§ 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)

§ 158.100 SUBMISSION OF NEW APPLICATION.

   If the Commission determines that a certificate of appropriateness should not be issued, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed construction, reconstruction, alteration, or restoration. The Commission has the authority to suggest changes and make recommendations and then applications may be resubmitted for approval.

(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)

§ 158.101 SUBSTANTIAL HARDSHIP.

   In the event an application for a certificate of appropriateness is denied, the property owner may apply for an exception based on the substantial hardship of maintaining the property according to the Commission’s guidelines. Substantial hardship is to be considered by the Commission where there are unusual and compelling circumstances as defined by:

   (A)   The property has little or no historic value;

   (B)   The property cannot be reasonably maintained in the manner dictated by this chapter;

   (C)   There is no other reasonable means of saving the property from deterioration or collapse; or

   (D)   The property is owned by a nonprofit organization and the work which is the subject of the application is not financially or physically feasible in order for the nonprofit organization to achieve its charitable purposes.

(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)

§ 158.102 INTENT.

   It is the intent of this chapter to ensure, insofar as possible, that historic properties shall be in harmony with the architectural and historical character of the city. In granting a certificate of appropriateness, the Commission shall take into account the architectural and/or historical significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure as they may be viewed from any public street, road or right-of-way as well as the effect of such change or additions upon other structures in the vicinity.

(Ord., passed 6-8-93; Am. Ord. 03-008, passed 4-8-03; Am. Ord. 14-016, passed 11-11-14)