1181.05 CERTIFICATE OF APPROVAL REQUIRED FOR NEW CONSTRUCTION OR MODIFICATIONS IN THE C-3 DISTRICT.
   A certificate of approval shall be obtained from the C-3 Design Review Committee prior to commencing any new construction or modification to a property in the C-3 District. For the purposes of this Section, modifications shall include: expanding the floor area of the permitted use; altering significant exterior architectural features of the building, which does not alter the footprint or ground floor area of the building; demolition of a building or structure; or any exterior change to the property such as signs, fences, walks, statues, paint and similar features.
(a)    The application for a certificate of approval shall be filed with the City with such plans, specifications, and other material as the C-3 Design Review Committee may prescribe.
(b)    Within 30 days after receipt of an application for a certificate of approval, the C-3 Design Review Committee shall consider the application, plans, and specifications and determine whether the proposed construction, reconstruction, demolition or alteration is appropriate, or whether it has an adverse effect upon the property. In making such determination, the C-3 Design Review Committee shall consider the design criteria adopted by the C-3 Design Review Committee, set forth in Section 1155.10, and any other information available.
(c)    The C-3 Design Review Committee shall hold a public meeting on the proposal, unless determined unnecessary by the Chairman of the Committee pursuant to Subsection 1181.05(j). Notice of the meeting shall be given to the applicant at least seven (7) days prior to the date on which such meeting is held.
(d)    If the proposed construction, reconstruction, demolition or alteration is determined to have no adverse effect on the property, then the certificate of approval shall be issued. That certificate may also contain conditions imposed by the C-3 Design Review Committee to insure that the construction, reconstruction, demolition or alteration will be compatible with the historic nature of the property.
(e)    If the C-3 Design Review Committee determines that the proposed construction, reconstruction, demolition or alteration will have an adverse effect on the property, then the C-3 Design Review Committee shall deny issuance of the certificate of approval.
(f)    In the event that the C-3 Design Review Committee determines that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination, and may include recommendations relative to the proposed construction, reconstruction, demolition or alteration of any building, structure, site, or object. The C-3 Design Review Committee shall notify the applicant in writing of such determination and transmit to him/her the reasons for denial and recommendations, if any, of the C-3 Design Review Committee.
(g)    Applications for certificates of approval for proposals in the core area of the C-3 District shall be further reviewed by the C-3 Design Review Committee to determine compliance with the U.S. Secretary of Interior’s Standards for Rehabilitation. Only after the Design Review Committee has approved the application, and the Ohio Historic Preservation Office has approved the plans, can the rehabilitation work take place. Copies of the Standards are available in the Office of the Zoning Administrator.
(h)    When the proposed construction or alteration is also subject to development plan review, pursuant to Section 1183.02, the C-3 Design Review Committee may act on an application for a certificate of approval prior to Planning Commission’s approval of the development plan.
(i)    The applicant may appeal a denial of the certificate of approval to the Planning Commission.
(1)    The Planning Commission may reverse or modify the decision of the C-3 Design Review Committee only when the Commission finds that:
A.    The decision of the C-3 Design Review Committee is not consistent with the purpose and intent of the design criteria set forth in Section 1155.10; or
B.    The application of the design criteria set forth in Section 1155.10 creates a hardship in terms of excessive costs or prohibiting a reasonable use of the property for its intended purpose.
(2)    In evaluating the appeal, the Planning Commission shall rely on the findings and determination of the C-3 Design Review Committee.
(3)    The Planning Commission shall review the appeal and issue its determination within 45 days after receipt of the appeal.
(j)    The C-3 Design Review Committee may designate a staff member to review and approve certain minor alterations, in which case the C-3 Design Review Committee shall adopt standards for the staff review, and amend the standards as necessary.