The following procedures are established to govern the processing of applications for building permits and other municipal authorizations in accordance with the regulations of this chapter.
(a) Mandatory Referral.
(1) As directed by Section 1109.05(b)(1), all requests for building permits shall be referred to the Architectural Board of Review for a determination of compliance with this Chapter. The Architectural Board of Review may obtain the assistance of an expert in historic architecture to assist it in determining whether a proposed project satisfies the requirements of this chapter.
(2) All requests for demolition of a structure or portion of a structure which is more than fifty (50) years old shall be accompanied by a deposit of five hundred dollars ($500.00). All requests to make an addition to or alteration of a structure or portion of a structure which is more than fifty (50) years old shall be accompanied by a deposit of three hundred dollars ($300.00). As provided below, the request shall be referred to the Architectural Board of Review with a recommendation from the Administration as to whether or not the structure is a Historically Significant Property. The Architectural Board of Review shall apply the standards set forth in Section 1146.06 hereof to determine whether or not demolition is permitted.
A. Advice of Expert on Historic Significance. When an applicant requests a permit to demolish a structure or portion thereof that is more than fifty (50) years old, the Administrator shall engage the assistance of an expert in the field of the history of architecture, who shall make a recommendation to the Architectural Board of Review regarding whether or not the structure is an Historically Significant Property, as defined by Section 1146.05 of this Chapter. The expert shall be paid out of the deposit made pursuant to paragraph (a)(2) hereof, and the remaining funds from such deposit, if any, shall be returned to the applicant.
B. Advice of Expert on Economic Feasibility. If, in reviewing a request for demolition, a majority of the Architectural Board of Review, by motion, requests the advice of an expert to assist in the analysis of determining whether or not the repair, rehabilitation or restoration of an Historically Significant Property is Economically Feasible, the Administrator shall determine whether the Municipality should engage an expert at Municipality expense, to provide such advice.
C. Advice of Expert on Additions and Alterations. When an applicant requests a permit to add to, or in any material way (other than painting) alter the exterior of, any structure that is more than fifty (50) but less than one hundred (100) years old, the Administrator shall engage the assistance of an expert in the field of the history of architecture, who shall make a recommendation to the Architectural Board of Review regarding whether or not the structure is a Historically Significant Property, as defined by Section 1146.05 of this Chapter, and whether the proposed addition or alteration is Compatible with the existing structure and other historic structures
in proximity thereto. When the structure, or a portion thereof has been determined by the Municipality to be at least 100 years old, it shall be presumed to be a Historically Significant Property and the advice of an expert shall not be required unless the Administrator needs such assistance to determine the age of the structure, or a portion thereof. The Administrator shall obtain the expert opinion to determine if the proposed material change will have an adverse effect on the Historical Significance of the structure. The expert shall be paid out of the deposit made pursuant to paragraph (a)(2) hereof, and the remaining funds from such deposit shall be returned to the applicant.
(3) Where an applicant for a building permit proposes to change the existing grade of a lot by more than three (3) inches, the Architectural Board of Review shall review, in accordance with Section 1109.05 and this Chapter 1146 of this Planning and Zoning Code, such change to ensure that the proposed building elevations and site grading are compatible with contiguous property and that the proposed building meets the standards set forth in Section 1115.04, failing which the Architectural Review Board shall deny approval of such grade change.
(b) Approval/Disapproval. The Architectural Board of Review shall either approve, approve with modification or disapprove the application in accordance with the review and approval procedures set forth in Section 1109.05. In conjunction with a motion to grant the request of the applicant, the members of the Architectural Board of Review shall identify facts which have been presented to the Architectural Board of Review which the members believe are supportive of their decision in the case. It is not sufficient for the Architectural Board of Review to identify the ultimate fact to be determined (e.g., Compatibility or Historic Significance), but the members of the Architectural Board of Review, when stating or voting on the motion to grant the request of the applicant(s), shall identify the specific facts presented in the matter before them which cause them to reach their conclusion and support their vote; if a member states facts with which a second member agrees, the second member may indicate so, generally, and/or may distinguish his or her findings relative to facts previously stated. The facts identified and agreed upon by a majority of the Architectural Board of Review shall be deemed the Conclusions of Fact of the Architectural Board of Review; provided that if no majority vote is obtained, the motion shall be deemed defeated and facts adopted by those who voted in opposition to the motion shall be deemed the Conclusions of Fact of the Architectural Board of Review.
(c) Notifications. The Architectural Board of Review shall notify the applicant in writing of the time and location of its meeting. Subsequent to that meeting, the Architectural Board of Review shall notify the applicant in writing of its determination, stating reasons for a determination of disapproval.
(d) Appeal. Any interested party may appeal the determination of the Architectural Board of Review to the Board of Zoning Appeals, in accordance with the terms of Chapter 1111 of the Codified Ordinances.
(e) Mandatory Stay of Demolition. No permit to demolish shall be issued by the Administrator for thirty (30) days following the final administrative adjudication by the Municipality, and in the event the appellate court(s) reviewing the matter issue a stay, no demolition permit shall be issued pending the final outcome of the administrative appeal.
(Ord. 2019-39. Passed 8-13-19.)