1138.06 CERTIFICATE OF APPROPRIATENESS.

   (a)   Process and Timing.

      (1)   Before commencing any alteration, the Property Owner shall contact the Administrator.

      (2)   The Administrator shall determine if the project is an alteration or a minor alteration. If it is determined to be a minor alteration, the Administrator shall issue a Certificate of Appropriateness. If it is determined to be an alteration, the applicant shall submit a complete application to the Administrator to apply for and secure a Certificate of Appropriateness from the Board. The application for a certificate shall be deposited with the Administrator, together with such plans, specifications and drawings needed to convey the scope of the project. The Administrator shall transmit the application to the Board members.

      (3)   Within forty-five (45) days of filing, the Board shall consider the application, and approve, deny, or approve the application with conditions or modifications.

      (4)   If the Board fails to meet and consider an application within forty-five (45) days of filing, the application shall be deemed approved. Once the Board meets to consider the application the forty-five (45) day period is satisfied and no specific timeline is applied to the application. The Board may table an application for no longer than a forty-five (45) day period for further discussion or fact-finding purposes.

      (5)   The Board may require any person applying for a Certificate of Appropriateness to supply additional information with the Board prior to any hearing or determination to properly review the application.

      (6)   If the proposed alteration is determined to have no adverse effect on the Downtown Design Review District, and does not violate the spirit and purpose of these regulations, then the Administrator shall issue the Certificate of Appropriateness.

      (7)   If the Board determines that the proposed alteration will have an adverse effect on the Downtown Design Review District, or violates the spirit and purposes of these regulations, then the Board shall deny issuance of the Certificate of Appropriateness. The Board shall state in its records the reason for denial and transmit to the applicant via proof of mailing the reasons for denial.

   (b)   Appeal Process. Whenever the Board disapproves an application for a Certificate of Appropriateness, the Applicant shall have the right to appeal the Board's decision to the Board of Zoning Appeals, in accordance with Chapter 1115 of the Planning and Zoning Code.

(Ord. 2023-115. Passed 12-19-23.)