(a) A certificate of approval shall be obtained prior to commencing any new construction or modification to a property in the C-3 Core District. For the purposes of this Section, modifications shall include: expanding the floor area of a permitted use; altering significant exterior architectural features of a 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, awnings, paint and similar features.
(1) The application for a certificate of approval shall be filed with the City with such plans, specifications, and other material as the Zoning Administrator may prescribe.
(2) Within thirty (30) days after receipt of an application for a certificate of approval, the City shall consider the application, plans, and specifications and determine whether the proposed construction, reconstruction, demolition or alteration meets the C-3 design criteria as set forth in Section 1155.03.
(3) Applications for demolition, new construction, or substantial modifications to building facades, including change of materials, wall openings, or building renovations exceeding fifty percent (50%) of assessed value per the County Auditor shall be reviewed by the Planning Commission to determine if the proposal has an adverse effect upon the property and the DBHD. Notice of the meeting shall be given to the applicant and the public at least ten (10) days prior to the date on which such meeting is held.
A. 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 Planning Commission to ensure that the construction, reconstruction, demolition, or alteration will be compatible with the historic nature of the property.
B. If the Planning Commission determines that the proposed construction, reconstruction, demolition or alteration will have an adverse effect on the property, then the C-3 certificate of approval shall be denied.
C. In the event the Planning Commission 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. The applicant shall be notified in writing of such determination and the reasons for denial and recommendations, if any.
(4) The applicant may appeal a denial of the certificate of approval to the City Council within fifteen (15) days of notice of determination.
(5) The City Council may reverse or modify the decision only when the Council finds that:
A. The decision of the Planning Commission is not consistent with the purpose and intent of the design criteria set forth in Section 1155.03; or
B. The application of the design criteria set forth in Section 1155.03 creates a hardship in terms of excessive costs or prohibiting a reasonable use of the property for its intended purpose.
C. In evaluating the appeal, the City Council shall rely on the findings and determination of the Planning Commission.
D. The City Council shall review the appeal and issue its determination within forty-five (45) days after receipt of the appeal.
(6) When the proposed construction or alteration is also subject to development plan review, pursuant to Section 1181.02, the Planning Commission shall review the certificate of approval application concurrent with the development plan.
(b) Minor alterations shall be reviewed by the Zoning Administrator. Minor alterations include
(1) Signs
(2) Paint and minor façade repairs
(3) Replacement of windows, doors and trim
(4) Awnings
(5) Fences
(6) Landscaping and street furnishings
(Ord. 62-2023. Passed 1-16-24.)