The Board shall review an application for a Certificate of Appropriateness in accordance with the architectural design review standards and guidelines established for the Design Review District.
(a) Decision by the Board. The Design Review Board shall review each application and approve, approve with modifications or conditions, or disapprove such application within fifteen (15) days of the close of the administrative hearing. The decision shall be issued in the form of a written, Final Order in which the Board expressly sets forth the findings and conclusions of fact used as the basis or rationale for its decision.
(b) Approval. If the Design Review Board determines that the proposed activity will have no adverse effect on a designated Locally Significant Resource, as determined by the Board, the Board shall approve the application.
(c) Approval with Modifications. The Design Review Board may approve the application with modifications or conditions placed upon the approval regarding the proposed size, shape or materials proposed to be used in constructing or installing the proposed improvements, or other limitations necessary to maintain the local significance of the property or district, where the applicant agrees to such modifications and conditions. Such conditions shall be made part of any subsequent Development Permit approval.
(d) Disapproval.
(1) In the event that the Design Review Board determines that an application shall be disapproved, the Zoning Inspector shall notify the applicant in writing within ten (10) calendar days of the reasons for disapproval and may include recommendations regarding the proposed construction activity. The Zoning Inspector shall not issue a Certificate of Appropriateness or Development Permit for such project after disapproval by the Board.
(2) Upon disapproval, the Design Review Board shall offer to “stay” the Final Order and undertake continuing and meaningful discussions with the applicant in order to develop a compromise proposal acceptable to both. Such discussions shall extend over a period of at least thirty (30) days, but shall not exceed six (6) months from the date of disapproval.
(3) In the case of disapproval of an application for demolition, the Design Review Board shall offer to investigate the feasibility of all means of preserving the listed property, including purchase by a third party.
A. If the Design Review 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.
B. If a compromise proposal is accepted by both the applicant and the Design Review Board, 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.
C. If, after holding such good faith meeting(s) over the continued discussion period specified by the Design Review 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 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 Ordinance. In such event, the Board may grant the application, with or without modifications, and issue a Certificate of Appropriateness for such proposed construction, reconstruction, exterior alteration or demolition. (Ord. 12-15. Passed 3-19-12.)