(a) No building permit for the construction, erection, alteration, removal, moving or demolition of any structure or building in an historic district, or for the alteration, removal, moving or demolition of any historic landmark, shall be issued where such action will affect the exterior architectural features of such structure or building, unless and until a certificate of appropriateness has been issued by the Architectural Review Board. Upon application for a building permit with respect to any such structure or building, the Zoning Commissioner shall submit such application, together with the related plans and specifications, within five days of receipt thereof, to the Board for consideration at its next regular meeting. Routine painting and maintenance do not require a permit.
(b) At the first regular or special meeting of the Board after receipt by the Board of the building permit application and related materials for any such proposed construction, erection, alteration, removal, moving or demolition, the Board shall review the application, make its determination and submit its report to the Zoning Commissioner, who will, in turn, issue a permit for the requested construction, erection, alteration, removal, moving or demolition, as required.
(c) If the Board fails to approve the application at such meeting, it shall give notice of a public hearing to be held within fifteen days from the date of such meeting to consider such application. However, the applicant may waive this time requirement and consent to an extension of such time period. Such notice shall be published once in a newspaper having a general circulation within the Municipality not less than ten days prior to such hearing. The applicant shall be advised of the time and place of such hearing by a notice sent by certified mail addressed to him or her at the address set forth in such application. Such notice shall be mailed not less than five days prior to such hearing. The Board may invite such other persons or groups as it desires to attend the meeting. The Board shall meet and act with all reasonable dispatch.
(d) In determining whether or not a project will be approved, the Board shall consider whether the proposed change will affect adversely or destroy any significant historic or architectural feature of the structure, whether it is inappropriate or inconsistent with the spirit and purpose of this chapter and whether it will affect adversely or destroy the general historic and architectural significance of the district. The Board shall also examine any other considerations specifically listed and adopted by Council. With respect to any demolition, the Board shall determine whether or not preservation is economically feasible for the applicant and shall approve the project if denial would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved. If, at the next regular meeting of the Board after the public hearing, the Board recommends that the permit not be issued, it shall advise the applicant of any changes which would secure the approval of the Board and shall withhold denial of a permit for a period not to exceed twenty days in order that the applicant may adopt such proposed changes.
(e) After the hearing provided for subsection (c) hereof, and after the subsequent alterations, if any, in the plans and/or specifications as provided, the Board shall submit, in writing, its recommendations to the Zoning Commissioner, and if then approved, the Board shall issue the permit for the construction, erection, alteration, removal, moving or demolition. The written report shall include the location of the proposed work, the exterior changes contemplated and the findings of the Board and/or the recommendations of the Board as to the grant or refusal of a permit. The Board shall make its report within thirty days after the public hearing; otherwise, the application for the permit shall be deemed to have been approved and the permit shall be issued. However, the applicant may waive this requirement and consent to an extension of such period.
(f) Denial by the Board may be appealed by the applicant to Council.