(A) No department or agency of the Metro Government shall issue any building permit, certificate of occupancy or other permit, license or approval for any exterior alteration to an individual landmark or to any site or structure in a district unless a certificate of appropriateness for such exterior alteration has been obtained pursuant to this subchapter.
(B) An application for a certificate of appropriateness shall be submitted to the Department of Codes and Regulations. The application shall include at least the following information, unless waived pursuant to subsection (C) of this section:
(1) A site plan, drawn to an appropriate scale, photographs or other presentation media showing the proposed exterior alteration in the context of property lines, adjacent structures, streets, sidewalks, and the like.
(2) Plans, elevations and other drawings, drawn to appropriate scale, and a complete description of the materials to be used, as may be necessary to fully explain the exterior alteration.
In addition to the above information, an application for demolition or new construction shall contain information establishing that the property cannot be put to a reasonable beneficial use without the approval of the proposed work or if income-producing property, information establishing that the applicant cannot obtain a reasonable return from the property without the approval of the proposed work.
(C) Applicants may seek review of a proposal prior to making formal application pursuant to subsection (B) of this section at a pre-application conference. At the conference, the staff may discuss with the applicant the proposed exterior alteration and applicable guidelines, and provide information about the district, its goals and objectives, and the review process. The staff, at the request of an applicant, may call a meeting of a subcommittee of the Commission and representatives of appropriate Committee or permitting agencies. At this meeting the applicant can discuss with the subcommittee members his proposed exterior alteration, his concepts, and receive information necessary to submit the application. The staff may agree to waive certain of the requirements set out in subsection (B) of this section if it is determined that such requirements are not necessary for review of the application pursuant to this subchapter.
(D) Within two working days of receipt of an application determined by staff to be complete, the staff shall classify the application as requiring either staff review or Committee review.
(E) An application classified as requiring staff review shall be reviewed by the staff who shall prepare a written decision supported by a finding of fact based upon the guidelines which shall approve the application, approve the application with conditions, or deny the application. If the application is approved or approved with conditions, the applicant shall be issued a certificate of appropriateness.
(F) An application classified as requiring committee review shall be reviewed by the committee having jurisdiction. The application shall first be reviewed by the staff to determine if the proposed exterior alterations are in compliance with the guidelines and the application shall then be forwarded to the committee with the staff's written recommendation to either approve the application, approve the application with conditions or to deny the application.
(G) The applicant and the owners of the real property abutting the site or structure which is the subject of the application shall be sent by first class mail, written notice of the date, time and location of the meeting of the committee at which the application shall be considered. The notice shall be sent no later than seven days prior to the date of the meeting. A notice of the pending application shall be placed on the site or on or near the structure which is the subject of the application by the staff at least seven days prior to the date of the meeting.
(H) The meeting of the committee scheduled to review an application shall constitute a public hearing on such application. The staff shall present a written recommendation prepared in accordance with subsection (F) of this section. The applicant shall present to the Committee such information as is relevant to review of the application. Interested parties shall have the right to testify either orally or in writing, subject to the right of the Chairman to limit repetitious testimony and to exclude irrelevant testimony.
(I) The Committee shall make a decision based upon a written finding of fact, which shall approve the application, approve the application with conditions, deny the application, or defer consideration of the application until a later meeting of the Committee. If the application is approved or approved with conditions, the applicant shall be issued a certificate of appropriateness. Any application which fails to obtain at least three votes or the votes of a majority of the members present, whichever is greater, for approval or conditional approval shall be deemed to be denied.
(J) The staff and the Committee shall, in their decision making capacities, each make a written finding of fact based upon the information presented which supports a written conclusion that the application demonstrates or fails to demonstrate that the proposed exterior alteration is in compliance with the guidelines.
(K) Any applicant, whose application is denied by the staff or a committee, and any person or entity claiming to be injured or aggrieved by any decision made by the staff or a Committee, may appeal the decision to the Commission. The appeal shall be in writing and shall fully state the reasons why the appeal is sought. An appeal shall be filed within 30 days of the date of the decision. Upon the receipt by the staff of a timely appeal, the staff shall schedule a meeting of the Commission to consider the appeal. Notice of the meeting shall be mailed to the applicant, the property owner, the appellant, and other parties of record, by first class mail, at least seven days prior to the date of the meeting. At the meeting to consider the appeal, the Commission shall review the application and the record of the prior proceedings and, at the discretion of the Chairman, may take additional testimony from the applicant, the property owner, appellant, or other interested parties for the purpose of supplementing the existing record or for the introduction of new information. Upon review of the record and any supplemental or new information presented at the meeting, the Commission shall make a written determination that the decision shall be upheld or overturned. A decision of the staff or the Committee shall be overturned by the Commission only upon the written finding that the staff or Committee was clearly erroneous as to a material finding of fact related to whether the proposed exterior alteration complied with the guidelines. When the Commission overturns a denial of an application, it shall approve the application, or approve the application with conditions. Any member of the Commission who voted on the application when it was considered by the Committee shall not vote on the question of whether the decision of the Committee shall be upheld or overturned.
(L) An applicant whose application for demolition or new construction has been denied by the Committee, may request an economic hardship exemption from compliance with one or more of the guidelines which constituted the basis of the denial of the application pursuant to this paragraph. The request for the exemption shall be in writing and shall be filed with the Commission within ten days of the decision of the Committee. The Commission shall review the documentation and evidence presented before the Committee relevant to determining whether the applicant qualifies for an economic hardship exemption and such relevant evidence presented to it by the applicant or other interested parties. The Commission shall conduct a public hearing on the proposed hardship exemption. Notice of the hearing shall be sent to the applicant and other parties of record, by first class mail, at least seven days prior to the date of the hearing. At the hearing, the Commission shall receive information to supplement the record concerning whether the applicant qualifies for an economic hardship exemption from one or more of the guidelines applicable to the application. The Commission may require the applicant to submit findings from one or more persons determined by the Commission to have expertise in real estate and development who are knowledgeable in real estate economics in general and, more specifically in the economics of renovation, redevelopment and rehabilitation, to review the documentation submitted in accordance with § 32.257(B)(2) and this section. Within 60 days of the first regular Commission meeting after the applicant's request is filed, the Commission shall render a decision either granting or denying the applicant's request for an economic hardship exemption from compliance with one or more of the guidelines. The decision shall be based upon a written findings of fact. The applicant shall have the burden of showing that the application qualifies for an economic hardship exemption. The Commission shall grant an economic hardship exemption only if it finds that the applicant has demonstrated through a preponderance of the evidence that:
(1) With respect to an application involving a non-income producing structure or site, the site or structure cannot be put to any reasonable beneficial use according to the guidelines adopted by the Commission for economic hardship without the approval of the application.
(2) With respect to an application involving an income-producing structure or site, the applicant cannot obtain any reasonable return from the site or structure without the approval of the application.
(M) The Commission shall send a copy of the decision and the findings of fact to the applicant. If the Commission denies the request for the economic hardship exemption, the denial of the application shall be final. If the Commission grants the request for the economic hardship exemption, the Commission, within 30 days of the decision, shall approve the application or approve the application with conditions and issue a certificate of appropriateness for the proposed exterior alteration. Notwithstanding the hardship exemption, an applicant shall be required to comply with all guidelines applicable to the proposed exterior alteration other than the guidelines to which the hardship exemption applies.
(N) If, after an applicant has obtained a certificate of appropriateness, the proposed work is amended, the applicant shall submit an amended application to the staff who shall make a determination that the amendment has no significant affect or that the application as amended requires additional review. Review of an amended application shall follow the same procedure as provided herein for an original application. Upon a determination by the staff that the amended application requires review, the previously issued certificate of appropriateness may be suspended, at the discretion of the staff, pending the review of the amended application.
(1999 Lou. Code, § 32.507) (Lou. Ord. No. 44-1997, approved 3-28-1997; Lou. Ord. No. 0079-2002, § 7, approved 6-27-2002; Lou. Metro Am. Ord. No. 119-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 106-2009, approved 8-3-2009; Lou. Metro Am. Ord. No. 128-2013, approved 7-30-2013; Lou. Metro Am. Ord. No. 106-2014, approved 7-30-2014; Lou. Metro Am. Ord. No. 96-2019, approved 8-8-2019)