The responsibility of review and approval or denial of the application for a Certificate of Appropriateness shall rest with the Design Review Commission. The Commission shall review an application for a Certificate of Appropriateness in accordance with its duties and responsibilities as listed in Section 1104.03(C) (Certificate of Appropriateness Review) and the appropriate design review standards for the district as listed in Section 1134.02 (Design Review Overlay District Standards).
(a) Conflicts of Interest and Ex-Parte Communications. All conflicts of interest and ex- parte communications of the applicant with Design Review Commission members are to be disclosed at the beginning of the public hearing by the Commission members. In addition, Commission members shall immediately provide the City Administrator with a written summary of any ex-parte communication with the applicant between the time of application and prior to a decision on the application by the Commission for public review.
(b) Testimony. All testimony from the applicant or other parties of interest shall be taken under oath. Testimony from experts and non-experts shall be limited to reliable, probative, and substantial evidence. All testimony shall be subject to cross-examination.
(c) Deliberation. Upon close of the administrative hearing, the Design Review Commission shall deliberate upon the application, make findings of fact, and reach a decision. If time does not permit adequate deliberation, the matter may be continued for a decision at a meeting open to the public at a date, time, and place. If specified at the time of the continuance, no additional notice of the meeting continuance need be made.
(d) Decision by the Commission. The Design Review Commission shall review each application and approve, approve with modifications or conditions, or disapprove such application within fifteen (15) days of the close of the administrative hearing. The decision shall be issued in the form of a written, Final Order in which the Commission expressly sets forth the findings and conclusions of fact used as the basis or rationale for its decision.
(1) Approval. If the Design Review Commission determines that the proposed activity will have no adverse effect on a designated Locally Significant Resource or any standard of the applicable Design Review Overlay District, the Commission shall approve the application.
(2) Approval with Modifications. The Design Review Commission may approve the application with modifications or conditions placed upon the approval regarding the proposed size, shape or materials proposed to be used in constructing or installing the proposed improvements, or other limitations necessary to maintain the local significance of the property or district, where the applicant agrees to such modifications and conditions. Such conditions shall be made part of any subsequent zoning approval.
(3) Disapproval. In the event that the Design Review Commission determines that an application shall be disapproved, the Zoning Inspector shall notify the applicant in writing within ten (10) calendar days of the reasons for disapproval and may include recommendations regarding the proposed construction activity. The Zoning Inspector shall not issue a Certificate of Appropriateness or Zoning Permit for such project after a disapproval by the Commission.
A. Upon disapproval, the Design Review Commission shall offer to “stay” the Final Order and undertake continuing and meaningful discussions with the applicant in order to develop a compromise proposal acceptable to both. Such discussions shall extend over a period of at least thirty (30) days, but shall not exceed six (6) months from the date of disapproval.
B. In the case of denial of an application for demolition, the Design Review Commission shall offer to investigate the feasibility of all means of preserving the listed property, including purchase by a third party.
1. If the Design Review Commission and applicant cannot agree on a means of preserving the structure at the initial meeting, then the Commission shall continue to schedule good faith meetings at least every forty-five (45) days after the initial meeting. If the applicant fails to meet with the Commission in good faith, at the time specified, then discussions may terminate. Upon termination for any reason, the Commission shall inform the applicant in writing of the termination of such good faith discussions and that the Final Order for denial of the application shall stand.
2. If a compromise proposal is accepted by both the applicant and the Design Review Commission, or if the Commission determines that preservation of a structure proposed for demolition is not feasible, the Commission may henceforth reverse its Final Order and issue a Certificate of Appropriateness.
C. If, after holding such good faith meeting(s) over the continued discussion period specified by the Design Review Commission, no alternative property use is developed or no offer to preserve the structure or architecturally significant features is made by the applicant, the City, or a third party, then the Commission may also consider whether failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and whether such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Ordinance. In such event, the Commission may grant the application, with or without modifications, and issue a Certificate of Appropriateness for such proposed construction, reconstruction, exterior alteration or demolition.
(e) Certificate of Appropriateness. Upon approval by the Commission, the Zoning Inspector shall issue a Certificate of Appropriateness to the applicant within ten (10) days thereafter. Any approved modifications or conditions shall be stated upon the Certificate and made part of any subsequent zoning approval.
(1) A Certificate of Appropriateness is valid for one (1) year from the date of approval. Unless the work described in the approval from the Design Review Commission is commenced within one (1) year and continued progress is made and is completed within two (2) years, the Certificate of Appropriateness shall expire as a matter of law. The Commission may grant an extension of time for good cause shown.
(2) Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other zoning and building regulations of the City, County, and/or State.
(3) When a Certificate of Appropriateness is issued for demolition, the applicant shall receive further written instruction that new in-fill construction in the Design Review Overlay District is subject to review by the Design Review Commission.
(Ord. 2008-06. Passed 4-14-08.)