(a) Application Requirements. Blank applications for a Certificate of Appropriateness can be picked up at the City offices.
(1) The application must be completed in full and in duplicate and shall include:
A. Address of the property for which the Certificate of Appropriateness is being requested;
B. Property owner’s name, phone number, mailing address;
C. Tenant’s name and mailing address, if applicable;
(2) An application for a Certificate of Appropriateness shall be accompanied by:
A. Color photos of each building elevation;
B. Sketches of the proposed changes to each exterior wall or the proposed additions or changes to landscaping, plantings, fences and/or other visible exterior improvements.
1. Sketches shall be drawn as near as possible to scale and be easily understandable.
2. Sketches shall depict and fully describe using notations all proposed changes and additions, including:
a. Structural changes;
b. All windows and doorways;
c. Roof lines;
d. Signage;
e. A description of the proposed colors;
f. A description of the proposed materials to be used;
C. A request for a Certificate of Appropriateness shall be accompanied by any applicable fees as may be directed by ordinance of Council.
(b) Determination of Completeness. Upon receipt of a request for a Certificate of Appropriateness, the Secretary of the Design Review Committee shall make a determination the application is complete. The applicant shall be informed of any omissions to the application. Complete applications shall be forwarded to the members of the Design Review Board and the Zoning Inspector as soon as possible.
(c) Notice of Administrative Hearing. The Board shall be notified to convene to review the application within fifteen (15) days of the determination of completeness at its next regular or a special meeting of the Board, as determined by the Board Chairman.
(1) First Class Mail. The Secretary of the Design Review Committee shall provide written notice by first class mail to the applicant and all contiguous property owners at least ten (10) days in advance of the date the Board is to convene to review the request.
(2) Sign. Notice shall also be posted by a sign placed by the Zoning Inspector on the subject property for at least ten (10) days prior to the date of the hearing. The notice shall contain the subject, time, and place of the meeting.
(3) During the notice period, a copy of the application, together with all maps, plans, and reports submitted with reference thereto, shall be on file for public examination in the office of the Safety Service Director.
(d) Administrative Hearing.
(1) All hearings of the Design Review Board shall be open to the public.
(2) Upon convening to review an application for a Certificate of Appropriateness, the Chairman shall:
A. State the application pending and the standard set forth in the Zoning Ordinance for the granting of the application.
B. Administer the oath to each person presenting testimony to the Board at the hearing. All testimony shall be subject to cross- examination.
C. The Chairman shall recognize members of the Design Review Board with questions or comments regarding the presentation. Members of the Design Review Board shall examine and compare the application and testimony against the applicable Design Review Standards contained in Section 1351.11 (Design Review Standards), and probe to separate fact from opinion and lay opinion from expert opinion. All questions and responses shall be directed through the Chairman.
D. The Chairman may continue a hearing to a date, time, and place announced at the time the hearing is continued.
(3) Upon the presentation of all relevant testimony, the Chairman shall conclude the hearing.
(4) At the conclusion of all testimony, the Design Review Board shall deliberate upon the application and reach a decision.
A. The Board shall first determine if the structure is identified as a Historic Resource or has the potential for designation as an Historic Resource. If the property has the potential for designation as an Historic Resource, the Board shall recommend it to City Council as a Historic Resource pursuant to Section 1351.11(d) and proceed with review of the application according to the Design Review Standards in Section 1351.11 as if the property has been identified as an Historic Resource.
B. If the application does not involve an Historic Resource, the Board shall proceed with review according to the Design Review Standards in Section 1351.11 for properties not designated as Historic Resources.
C. If time does not permit adequate deliberation, the matter should be continued for a decision at a meeting open to the public at a specified date, time, and place.
(e) Decision by the Board. Regardless of any continuances of the hearing, the Board shall make every effort to render a decision to issue or deny the application within thirty (30) days after the application was first considered at a regular or special meeting, unless an extension of time is agreed to by the applicant.
(1) The Board shall consider the application(s), plans and specifications, and determine whether the proposed construction, reconstruction, alterations or demolition is appropriate, or whether it has an adverse effect upon the purposes of the Downtown Business District. In making such determination, the Board shall refer to Section 1351.11 (Design Review Procedures for the Downtown Business District.). The Board shall issue its decision in the form of a written Final Order in which it expressly sets forth the findings and conclusions of fact used as the basis or rationale for the decision.
(2) If the applicant has proven by the preponderance of substantial, reliable and probative evidence on the whole record that the proposed activity will have no adverse effect on a Historic Resource or the historic character or architectural integrity of all or a portion the Design Review Overlay District, then the Design Review Board shall vote to grant or approve the application, subject to the imposition of any reasonable conditions provided for by the Zoning Ordinance, and cause the Secretary to endorse a Certificate of Appropriateness and return one copy of the applications, plans and specifications to the applicant.
A. The Certificate of Appropriateness may include any conditions placed upon the approval regarding the proposed activity. Such conditions shall be made part of any subsequent zoning approval. Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other City zoning regulations and City, County and/or State building regulations.
B. When a Certificate of Appropriateness is issued for demolition, the applicant shall receive further instruction that new in-fill construction in the Downtown Business District is subject to review by the Board.
C. The Certificate of Appropriateness will be valid for one year from the date of approval.
(3) If however, the Board determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the district violates the spirit and purposes of these regulations, then the Board shall deny issuance of the Certificate of Appropriateness. If the Certificate of Appropriateness is denied or rejected, the applicant shall be notified in writing of the following:
A. The reasons for denial, rejection, and/or recommendation, if any.
B. The Board shall offer to undertake continuing and meaningful discussions with the applicant over a period of at least thirty (30) days, but not to exceed six (6) months, from the date of disapproval, during which time the Board shall offer to undertake continued and meaningful discussions, with the owner of the property in order to develop a compromise proposal acceptable to both. In the case of an application for demolition, the Board shall offer to investigate the feasibility of all means of preserving the listed property, including purchase by a third party.
1. If a compromise proposal is accepted by both parties, or if the Board determines that preservation of a structure proposed for demolition is not feasible, the Board may henceforth reverse its Final Order and issue a Certificate of Appropriateness.
2. If the Board and applicant cannot agree on a means of preserving the structure at the initial meeting, then the Board shall continue to schedule good faith meetings at least every forty-five (45) days after the initial meeting. If the applicant fails to meet with the Board in good faith, at the time specified, then discussions may terminate. Upon termination for any reason, the Board shall inform the applicant in writing of the termination of such good faith discussions and that the Final Order for denial of the application shall stand.
3. If, after holding such good faith meeting(s) over the continued discussion period specified by the Board, no alternative property use is developed or no offer to preserve the structure or architecturally significant features is made by the applicant, the City or a third party, then the Design Review Board may also consider whether failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and whether such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Section. In such event, the Board may grant the application, with or without modifications, and the Secretary of the Board shall issue a Certificate of Appropriateness for such proposed construction, reconstruction, or alteration.
(f) Appeal of Design Review Board Decision. An applicant who has received an approval subject to modifications or has been denied a Certificate of Appropriateness by the Design Review Board may appeal the decision to the City Zoning Board of Appeals.
(1) Any such appeal shall be made within thirty (30) days of the date of the Final Order or the date of termination of good faith discussions by the Board.
(2) Grounds for the appeal shall be given by the applicant in the papers submitted and the grounds shall be limited to procedural errors by the Board, failure by the Board to consider the entire record presented to the Board with respect to the application, an incomplete explanation for the decision reach by the Board, or where there has been a clear misapplication of either the design review guidelines of the Downtown Business District.
(3) When considering an appeal, the City Zoning Board of Appeals shall refer to the written guidelines adopted by the Board and the entire record before the Board.
(4) The City Zoning Board of Appeals may request additional information from the Board and/or from the applicant.
(5) The City Zoning Board of Appeals may affirm, reverse, or modify the Board’s decision. If the City Zoning Board of Appeals affirms the decision, the denial of the Certificate will stand. If the City Zoning Board of Appeals reverses or modifies the decision of the Board, it shall state the reasons for the reversal or modification.
(Ord. 2006-11. Passed 4-25-06.)