(a) The Commission, assisted by City personnel, shall be available to applicants as a source of information and assistance before an application is made. Applicants are encouraged to make use of this service.
(b) No person shall make any exterior alteration to or demolish any Designated Historic Landmark or part thereof or any building or structure located within a Historic District without first obtaining a Certificate of Appropriateness. A Certificate of Appropriateness must be obtained for new construction on vacant sites within Historic Districts.
(c) Application(s) for a Certificate of Appropriateness shall be filed with the Planning and Development Director in such form as may be prescribed by the Commission and approved by the City Manager. The Planning and Development Director is responsible for ensuring that any construction to be undertaken is in accordance with the Certificate of Appropriateness.
(d) The Commission shall approve or reject an application for a Certificate of Appropriateness within forty-five (45) days of the filing of a complete application. If the Commission fails to act within the time period, the application for a Certificate of Appropriateness shall be deemed approved.
(e) Each case will require careful consideration of all relevant factors, including earlier changes, existing conditions and surrounding properties. Some flexibility is often necessary to accommodate the property owner. The Commission shall approve, or approve with conditions, the Certificate of Appropriateness if it finds that the proposal conforms to the Secretary of the Interior's Standards for Rehabilitation in Appendix A of this Chapter.
(f) In the case of the denial of a Certificate of Appropriateness, the Commission shall state the reasons for denial in writing and include findings of fact in support of the decision. Copies of the decision shall be mailed to the applicant within five (5) days of the date of the Commission's decision. The Commission may suggest changes which can result in approval, and offer to continue to meet with the owner to achieve a mutually satisfactory compromise. The property owner may appeal the decision of the Commission pursuant to Chapter 1173 of the City Code. (Ord. 19-39 AC CMS. Passed 7-1-19.)