are common to the period of significance for the architectural style of the structure. Other materials may be used as an acceptable alternative if:

1. The historic material on the structure is so deteriorated or damaged that it cannot be repaired;

2. The substitute material can be installed without irreversibly damaging or obscuring the architectural features and trim of the building; and,

3. The substitute material matches the historic material in size, design, composition, and texture for the alteration area and in size, design, and texture for the new construction area.

19. “Historic resources” means sites, districts, structures, buildings, or monuments that represent facets of history in the locality, State or nation; places where significant historical or unusual events occurred; places associated with a personality or group important to the past.

20. “New construction” means the erection of a new principal or accessory structure on a lot or property, or an addition to an existing structure.

21. “Noncontributing structures” means structures that are neither of an architectural style or time period representative of the Historic District or Historic Landmark.

22. “Property owner” means an individual or group of individuals, corporation, partnership, association or any entity, including State and local governments and agencies, which own real estate.

23. “Repair” means any change that is not new construction, removal, or alteration. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building. Changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. If requested, the Development Department staff will assist in appropriate color selection.

25.03    HISTORIC PRESERVATION COMMISSION ESTABLISHED.

1. The Historic Preservation Commission is established.

2. The Commission shall consist of seven (7) members who shall be residents of the City.

3. Members of the Commission are appointed by the Council. At least one resident of each designated historic district shall be appointed to the Commission. Members shall demonstrate a positive interest in historic preservation, possessing interest or expertise in architecture, architectural history, city planning, building rehabilitation, conservation in general, or real estate.

4. Members shall serve three (3) year terms.

5. Vacancies occurring in the Commission, other than expiration of term of office, shall be filled only for the unexpired portion of the term of the member replaced.

6. Members may serve for more than one (1) term and each member shall serve until the appointment of a successor.

7. Vacancies shall be filled by appointment by the Council.

8. Members shall serve without compensation.

9. A simple majority of the Commission shall constitute a quorum for the transaction of business.

10. The Commission shall meet at least three (3) times a year.

25.04    RULES OF THE COMMISSION.

1. The Commission shall elect from its membership a chairperson and vice-chairperson whose term of office shall be one year. The chairperson and vice-chairperson may serve for more than one term. The chairperson shall preside over the Commission and have the right to vote. The vice-chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson.

2. The chairperson shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for Certificates of Appropriateness, resolutions, proceedings and actions of the Commission.

3. The Commission shall keep a record, which shall be open to public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a Certificate of Appropriateness to be granted, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Council and may make such recommendations to the Council as it deems necessary to carry out the principles of this chapter.

25.05    POWERS AND DUTIES OF THE COMMISSION.

1. The Commission may conduct or supervise inventory studies for the identification and designation of Historic Districts and Historic Landmarks meeting the identification definitions established herein. The Commission may proceed at its own initiative or upon a petition from any person or organization may review proposals for designation. The Commission shall maintain records of all studies and inventories for public use.

2. The Commission shall make recommendations to the State Office of Historic Preservation for the listing of a historic district or landmark in the National Register of Historic Places and may conduct a public hearing thereon.

3. The Commission shall investigate and recommend to the Council the adoption of ordinances designating Historic Districts and Landmarks if they qualify as defined herein.

4. The Commission shall further the efforts of historic preservation in the City by making recommendations to the Council and City commissions and boards on preservation issues when requested, thus encouraging the protection and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities.

5. The Commission shall issue or deny a Certificate of Appropriateness if requested by applicants.

6. The Commission shall administer its budget as provided by the Council.

7. In addition to those duties and powers specified in this section, the Commission may, with Council approval:

1. Cooperate with the Federal, State and local governments in the pursuance of the objectives of historic preservation;

2. Provide information for the purpose of historic preservation to the Council;

3. Promote and conduct an educational and interpretive program on historic preservation in general, and on historic properties within its jurisdiction specifically.

4. Conduct other activities as assigned by the Council.

25.06    CRITERIA FOR CONSIDERATION.

1. Historic Districts. Before an area, which contains contiguous parcels of diverse ownership, can be designated as a Historic District, as evidenced by information provided by the proponents of the district, it must satisfy the definition of a Historic District and the following criteria:

1. Properties are significant in national, State or local history, architecture, archeology, and culture; and

2. A minimum of sixty-six percent (66%) of the principal structures in the proposed district are contributing and/or compatible structures from a historical architecture standpoint. Of the structures that are determined to be either contributing or compatible, a minimum of one structure or ten percent (10%) of those structures, whichever is greater, shall be contributing from a historical architecture standpoint; and

3. The contributing and compatible structures in the proposed district must be a minimum of fifty (50) years old.

4. Application for nomination for a historic district must include a written consent of majority of the property owners.

2. Historic Landmarks. Before a building, structure, or discernible place can be designated as a Historic Landmark, as evidenced by information provided by the proponents of the district, it must satisfy the definition of a Historic Landmark and shall meet the following criteria:

1. Properties are significant in national, State or local history, architecture, landscape architecture, archeology, and culture; and

2. Properties possess integrity of location, design, setting, materials, workmanship, feeling and association.

3. Application for nomination for a historic landmark must include a written consent of the property owner.

25.07   PROCEDURES FOR DESIGNATION.

1. Designation of a Historic District may be proposed by any person or organization. Such proposal shall be filed with the Development Department upon the prescribed form and shall include the following data:

1. A map showing Assessor’s plat of the area, boundary and boundary description, legal description, and size of area in acres;

2. Photographs and/or other descriptive material of each building within proposed district;

3. List of all property owners and their addresses;

4. Narrative providing information concerning at least one of the following, but all which are applicable:

(1) Its association with events that have a significant contribution to the broad patterns of national, State or local history; or

(2) Its association with the lives of persons significant in the national, State, or local history; or

(3) Its embodying of the distinctive characteristics of a type, period, method of construction, etc.

5. Documentation (photographs or written statements) that indicates the structures in the proposed district are a minimum of fifty (50) years old;

6. Information which indicates that sixty-six percent (66%) of the structures in the area are contributing and/or compatible.

7. Design criteria proposed as an aid to decisions on Certificates of Appropriateness (this document should be prepared by the petitioner, and/or with the assistance of, the City Development Department staff);

8. A list of the names and addresses of property owners within two hundred (200) feet of the subject district.

2. Designation of a Historic Landmark may be proposed by any person or organization. Such proposal shall be filed with the Development Department upon the prescribed form and shall include the following data:

1. A map showing Assessor’s plat of the area, boundary and boundary description, legal description, and size of area in acres or square feet;

2. Photographs and/or other descriptive material of each building within proposed landmark;

3. List of all property owners and their addresses;

4. Narrative providing information concerning at least one of the following, but all which are applicable:

(1) Its association with events that have a significant contribution to the broad patterns of national, State, or local history; or

(2) Its association with the lives of persons significant in the national, state, or local history; or

(3) Its embodying of the distinctive characteristics of a type, period, method of construction, etc.

5. Documentation, if applicable (photographs or written statements), that indicates the structures in the Historic Landmark are a minimum of fifty (50) years old; and

6. Design criteria proposed as an aid to decisions on Certificates of Appropriateness (this document should be prepared by the petitioner, and/or with the assistance of, the City Development Department staff);

7. A list of the names and addresses of property owners within two hundred (200) feet of the subject property.

25.08    PUBLIC HEARINGS AND ENACTMENT PROCEDURES.

1. Oral and written testimony concerning the significance of the nominated Historic District or Historic Landmark shall be taken at a public hearing before the Commission. The Development Department shall notify, by mail, all property owners of a proposed landmark or within a proposed district a minimum of twenty (20) days prior to the public hearing to be held by the Commission. The Commission, upon hearing the proposal, will review and make recommendations to the Council within forty-five (45) days.

2. The Council shall forward the proposed Historic District or Historic Landmark designation to the State Historic Preservation Office for review and recommendation. Within a reasonable time after receipt of the recommendation from the State Historic Preservation Office, but not later than after forty-five (45) days, the Council shall make a final determination on the proposed landmark or district designation. Designation of such an area shall be by enactment of an ordinance to amend the Official Zoning Map of the City to show such designated area in accordance with the hearing, notice and procedure requirement of Chapter 414, Code of Iowa.

25.09    CERTIFICATE OF APPROPRIATENESS – GENERAL. Any act of alteration, demolition, new construction, or relocation as defined herein shall require a Certificate of Appropriateness. Furthermore, every application for a building permit or a demolition permit, including the accompanying plans and specifications, affecting the exterior architectural appearance of a property within a designated Historic District or Historic Landmark shall be accompanied by an application for a Certificate of Appropriateness. The City Code Inspector shall not issue the building or demolition permit until a Certificate of Appropriateness has been issued.

1. Alteration of an Exterior Part of a Building or a Structure in a Historic District or Historic Landmark Designated by the Commission and Council.

1. Alterations to existing structures that are contributing or compatible structures in historic districts or to structures designated as historic landmarks shall be permitted in the following instances:

(1) An architectural feature has deteriorated to the point that it must be replaced. The architectural feature must be replicated in both design and material as provided in Section 25.02.

(2) Architectural features were added which modified the original qualities of the architectural style. The current property owner wishes to restore the structure to the original architectural style.

(3) An architectural feature can be added as long as the feature is appropriate to the architectural style of the structure. Materials used shall duplicate materials and design of the existing structure.

2. In each instance exemptions may be granted to the requirements if a hardship can be shown based on the following criteria:

(1) Replication of an architectural feature will result in a conflict with this Code of Ordinances;

(2) Materials for replication are no longer available; and

(3) Cost of replication is prohibitive.

3. The requirements for alteration area apply to the front portion of the structure and the property visible from the street right-of-way. In the case of a lot adjacent to more than one street right-of-way, both front portions of the building, as well as both front yards, should meet above requirements. The portion of the structure and the property not subject to the criteria for the alteration area will be subject to the criteria for the new construction area.

2. New Construction in a Historic District and Historic Landmark Designated by the Commission and Council. New construction in the area shall be compatible with the architectural styles representative of the Historic District or Historic Landmark. The design for the structure must meet all the design criteria listed for one of these architectural styles. Architectural features not specifically listed in the design criteria may be proposed by the applicant. Those features should be incorporated in a manner appropriate with the architectural style. Design criteria are established for each architectural style identified in each Historic District or Historic Landmark.

3. Demolition in a Historic District or Historic Landmark Designated by the Commission and Council.

1. Demolition Prohibited. Demolition of existing structures that are contributing or compatible structures or of a historic landmark shall be strictly prohibited except in the following instance: The structure cannot be used for the original intended purpose and/or no alternative reasonable use can be identified and the property owner can show evidence that a hardship will be created if the structure cannot be removed. To prove hardship, the applicant may submit, where appropriate, to the applicant’s proposal, the following information:

(1) An estimate of the cost of the proposed demolition, and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the issuance of a Certificate of Appropriateness.

(2) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation. (This is required only when the applicant’s proposal is based on an argument of structural soundness.)

(3) Estimated market values of the property in its current condition; after completion of demolition; after any changes recommended by the Commission; and after renovation of the existing property for continued use.

(4) An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional, experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(5) Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

(6) If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

(7) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.

(8) All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

(9) Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.

(10) Assessed value of the property according to the most recent assessments.

(11) Real estate taxes for the previous two (2) years.

(12) Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other.

2. Demolition by Neglect. Owners of real property in a designated historic district or of a historic landmark are responsible for preventing deterioration of same and providing appropriate maintenance of all effected structures thereon along with the surrounding environment, e.g. streetscapes, alleys, gates, fences, steps, signs, and landscaping. The City Development Department, upon determining a lack of such maintenance by a property owner, shall send written notification of same to the property owner. Said owner will have forty-five (45) days from the date of the notice of violation to bring his or her property into compliance with the provisions contained herein. After the prescribed forty-five (45) days, another inspection will be conducted by the Development Department staff. If the re-inspection confirms that the property owner continues to be in violation, the matter will be referred to the Historic Preservation Commission, which may hold a public hearing on the matter upon at least two (2) weeks’ notice to the property owner and all interested persons. The Commission will determine if the property owner is in violation of the provisions contained herein and, if so, fix the terms and conditions of compliance therewith. After the expiration of any time deadline fixed by the Commission, the Development Department will once again re-inspect the property in question. If the property owner continues in violation, the matter will be referred to the City Attorney.

3. Determination of Hardship. The Commission shall review all the evidence and information required of an applicant and make a determination whether the denial of a Certificate of Appropriateness has deprived, or will deprive, the owner of the property of reasonable use of the property. After reviewing the evidence, the Commission may deny the application, may issue a Certificate of Appropriateness for Demolition, or may table the application for a Certificate of Appropriateness for Demolition for a period of time not to exceed sixty (60) days, unless extended upon showing a good cause. The 60-day period will permit an opportunity for other alternatives to be evaluated. If a suitable alternative is not presented to the Commission within the 60-day period, the Certificate of Appropriateness for Demolition shall be issued. In no instance will the Commission approve a Certificate of Appropriateness for demolition of contributing or compatible structures within Historic District or Historic Landmark without approval of a redevelopment project and submittal by the applicant of a bond or cash escrow for an amount equal to twenty percent (20%) of the redevelopment project cost, to guarantee completion of the approved project, or if the designation for the Historic District or Historic Landmark, within which such property is located, is pending.

4. Relocation of a Historic Landmark or of a Structure Within or into a Historic District Designated by the Commission and Council. Relocation of a historic landmark or of a structure within or into a historic district shall be strictly prohibited except in the following instances:

1. The structure is being relocated to its original site.

2. Relocation of the structure is an alternative to demolition of the structure.

3. A structure to be moved within or into the district is of an architectural style found in that district. The structure can be relocated to a vacant parcel or to a parcel occupied by a non-contributing structure which has been removed.

5. Ordinary Maintenance Permitted. Nothing contained herein shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district or of any historic landmark which do not involve alterations or changes in the exterior features of a building. Changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. The Development Department staff will assist, if requested, in appropriate color selection.

6. Public Safety. Nothing contained herein shall prevent the construction, reconstruction, alteration, restoration, or demolition of any interior or exterior feature which the City Code Inspector shall certify is required for public safety because of an unsafe or dangerous condition, but any such action shall be, where possible, in accordance with the design guidelines set forth in Section 25.11 and appropriate design criteria.

25.10    PROCEDURES FOR APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS.

1. Pre-application Conference. The applicant shall request a pre-application conference from the City Development Department to discuss plans related to alterations of a property in Historic District or Historic Landmark.

2. Administrative Approval Procedure.

1. Review. Upon receipt of a fully completed application for a Certificate of Appropriateness, the application materials will be reviewed by staff of the Development Department. The application for a Certificate of Appropriateness may be:

(1) Approved as presented;

(2) Approved with modifications;

(3) Denied; or

(4) Referred to the Historic Preservation Commission.

2. Types of Alterations. A Certificate of Appropriateness for the following types of exterior alterations may be issued by staff of the Development Department, provided the proposed alterations meet the adopted Design Guidelines and Design Criteria:

(1) Gutters and downspouts;

(2) Re-roofing with compatible materials;

(3) Installation or replacement of rubber or other composition materials for flat roofs;

(4) Removal of non-original siding materials to expose original siding materials;

(5) Installation or replacement of soffit vents; and

(6) Replacement of storm doors with new storm doors designed with large panels of glass of very simple design;

3. Unresolved Dispute. Any unresolved dispute as to administrative interpretation of Code requirements will automatically require the entire application to be processed in accordance with the Historic Preservation Commission review procedure specified in subsection 3 of this section. Applications which have not received final administrative approval within thirty (30) days from the date of acceptance of the application, due to any unresolved dispute as to the administrative interpretation of this Code of Ordinances shall be submitted in their entirety to the Commission.

3. Determination by the Historic Preservation Commission.

1. Applications. The Commission shall review the application and applicable documentation for a Certificate of Appropriateness and issue or deny the application, except as provided for in subsection 2 of this section.

2. Approval/Denial. Written notice of the approval or denial of the application for a Certificate of Appropriateness shall be provided by the Development Department to the applicant and the Code Inspector within seven (7) days following the determination and shall be accompanied by a Certificate of Appropriateness in the case of an approval.

3. Denial of a Certificate of Appropriateness. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for the denial. The Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Commission to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Commission.

4. Subsequent Projects. All structures that have once obtained a Certificate of Appropriateness for a specific project shall be required to obtain a Certificate of Appropriateness for all subsequent alterations, new construction, or demolition.

4. Other Codes, Regulations, and Ordinances. In granting or denying a Certificate of Appropriateness, the Commission shall not have the power to override housing codes, zoning regulations, or any other ordinances of the City.

5. Building Permit. Upon issuance of a Certificate of Appropriateness, the applicant may apply for a building permit, if required.

25.11    STANDARDS FOR REVIEW – DESIGN GUIDELINES. It is not the intent of this chapter to limit or discourage new construction, remodeling, or other development actions, or to limit such to a specific architectural style (or styles), but rather to preserve and encourage the integrity of historic buildings, structures, sites, monuments, streetscapes, and neighborhoods and to ensure their compatibility with any new work. In considering an application for a Certificate of Appropriateness, the Commission shall be guided by the design guidelines, which shall pertain to all historic districts and landmarks; and, by the design criteria, which shall apply only to the particular historic district or landmark for which they are enacted.

25.12    HISTORIC PRESERVATION DISTRICTS AND LANDMARKS – DESIGN CRITERIA. All properties within a certain area of the City may be designated as a Historic District or Historic Landmark according to the provisions contained herein. All new buildings in Historic Districts or Historic Landmarks shall be compatible with the appropriate architectural styles, as described in accompanying application design criteria, and have the characteristics hereinafter set out with respect to these styles. Alterations and new construction pertaining to an existing building shall be of the same architectural type as said building.

25.13    APPEALS. Any person aggrieved by or adversely affected by a decision of the Commission may, within thirty (30) days of that decision, appeal the Commission’s actions to the Council. The Council shall determine whether the Commission exercised its powers in accordance with the applicable laws and ordinances, or whether the Commission’s action was patently arbitrary. The Council can overrule the Commission’s decision.

25.14    ENFORCEMENT. It is the duty of the Code Inspector to enforce these provisions and to bring to the attention of the Council any violations or lack of compliance herewith.