(A) The Commission shall meet upon the call of the Mayor or a majority of the Commission, or within ten days after notification by the City Clerk of the filing of an application for certificate of appropriateness for any structure protected by the terms of this chapter. The Commission shall hold such regular and special meetings as it deems necessary.
(B) It is not the intent of this chapter to limit new construction to any one period of architectural style, but to preserve the integrity of historic structures and to insure the compatibility of any new work constructed in the vicinity.
(C) Upon application for a building (alteration, construction, or demolition) permit, the Commission shall determine whether the proposed work would be appropriate for and consistent with the effectuation of the purposes of this chapter. The Commission shall consider the following in making such determination.
(1) The effect of the proposed work in creating, changing, destroying, or affecting in any manner the external architectural features of the improvement upon which such work is to be done;
(2) The relationship between the results of such work and the external architectural features of other improvements on such site or in such historic district;
(3) The effect of the proposed work upon the distinctive character or special historic, aesthetic, architectural, archaeological, or cultural interest or value of the landmark, landmark site, or historic district; and
(4) The effects of such work upon the preservation, protection, perpetuation, and use of the landmark, landmark site, or historic district.
(D) Nothing contained in this chapter shall be construed as authorizing the Commission to regulate or limit, as such, the height and bulk of buildings, the area of yards, courts, and other open spaces, the density of population, the location of trades and industries, the location of buildings designed for specific uses or to create districts for such purposes. Provided, however, that the Commission may in performing its powers, duties, or functions under this chapter apply regulations which are more restrictive than those pursuant to other provisions of applicable law.
(E) Within 30 days after the filing of such permit, the Commission shall either give its consent, approval of permit with modification, disapproval of the permit, or serve notice on the applicant of the need for a public hearing. The applicant may request a public hearing, which shall be granted by the Commission.
(F) Within 15 days after service of notice of a public hearing, the Commission shall conduct a public hearing upon the permit and serve notice, by certified mail return receipt requested, to the applicant of its decision within 15 days to consent, approve permit with modification, disapprove, or call for additional public hearing with the consent of the applicant. An applicant may request suspension or withdrawal of the application at any time.
(G) If the Commission refuses to give consent to a proposed alteration, or demolition to a nonlandmark or nonlandmark site within a designated historic district, such alteration, construction, or demolition may proceed after the above waiting periods and public hearing having occurred and the required permits are obtained from the County Department of Building.
(H) If the Commission refuses to give consent to a proposed change to a landmark or landmark site, the Commission shall have the power to impose and enforce a waiting period of three months from the date of its notice of denial or from the date of its first public hearing, whichever is earlier, during which period negotiations shall be conducted between the Commission and the applicant or his delegated representative. During the negotiations the Commission may take into consideration ideas expressed by other concerned parties in an effort to find a means of preserving the property as follows.
(1) The Commission shall investigate the feasibility of all available ways and means of preserving the historic landmark or landmark site, including, without limitation, inducing by contract or other consideration the creation of covenants restricting the use of property, leasing and subleasing the property for the purpose of preservation, and acquiring by eminent domain or contract or conveyance, all or any part of interest in the property.
(2) The Commission shall request other government agencies to aid in its investigations, and such other agencies shall prepare reports to the Commission.
(I) The Commission may at its discretion extend the original waiting period for alteration, construction, or demolition relating to landmark or landmark sites of three months by up to an additional three months. During this period and any extension thereof, the Commission and the applicant shall undergo meaningful and continuous discussions for the purpose of finding a method of saving such improvement. The applicant shall have an appeal to the County Circuit Court from any decision of the Commission.
(Ord. 88-4, passed 5-9-88)