You are viewing an archived code
(1) Within an NCD, a certificate of compliance issued under this Section is required to alter the exterior of a building if such alteration will be visible from a public street, to demolish a building, and to construct a building. This certificate of compliance is required in addition to all other permits and approvals required by law, including, but not limited to, building permits and zoning and use registration permits required under Title 4.
(2) Applications for a certificate of compliance shall be made to the Planning Commission, and shall include the following information:
(a) a narrative describing the proposed work;
(b) photographs of existing conditions;
(c) plans and illustrations of the proposed work; and
(d) if for demolition, plans for the post-demolition use; and
(e) such other information as the Planning Commission may reasonably require to determine compliance with the design guidelines adopted for the NCD.
(3) The Planning Commission shall issue a certificate of compliance if there is compliance with the design guidelines adopted for the NCD, and it may attach conditions to a certificate of compliance which are reasonably required to meet the purposes of this Chapter. In making its determination, the Planning Commission may consult with the Historical Commission. The Planning Commission may wish to convene an advisory design review panel to facilitate the review of certificate of compliance applications. If the Planning Commission does not issue a certificate of compliance or a written denial of an application for a certificate of compliance within thirty (30) days after it receives an application with all required information, the Planning Commission shall be deemed to have issued the certificate of compliance without conditions.
(4) The Planning Commission's issuance of a certificate of compliance (with or without conditions) or denial of an application for a certificate of compliance may be appealed to the Board of License and Inspection Review ("Board") in the same manner as and subject to all provisions of law governing an appeal to the Board from the grant or denial of a building permit. In such an appeal, the Board may in specific cases as will not be contrary to the public interest grant an exemption from the requirements of this Section if, because of special conditions, a literal enforcement of the provisions of this Section would result in unnecessary hardship, and so that the spirit of this Section shall be observed and substantial justice done, subject to such terms and conditions as the Board may decide.
(5) Issuance of a required certificate of compliance shall be a prerequisite to an application for a building or demolition permit within an NCD. The Department shall not accept any application for a building or demolition permit within an NCD unless it is accompanied by proof that a required certificate of compliance was issued or was deemed issued under the provisions of § 14-906(3).