(A) When any owner intends to make an Alteration to any Structure or cause New Construction within the Design Review District, the owner shall first apply for and obtain a Certificate of Appropriateness from the Design Review Board. The application for a Certificate shall be filed with the Building Commissioner together with such plans, specifications, photographs of the Structure subject to the proposed Alteration or New Construction, and any other documents or material that the Design Review Board may from time to time request. The Building Commissioner shall immediately transmit such application, documents and materials to the Design Review Board.
(B) Within thirty (30) days of filing of the application with the Building Commissioner, the Board shall consider the application and all supporting material and determine 1) whether any Alteration or New Construction as defined in this Chapter is involved, and 2) whether a Certificate of Appropriateness should be issued or denied. If the Board determines that no Alteration or New Construction is involved the Certificate of Appropriateness shall be approved and forwarded to the applicant. A copy of the approved Certificate and all application materials shall be returned to the Building Commissioner. If the Board fails to act on an application within thirty (30) days of filing, the application shall be deemed approved, unless the owner consents, in writing, to an extension of the 30 day period.
(C) In the event the Design Review Board finds that an Alteration or New Construction is involved in the work proposed in the application, the Board shall determine whether the proposed Alteration or New Construction is consistent or inconsistent with the Downtown Lima Design Guidelines (Appendix A). In the case of archeological properties, the Design Review Board shall refer to the current edition of the “Advisory Council on Historic Preservation’s Treatment of Archeological Properties: A Handbook.” If the Board finds that the proposed Alteration or New Construction is consistent with the Guidelines or Handbook, then the Board shall approve and issue a Certificate of Appropriateness to the Owner.
A copy of the approved Certificate and all application materials shall be returned to the Building Commissioner.
(D) In the event the Design Review Board determines within the thirty (30) day review period that a Certificate of Appropriateness should not be issued, it shall issue a conditional denial of the application and state in writing the reason for such determination, and shall include recommendations with respect to the proposed work. The Board shall forthwith notify the Applicant and the Building Commissioner of such determination and transmit to the Applicant a copy of the reasons for the conditional denial, along with any recommendations by the Review Board.
(E) Upon issuing a conditional denial the Design Review Board shall impose a waiting period of at least thirty (30) days, but not to exceed ninety (90) days from the date of denial. During this time the Board shall negotiate with the Applicant in order to develop a compromise proposal acceptable to both parties. The first meeting between the Board and the Applicant shall be held within thirty (30) days from the date of the conditional denial of the Certificate of Appropriateness. If a compromise proposal is accepted by both parties, the Board may issue a Certificate of Appropriateness for the revised application.
(F) In the case of a conditional denial of a Certificate of Appropriateness for any Alteration or New Construction not including demolition:
(1) The Design Review Board and the Applicant shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to the proposed Alteration or New Construction. If the Board and the Applicant do not agree on an alternative solution at the initial meeting, then they must continue to undertake meaningful discussions for the purpose of seeking a compromise solution, and such good faith meetings shall be held at least every thirty(30) days after the initial meeting, not to extend beyond the waiting period unless agreed to in writing by the Applicant.
(2) If, after holding such good faith meetings during the waiting period, the Board determines that a failure to issue a Certificate of Appropriateness will create a substantial hardship to the Applicant, and that such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Chapter, then, the Board shall issue a Certificate of Appropriateness for such proposed Alteration or New Construction to the Applicant.
(3) If, after holding such good faith meetings during the waiting period, no alternative solution to the proposed Alteration or New Construction is reached, or if the Applicant fails to meet with the Design Review Board in good faith at the time specified, then the Board shall issue a final denial of the Certificate of Appropriateness.
(G) In the case of a conditional denial of a Certificate of Appropriateness for demolition:
(1) The Design Review Board and the Applicant shall undertake a meaningful and continuing discussion during the waiting period in order to find a means of preserving the Structure. The Board and the Applicant shall investigate all means of preserving the Structure. If the Board and the Applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the Structure, and such good faith meetings shall be held at least every thirty(30) days after the initial meeting, not to extend beyond the waiting period unless agreed to in writing by the Applicant.
(2) If, after holding such good faith meetings during the waiting period, the Design Review Board determines that a failure to issue a Certificate of Appropriateness will create a substantial hardship to the Applicant, and that such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Chapter, then the Board shall issue a Certificate of Appropriateness for such proposed demolition.
(3) If, after holding such good faith meetings during the waiting period, no alternative property use is developed, or no offer to save the structure is made by the Applicant, the Design Review Board, or a third party, or if the Applicant fails to meet with the Board in good faith, at the time specified, then the Board shall issue a final denial of the application.
(Ord. 218-05. Passed 11-21-05.)