(A) Permits for construction, removal, significant alteration or demolition within the Historic District shall not be issued by the Building Department without the applicant first having obtained a certificate of appropriateness from the Heritage and Architecture Commission, or from the City Council after an appeal under § 150.34.
(B) The Building Department shall, within seven days following the receipt of an application for a permit for construction, removal, significant alteration or demolition within the Historic District, send the application to the Commission’s Administrator for review.
(C) The Commission meets to make determination for issuance of the certificate. If the Commission finds that the work proposed in the application will not adversely affect any historically or architecturally significant features of the structure or property within the Historic District and is appropriate or consistent with the spirit and purposes of this subchapter, it shall, at the next regular Commission meeting, issue a certificate of appropriateness by resolution passed by a majority of a quorum and forward copies to the owner of record and the Building Department. An owner may request a special meeting if the next regular Commission meeting is scheduled 15 days or more after the receipt of the application.
(D) If the Commission finds that the proposed work will adversely affect or destroy any significant historic, aesthetic, or architectural feature or value of the structure or property within the Historic District or is inappropriate or inconsistent with the spirit and purposes of this subchapter, it shall disapprove the application and shall so advise the applicant in writing.
(1) The Commission shall briefly state its reasons therefor in writing and it may make recommendations to the applicant to assure appropriateness of design, arrangement, texture, scale, material, color, location, or other elements of appearance of the building or structure involved.
(2) In cases of disapproval accompanied by recommendation, the applicant may resubmit an amended application (that conforms with the recommendation) within 21 days of the date of denial or make application for a certificate of economic hardship. The applicant shall be heard at the next regular meeting of the Commission after receipt of the amended application, and the Commission shall approve or disapprove the amended application by resolution.
(3) An applicant has 30 days following denial by the Commission of an application for a certificate of appropriateness or an application for a certificate of economic hardship to notify the Commission of an intention to appeal the Commission decision to the City Council. Failure of the applicant to so notify the Commission within 30 days shall end the review process. The applicant may not resubmit an application for a building permit for the proposed alteration, construction, removal, or demolition for 90 days following expiration of the time for filing notice of intention to appeal.
(4) A public hearing shall be held by the Commission within 15 days after receiving notice of an appeal in the following circumstances:
(a) The applicant and the Commission fail to resolve differences of opinion after consideration of an amended application and the applicant notifies the Commission in writing that he intends to appeal the disapproval to the City Council or
(b) The applicant fails to file an amended application and notifies the Commission in writing that he intends to appeal the disapproval to the City Council.
(5) A public hearing shall also be held by the Commission within 30 days after receipt of an application for a certificate of economic hardship filed with the Commission pursuant to § 150.33.
(6) Notice of the date, time, place and purpose of the public hearing shall be sent by regular mail to the applicant, to adjoining property owners, and to all owners of property within the Historic District and also within 250 feet of the property for which an application has been made. The notice shall be sent not less than ten days prior to the date of the hearing. The notice shall state the location including the common street address of the property, and include a brief description of the proposed alteration, construction, demolition, or removal for which an application has been made and the differences of opinion between the applicant and the Commission.
(7) Within 15 days following completion of the public hearing, the Commission shall issue or deny the certificate of appropriateness or of economic hardship and transmit copies of its decision, and a summary of the reasons for it, to the applicant.
(E) The Commission may issue a certificate of appropriateness with conditions.
(F) All construction performed under a certificate of appropriateness shall conform to any permits issued pursuant to the certificate and, upon completion, may be reviewed or inspected by the Commission members (or staff) for conformance with the Commission’s approval.
(G) Any changes in the approved work subsequent to the issuance of a certificate of appropriateness shall require issuance of a new certificate.
(H) A certificate of appropriateness shall become null and void within one year (or the time assigned by the Commission) if the work has not been completed.
(I) The applicant shall meet all applicable Building Codes as adopted by the city and provisions governing the Americans with Disabilities Act.
(`79 Code § 150.182) (Ord. 88-130, passed 10-3-88; Am. Ord. 07-699, passed 2-14-07; Am. Ord. 23-005, passed 3-1-23)