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(a) When the owner of a property within a Preservation District proposes new construction or alteration of any portion of a structure within the Preservation District, the owner shall first apply for (through the Chief Building Inspector) and secure a Certificate of Appropriateness from the Design Review Board. The application for a Certificate shall be filed with the Chief Building Inspector, together with such plans, specifications, and other material as the Design Review Board may from time to time prescribe.
(b) The Design Review Board shall consider the applications, plans, and specifications filed with the application for the Certificate of Appropriateness.
(c) If the proposed alteration is determined to have no adverse effect by the Design Review Board on the Preservation District, and does not violate the spirit and purposes of these regulations, then the Board Secretary shall issue the Certificate of Appropriateness. If the Design Review Board fails to act on an application within sixty (60) days of filing, the application shall be deemed approved.
(d) If the Design Review Board determines that the proposed alteration will have an adverse effect on the Preservation District, and does violate the spirit and purposes of these regulations, then the Board shall deny issuance of the Certificate of Appropriateness.
(e) In the event that the Design Review Board determines that a Certificate of Appropriateness shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition of any area, place, building, structure, site, object, or work of art. The Secretary of the Board shall forthwith notify the applicant and the Chief Building Inspector of such determination and transmit to the applicant a copy of the reasons for denial and recommendations, if any, of the Board.
(f) In the case of denial of a Certificate of Appropriateness, applicant may appeal denial of the decision of the Design Review Board to Council within thirty (30) days:
(1) Council may affirm or reverse the Board's decision. Council shall decide the appeal within sixty (60) days after the owner has filed a Notice of Appeal with Council.
(Ord. 01-34. Passed 4-9-01.)