(a) When the owner of a property within a Historic District or owner of a Listed Property intends to construct, reconstruct, alter or demolish any portion of a structure within the District or of a Listed Property, he shall first apply for and secure a Certificate of Approval from the Commission. The application for a Certificate of Approval shall be deposited with the City's Historic Preservation Office, together with such plans, specifications, and other material as the Commission may from time to time prescribe.
(b) Within thirty days, the Commission shall consider the applications, plans and specifications, and determine:
(1) Whether any "exterior architectural feature" is involved; and
(2) Whether a Certificate of Approval shall be issued or denied. If the Commission determines that no architectural feature is involved, it shall cause the secretary to endorse the Certificate of Approval and return the application, plans and specifications to the applicant.
(c) In the event that the Commission finds that an architectural feature is involved, the Commission shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter, the Historic District or Listed Property. In making such determination, the Commission shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Commission. In the case of archeological properties, the Commission shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties; A Handbook.
(d) The Commission may require any person applying for a Certificate of Approval or request any person whose interests appear adverse to those of the applicant, to file with the Commission prior to any hearing or determination, information concerning the applicant's intentions, or such adverse person's interests or intentions.
(e) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect on the Historic District or Listed Property, and does not violate the spirit and purpose of these preservation regulations, then the Commission secretary shall issue the Certificate of Approval.
(f) If the Commission determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the Historic District or Listed Property, and does violate the spirit and purposes of these preservation regulations, then the Commission shall deny issuance of the Certificate of Approval.
(g) In the event that the Commission determines within the thirty day review period that a Certificate of Approval shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition of any area, place, building, structure, site, object or work of art. The secretary of the Commission shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Commission.
(h) Upon denying a Certificate of Approval, the Commission shall, impose a waiting period of at least thirty days, but not to exceed six months from the date of disapproval, during which time the Commission shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between Commission and applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Commission may henceforth issue a Certificate of Approval.
(i) In the case of denial of a Certificate of Approval for demolition:
(1) The Commission and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Commission and applicant shall investigate the feasibility of all means of preserving the listed property. If the Commission and applicant do not agree on a means of preserving the structure at the intitial 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 forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Commission in good faith, in the time specified, then the Commission's denial of the application will stand.
(3) If, after holding such good faith meeting in the waiting period specified by the Commission, the Commission determines that failure to issue a Certificate of Approval 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 and in such event, the secretary of the Commission shall issue a Certificate of Approval for such proposed demolition.
(4) If, after holding such good faith meetings in the waiting period specified by the Commission, no alternative property use is developed or no offer to save the structure is made by the applicant, the Commission or a third party, then the applicant may appeal the decision to Council. Council may affirm or reverse the Commission's decision. If Council affirms the decision, the denial of Certificate of Approval stands.
(j) In the case of denial of a Certificate of Approval for construction, reconstruction, or alteration:
(1) The Commission and the applicant shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to incompatible new construction, reconstruction, or alteration within a Historic District or to a Listed Property. If the Commission and 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 forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Commission in good faith in the time specified, then the Commission's denial of the application will stand.
(3) If, after holding such good faith meeting in the waiting period specified by the Commission, the Commission determines that failure to issue a Certificate of Approval 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 and in such event, the secretary of the Commission shall issue a Certificate of Approval for such proposed construction, reconstruction, or alteration.
(4) If, after holding such good faith meetings in the waiting period specified by the Commission, no alternative solution to incompatible construction, reconstruction, or alteration is reached then the applicant may appeal the decision to Council. Council may affirm or reverse the Commission's decision. If Council affirms the decision, the denial of Certificate of Approval will stand.
(Ord. 25-1987. Passed 3-2-87.)