1104.09   CERTIFICATES OF APPROPRIATENESS.
   (a)   A certificate of appropriateness must be obtained from the Review Board to make any change to a property within a preservation district, or to a landmark, unless such property is exempted in accordance with the exclusions permitted in Section 1104.12, as determined, and a certificate of appropriateness shall also be obtained for proposed tree removals within a preservation district as prescribed herein, but shall not be required for removal of trees within street or alley rights of way by the City.
   (b)   Applications for certificates of appropriateness shall be filed with the Division of Buildings in such form as may be prescribed by the Review Board prior to the issuance of any building, sign or demolition permit.
   (c)   Within thirty days after the filing of an application for a certificate of appropriateness, the Review Board shall decide whether the proposed change is appropriate. If the proposed change is in accordance with criteria and guidelines of the Review Board, as provided for in this chapter, then the Review Board shall issue a certificate of appropriateness.
   (d)   In cases where the Review Board has disapproved of certain work, the Board shall state the reasons for such disapproval in writing and transmit the written statement to the applicant and to the Building Official, together with any recommendation the Review Board may have made for appropriate changes, before a certificate of appropriateness will be considered. The Building Official shall not issue a building permit until a certificate of appropriateness is granted. The Review Board shall make every effort to work with the applicant for a period not to exceed sixty days to develop a proposal for such change that will be compatible with the terms of this chapter so as to permit a certificate of appropriateness to be issued.
   (e)   If the Review Board is unable to work out an alternative plan that would conform to the spirit and purpose of this chapter, and the applicant still desires to execute his or her proposal, the applicant shall make application to the Zoning Board of Appeals, which, functioning under its own and otherwise prescribed rules of procedure, shall consider the positions of the applicant and the Review Board and may approve or deny the issuance of a certificate of appropriateness within thirty days of application to the Zoning Board of Appeals.
(Ord. 160-95. Passed 6-19-95.)