(a) The evaluation by the ARB of any applicant's request for a Certificate of Appropriateness shall be conducted as follows:
(1) The applicant shall provide six (6) copies of the application, supporting documentation and a fifty dollars ($50.00) filing fee to the Planning Department. The Planning Department shall distribute copies of the application and supporting documentation to each member of the ARB.
(2) The ARB will consider the application at the next regularly scheduled ARB meeting.
(3) At the meeting, the applicant, any members of the public, and the Board shall have the opportunity to be heard regarding the application.
(4) Upon conclusion of the hearing the ARB shall vote upon the application, with a quorum of three, and a concurring vote of three members of the ARB necessary to issue a Certificate of Appropriateness.
(b) In considering the application for Certificate of Appropriateness, the ARB shall determine whether the proposed alteration, construction, or demolition substantially complies with the Design Guidelines as incorporated by this chapter. In the event there exists any exigent circumstance or imminent danger to the public health or safety, or any special or undue economic hardship to the owner or other downtown area which would require or necessitate that the applicant be permitted to proceed with its proposed alteration, construction, or demolition, the ARB may allow for a change or deviation from the Design Guidelines with a showing of just cause.
(c) If the ARB determines that the proposed alteration, construction or demolition substantially complies with the Design Guidelines as incorporated by this chapter; that there are existing exigent circumstances or imminent danger to the public health or safety; that the denial or postponement of issuance of a Certificate of Appropriateness would result in unreasonable economic hardship upon the owner; or that there are other special circumstances justifying the issuance of a Certificate of Appropriateness, the ARB may issue a Certificate of Appropriateness as applied for, or with such modifications or conditions as may be deemed appropriate by the ARB. If the ARB finds that the proposed plan of alteration, construction or demolition does not substantially comply with the Design Guidelines as incorporated by this chapter, or finds that there are no exigent circumstances or imminent danger to the public health or safety or circumstances of unreasonable and undue hardship to the property owner which may justify issuance of a Certificate of Appropriateness, it shall order that a ninety (90) day moratorium period be instituted on the proposed alteration, construction or demolition; and that the applicant and the ARB shall then proceed to mutually confer and cooperate in good faith efforts, attempting to achieve a mutually agreeable modification to the proposed alteration, construction or demolition. During this period the ARB may also conduct further studies and investigations for the purpose of finding means to avoid the proposed alteration, construction or demolition. If the public health or safety requires temporary or partial measures to be taken to protect the public, the ARB may permit temporary or partial measures to be taken only if the evidence of danger to the public is clear and convincing and no other method is reasonably available for the protection of the public.
(d) In the absence of a determination by the ARB issuing a Certificate of Appropriateness during the moratorium period, at the conclusion of such ninety (90) day period the ARB shall issue a final order either approving, denying or modifying the applicant's proposed plan for alteration, construction, or demolition of the building or site in question. Provided, however, that any modification of the proposed plan shall require the consent of the applicant; and further providing that any order of denial of a Certificate of Appropriateness may be appealed to the Board of Zoning Appeals to be heard at their next scheduled meeting.
(e) In reviewing the denial of a Certificate of Appropriateness by the ARB, the Board of Zoning Appeals is to determine whether or not the ARB abused its discretion. The Board of Zoning Appeals may uphold or reverse an ARB decision based on the requirements outlined in the Design Guidelines or this chapter. In compliance with the Board of Zoning Appeals' rules and procedures, any denial reviewed by the Board of Zoning Appeals shall be overturned by a vote of three (3) or more of the members of the Board of Zoning Appeals. If the denial is overturned by the Board of Zoning Appeals they shall notify the ARB to issue a Certificate of Appropriateness. If the Board of Zoning Appeals makes such notice to the ARB they shall issue a Certificate of Appropriateness to the applicant.
(f) The applicant, the City and any party in interest who has participated in the application and hearing proceedings before the ARB and the Board of Zoning Appeals shall have the right to appeal a final determination and order of the Board of Zoning Appeals to the Stark County Court of Common Pleas in accordance with the provisions of Ohio R.C. Chapter 2506. A determination and order granting the issuance of a Certificate of Appropriateness or an order denying the issuance of a Certificate of Appropriateness after the initial ninety (90) day moratorium period shall be considered a final appealable order.
(Ord. 70-2022. Passed 3-28-22.)