(A) A certificate of approval shall be obtained from the Landmarks Commission prior to commencing any of the following:
(1) Demolition or moving of a listed landmark property in the City, in compliance with the procedures set forth in this section and § 150.1804; or
(2) Any change to a listed landmark, including reconstruction or alteration or partial demolition of the structure or exterior architectural feature thereto and including any exterior change to the property such as accessory buildings, fences, walks, paint and similar features. Such proposals may also be subject to development plan review, as required in § 150.1402.
(B) The Chief Building Official or Fire Chief may order repairs, demolition, or other corrective action to a listed landmark without a certificate of approval when, in his determination, there is an imminent threat to public health or safety.
(C) The application for a certificate of approval shall be filed with the City with such plans, specifications, and other material as the Landmarks Commission may from time to time prescribe.
(D) The application shall be transmitted to the Landmarks Consultant within ten days for a recommendation. Within 60 days, the Landmarks Commission shall review the application, plans, specifications, and the advice of the Landmarks Consultant and determine whether a certificate of approval shall be issued or denied. If after 60 days Landmarks Commission fails to act on the application from the date the application was determined to be administratively complete, or an extended period as may be agreed upon, then the applicant may consider the application denied and such denial may be appealed to Planning Commission by filing a written notice of appeal with the secretary of the Planning Commission within 30 days of the expiration of the 60 day date.
(E) The Landmarks Commission shall determine whether the proposed construction, reconstruction, or alteration, is appropriate, or whether it has an adverse effect upon the property. In making such determination, the Landmarks Commission shall consider the advice of the Landmarks Consultant, refer to the Secretary of the Interior's Standards for Rehabilitation, to the design guidelines adopted by City Council, or to other information available. In the case of archaeological properties, the Landmarks Commission shall refer to the Advisory Council on Historic Preservation's Treatment of Archaeological Properties: A Handbook.
(F) The Landmarks Commission may require any person applying for a certificate of approval to file with the Landmarks Commission, prior to any hearing or determination, information concerning the applicant's intentions. The Landmarks Commission may also ask any interested person to file with the Landmarks Commission, prior to any hearing or determination, information concerning any adverse or supporting interests.
(G) If the proposed construction, reconstruction, alteration, or partial demolition is determined to have no adverse effect on the property, then the certificate of approval shall be issued. The certificate may also contain conditions imposed by the Landmarks Commission to insure that the construction, reconstruction or alteration will be compatible with the historic nature of the property.
(H) If the Landmarks Commission determines that the proposed construction, reconstruction, alteration, or partial demolition will have an adverse effect on the property, then the Landmarks Commission shall deny issuance of the certificate of approval.
(I) In the event that the Landmarks Commission determines that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination, and may include recommendations relative to the proposed construction, reconstruction, alteration, or demolition of any building, structure, site, or object. The Landmarks Commission shall notify the applicant in writing of such determination and transmit to him/her the reasons for denial and recommendations, if any, of the Landmarks Commission.
(J) When the proposed construction or alteration is also subject to development plan review, the Landmarks Commission may act on the application for a certificate of approval prior to Planning Commission's approval of the development plan.
(K) The applicant may appeal the denial of the certificate of approval to the Planning Commission only when the decision of the Landmarks Commission is contrary to the recommendation of the Landmarks Consultant. In such instance, the Planning Commission may reverse or modify the decision of the Landmarks Commission upon review of the recommendation of the Landmarks Consultant and the determination of the Landmarks Commission.
(L) Applicants may appeal the decision of the Planning Commission to the Court of Common Pleas as provided under Ohio Law.
(M) Applications for exterior changes to property in the heritage overlay district that is neither a listed landmark property nor subject to development plan review shall comply with the procedures set forth in § 150.1207.
(Ord. 5-2005, passed 3-23-05)