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CERTIFICATE OF APPROPRIATENESS
§ 158.095 ISSUANCE.
   (A)   Prior to the issuance of a building permit for the purposes of any demolition, new construction, alteration, modification, or addition to a historic property, a certificate of appropriateness from the Commission shall be required. Any building permit or other permit not issued in conformity with this section shall be considered void. The penalties provided for violations of the building code will apply to violations of this chapter.
   (B)   The certificate shall be a standard form, signed by either the Chairman or the Vice-Chairman of the Commission, stating that the requested demolition, moving, or change to the exterior appearance of a structure is approved by the Commission. Application for a certificate of appropriateness must be made by the owner of the property or by his or her authorized representative or agent. Action relating to applications for a certificate of appropriateness must be taken by the Commission within 45 days of receipt by the Commission of complete and proper applications for a certificate of appropriateness. The Building Official is authorized to issue a certificate of appropriateness for maintenance and repair, as described in this chapter, without approval by the Commission.
(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)
§ 158.096 APPLICATIONS.
   (A)   An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the appropriate administrative official as designated by the Commission. Applications for certificate of appropriateness shall be considered by the Commission at its next regular meeting, provided they have been filed, completed in form and content, at least seven calendar days before the regularly scheduled meeting of the Commission; otherwise consideration shall be deferred until the following meeting.
   (B)   The Commission shall not exercise jurisdiction over, nor shall it consider interior arrangement or any alteration to the interior of any structure designated as historic by the City Council provided it does not change the exterior.
   (C)   The Commission shall not consider exterior alterations to any portion(s) of structures which cannot be viewed from any public road, street or right-of-way.
   (D)   The Commission shall, as set forth in its Rules of Procedure, require data as are reasonably necessary to determine the nature of the proposed work. An application for a certificate of appropriateness shall not be considered complete until all required data have been submitted.
   (E)   Nothing shall keep the applicant from filing with the application relevant information bearing on the application.
(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)
§ 158.097 NOTIFICATION OF AFFECTED PROPERTY OWNERS.
   Prior to consideration of an application for a certificate of appropriateness, notice of the application shall be sent to adjacent property owners seven days prior to the meeting in which the application is considered. The Commission shall provide an opportunity for the property owners to speak during the meeting.
(Ord., passed 6-8-93; Am. Ord. 14-016, passed 11-11-14)
§ 158.098 COMMISSION ACTION ON APPLICATION.
   (A)   The Commission shall take action on the application and in doing so shall apply the review criteria contained in §§ 158.102 through 158.105 . The Commission’s action on the application shall be to approve, approve with modifications, or deny said application.
   (B)   Prior to final action of an application, the Commission, using the guidelines in §§ 158.102 through 158.105 , shall make findings of fact indicating the extent to which the application is or is not congruous with aspects of historic properties.
   (C)   The Commission shall place in the minutes of its meetings the reasons for its actions, whether it is approved, approved with modifications, or denied.
(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)
§ 158.099 TIME LIMITS.
   If the Commission fails to take final action upon any application within 45 days after the complete application is submitted to the designated official, the application shall be deemed approved, except in the case where the Commission has postponed an application to demolish a structure under the provisions of this chapter unless there are extraordinary circumstances that will not permit it.
(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)
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