(a) Application. When the owner of a property within the District or the owner of a listed property desires to make any change as described in Section 1478.07, such owner or his or her agent shall apply for and secure a certificate of appropriateness from the Planning and Zoning Commission. The application for the certificate of appropriateness shall be filed with the Secretary of the Commission, in such form and with such plans, specifications and other material as the Commission may, from time to time, prescribe.
(b) Changes Not Involving Architectural or Environmental Features. The Commission shall consider such application, plans, specifications and other material at the next regularly scheduled meeting of the Commission, provided that a completed application is filed at least ten days prior to the meeting. If the Commission determines that no architectural or environmental feature is involved, the Director of Planning and Zoning shall issue a certificate of appropriateness without a formal hearing.
(c) Changes Involving Architectural Features; Determination of Appropriateness. In the event that the Commission finds that an architectural feature is involved, the Commission shall determine whether or not the proposed construction, reconstruction, alteration or demolition is appropriate. In making such determination, the Commission shall refer to the Secretary of the Interior's Standards for Rehabilitation and to the design guidelines adopted by the Commission.
(d) Approval of Applications. In the event that the Commission finds the proposed construction, reconstruction, alteration or demolition is appropriate, then the Secretary of the Commission shall issue a certificate of appropriateness.
(e) Denial of Applications. In the event that the Commission finds that such proposed construction, reconstruction, alteration or demolition is not appropriate, then the Commission shall deny issuance of a certificate of appropriateness.
(f) Statement of Reasons for Denial. In the event that the Commission determines that a certificate of appropriateness will not be issued, it shall forthwith state in its records the reasons for such determination and may include recommendations respecting the proposed construction or reconstruction, alteration, demolition or change to any listed property or any property located within any Historic District. The Secretary of the Commission shall notify the applicant of such determination and transmit to him or her the reasons for denial and recommendations, if any, of Council.
(g) Waiting Period for Demolition. The Commission shall establish a waiting period not to exceed one year, during which time no action shall be taken on the issuance or denial of a certificate of appropriateness in cases involving the demolition of a listed property within any Historic District. During such waiting period, the Commission or its designee shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Commission and the owner shall take place within thirty days from the date of denial of the certificate of appropriateness, and both parties must continue to have good faith meetings at least every forty-five days after the initial meeting. If a compromise proposal is accepted by both parties, then the Commission may cause a certificate of appropriateness to be issued.
(h) Conflicts Between Standards. In the case of a conflict between any of the standards provided for in this chapter and the Standards for Rehabilitation of the Secretary of Interior, the Standards for Rehabilitation shall prevail.
(Ord. 94-46. Passed 7-5-94; Ord. 2000-77. Passed 8-1-00.)