When the owner of a property within the Design Review/Historic District or owner of a listed property intends to construct, reconstruct, alter, relocate or demolish any portion of a structure within the District or of a listed property, he shall first apply for and secure an approval from the Committee. The application for an approval shall be deposited with the City's Zoning Inspector, together with such plans, specifications and other material as the Committee may from time to time prescribe.
(a) Within thirty days, the Committee shall consider the applications, plans and specifications, and determine:
(1) Whether any "exterior architectural feature" is involved, and
(2) Whether a certificate of approval shall be issued or denied. If the Committee determines that no architectural feature is involved, it shall approve the request by a majority vote of its members and authorize the Zoning Inspector to issue a certificate of approval (zoning permit), subject to all other ordinances of the City.
(b) In the event the Committee finds that an architectural feature is involved, the committee shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter, the Design Review/Historic District of listed property. In making such determination, the committee shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Committee. When the committee considers a National Register nomination and other actions (for example, an archaeological site) which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Committee, the Committee shall seek expertise in this area before rendering its decision. In the case of archaeological property, the Committee shall seek professional help from Youngstown State University.
(c) The Committee may require any person applying for a certificate of approval or request any person whose interests appear adverse to those of the applicant, to file with the Committee prior to any hearing or determination, information concerning the applicant's intentions, or such person's adverse interests or intentions.
(d) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect upon the Design Review/Historic District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Committee Secretary shall cause notice to be given to the Zoning Inspector for the issuance of permits.
(e) If the Committee determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect upon the Design Review/Historic District or listed property, and does violate the spirit and purpose of these preservation regulations, then the Committee shall deny approval.
(f) In the event that the Committee determines within the thirty day review period that a certificate of approval 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 Committee shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Committee. Any appeal to a decision of the Committee shall be taken to the Board of Appeals in accordance with Section 1127.03.
(g) Upon denying a certificate of approval, the Committee shall impose a waiting period of at least thirty days, but not to exceed six months from the date of disapproval, during which time the committee shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Committee and the applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Committee may henceforth grant an approval.
(h) In the case of denial of an approval for demolition:
(1) The Committee and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Committee and applicant shall investigate the feasibility of all means of preserving the listed property. If the Committee and applicant do not agree on a means of preserving the structure at the initial meeting, then they shall continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Committee in good faith, in the time specified, then the Committee's denial of the application shall stand.
(3) If, after holding such good faith meetings in the waiting period specified by the Committee, the Committee determines that failure of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial derogation from the purposes of this chapter, then and in such event, the Secretary of the Committee shall cause notice to the Zoning Inspector to issue the permit for such proposed construction, reconstruction or alteration.
(4) If, after holding such good faith meetings in the waiting period specified by the Committee, no alternative solution to incompatible construction, reconstruction or alteration is reached, then the applicant may appeal the decision in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)