(a) In reviewing an application for a certificate of appropriateness, the Design Review Board and/or Administrator shall follow these procedures and criteria:
(1) If the proposed work involves the alteration of an existing structure or site, including demolition of additions, the Design Review Board and/or Administrator shall first determine whether the structure or site is significant based on the following criteria:
A. Its value as reminder of cultural or archeological heritage of the City, state or nation;
B. Its location as a significant City, state or national event;
C. Its identification with person or persons who contribute to development of the City, state or nation;
D. Its value as work of a master builder, designer or architect that influenced the development of the City, state or nation;
E. Its value as recognized for quality of architecture and retaining sufficient elements showing architectural significance;
F. Its characteristic of an architectural style or period; or
G. Its character as contributing element in the district.
(2) If determined to be significant, the Design Review Board and/or Administrator shall state basis for such determination and may approve the application and issue the certificate of compliance upon a finding that:
A. The proposed work is consistent with the historic and architectural character of building, structure, appurtenance or site will be properly preserved and complies with standards established by Section 1133.05.
B. The project will not have a detrimental impact on historical or architectural character of the property or site.
(3) If determined not to be significant, the Design Review Board and/or Administrator shall find the proposed work does not increase the incompatibility of the existing structure in order to approve work.
(4) If the Design Review Board and/or Administrator does not make findings that are in accordance with Section 1133.04(a)(2) and (a)(3), then a certificate of appropriateness shall not be issued unless the Design Review Board and/or Administrator also find that:
A. Approval of the application and issuance of the certificate of appropriateness is necessary for the continued viability of the structure and the costs of making the improvements in such a manner to meet the above findings render the building incapable of earning an economic return upon its value at the time or upon future sale of the property.
B. Approval of the application and issuance of the certificate of appropriateness is required for the physical functioning of the building or health or safety reasons with no reasonable alternative available.
C. If Design Review Board and/or Administrator find that either of the latter two circumstances exists, every effort shall be made to minimize the adverse impact of the work and to allow for the work to be reversed in the future.
(5) If the proposed work involves either infill or additions to existing structures, the Design Review Board and/or Administrator shall find that the proposed work is consistent with the design criteria established in Section 1133.05 prior to approval of the application and issuance of the certificate of appropriateness.
(7) If the Design Review Board and/or Administrator recommend disapproval of the application and denial of the certificate of appropriateness.
(f) In reviewing an application for a certificate of appropriateness, the Design Review Board and/or Administrator shall not consider interior arrangement, detailed design, or features not subject to public view and/or view from surrounding properties.
(g)
If the Design Review Board and/or Administrator approve an application, it shall issue a certificate of appropriateness which shall be signed by the Secretary of the Planning Commission, or Administrator attached to the application. All prints approved by the Design Review Board and/or Administrator shall be stamped accordingly. The application shall be processed in the usual manner.
(h) If the Design Review Board disapprove the application, it shall state its reason for doing so and shall transmit a record of such action and reason to the Administrator and to the applicant. No further action shall be taken by the Administrator on the application. The applicant may modify the application to make it acceptable to the Design Review Board and/or Administrator and shall have the right to resubmit the application at any time or may appeal the decision to the Lake County Common Pleas Court in accordance with the laws of the State of Ohio.
(i) If the Administrator disapproves an application, he or she shall advise the applicant of any changes which would secure the approval. The applicant may resubmit the information and supporting materials for the Administrator's review or may appeal the decision to the Design Review Board within ten days of the decision of the Administrator.
(j) The Design Review Board and/or Administrator shall act within 60 days of receipt of a complete application. The failure of the Design Review Board and/or Administrator to approve or disapprove such application within such time, unless mutually agreed upon by the applicant and the Design Review Board and/or Administrator, shall be deemed to constitute approval and the staff to the Design Review Board and/or Administrator shall thereupon process the application without regard to the certificate of appropriateness.
(k) After the certificate of appropriateness has been issued, the Administrator or their authorized representative shall periodically inspect the work authorized by the certificate for compliance in the field to review the construction, reconstruction, alteration, maintenance or repair. Necessary action shall be taken to assure compliance with the approved application.
(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)