(a) The procedure for the issuance of a certificate of appropriateness is as follows: When the owner or user of a property within a preservation district or the owner or user of an otherwise listed property desires to make any environmental change, including the construction, reconstruction, demolition or alteration of a property or object or the erection of a sign he shall first obtain a certificate of appropriateness from the Design Review Board. A certificate of appropriateness shall also be obtained for landscaping as prescribed herein and for proposed tree removal within a preservation district. A certificate of appropriateness shall not be required for removal by the City of trees within street or alley rights of way.
(b) If the proposed work requires a building permit or sign permit, the owner or user shall file an application through the Building Officer who then refers the matter to the Review Board. If the change, sign or proposed landscaping is not incompatible with and does not adversely affect any historic, architectural or environmental feature of the property or physically related properties which are also within a preservation district or otherwise listed and does not violate the spirit and purpose of this chapter, then the Review Board shall issue a certificate of appropriateness and the owner or user may proceed.
(c) If the change, sign or landscaping would have an adverse effect on properties subject to the provisions of this chapter or be otherwise incompatible or inappropriate to the spirit and purpose of this chapter, the Review Board shall not issue a certificate of appropriateness and shall make every effort for a period not to exceed six weeks, by working with the applicant, to develop a proposal for such change, sign or landscaping that will be compatible with the terms of this chapter so that a certificate of appropriateness can be issued by the Board. Any time during this period the Board may refer the application to the Planning Commission, or, if no satisfactory alternative has been worked out by the end of the six-week period, then the Review Board shall refer the matter to the Planning Commission together with the Board's recommendations concerning the application. The owner or user may be required to delay his proposed construction, reconstruction or alteration for up to one year by the Planning Commission. If the application involves demolition, the owner or user may be required to delay his work for up to two years by the Planning Commission. Sign applications may be permanently denied by the Planning Commission.
(d) In the case of an inappropriate change, sign or landscaping proposal the Review Board shall, during this waiting period, attempt to work out an alternative plan with the owner or user or his representative that is acceptable to all parties. In the case of a proposed demolition, the Review Board shall attempt to find practicable alternatives to demolition.
(e) If the Review Board is unable to work out an alternative plan that conforms to the spirit and purpose of this chapter and the waiting period expires, the owner or user, if still desiring to execute his proposal, shall make application to the Zoning Board of Appeals. The Zoning Board of Appeals, functioning under its own and otherwise prescribed rules of procedure, shall consider the positions of the owner or user and the Design Review Board and may approve or deny the issuance of a certificate of appropriateness.
(f) In the event the certificate is denied by the Zoning Board of Appeals, the owner or user may appeal to Council. He may not proceed until Council has made a determination on the matter. The Council, functioning under its own rules of procedure, shall give due consideration to the findings and recommendations of the Design Review Board, the Zoning Board of Appeals, the owner or user, the views expressed by persons participating in public hearings which Council may hold, together with the recommendations of the Planning Commission. Upon its conclusion, Council shall determine whether a certificate of appropriateness shall be issued. No further appeal shall be initiated upon denial by Council for twelve months. After twelve months the process of application and appeal may be repeated.
(g) Where the position of the Zoning Board of Appeals is overruled by Council, a certificate of appropriateness shall automatically issue upon such action.
(h) Within thirty days after the filing of an application for a certificate of appropriateness, the Review Board shall decide whether the proposed change, sign or landscaping is appropriate. The Review Board is obligated to act as quickly as possible on all applications so as to cause as little inconvenience to the owner or user as is possible and shall attempt, where the proposed change, sign or landscaping is inappropriate, to keep the waiting period as brief as it may be. Where a recommendation of disapproval is made to the Planning Commission, the reasons shall be set forth in writing.
(Ord. 1976-134. Passed 10-26-76.)