(a) Approval of 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, except for excluded changes pursuant to Section 1149.11.
(b) Applications for certificates of appropriateness shall be obtained from the Zoning Department in such form as may be prescribed by the Review Board and subsequently filed with the Planning Department. Applicants for certificate of appropriateness will be informed of the approval process at the time of application, and if the applicant and the Board cannot agree after a maximum negotiation period of 90 days, the Board will approve the application as applied for.
(c) The Review Board shall make a determination on an application for a certificate of appropriateness within thirty days of the filing of the action, or within sixty days if a public hearing is required pursuant to subsection (e) hereof, unless an extension of time is approved by the applicant. If the Board fails to render its determination within the specified time period, the application for certificate of appropriateness shall be deemed approved. The date of determination may be extended by mutual agreement between the applicant and the Board.
(d) For all certificates of appropriateness to be considered by the Review Board, the Housing, Planning and Zoning Officer shall give notice to each application for a certificate of appropriateness by regular mail to adjacent property owners, community organizations in which the property is situated and to any other person who has requested to receive notice of any applications filed for work proposed to be done on the historic structure or within the particular site or district in which the property affected is located at least seven days in advance of the Board's acting on the application. The Housing, Planning and Zoning Officer shall cause a notice of each such application for a certificate of appropriateness to be published in a journal of general circulation at least once in advance of the Board's acting on the application.
(e) Unless exempt from a public hearing by subsection (j) hereof, copies of all applications for certificates of appropriateness shall within seven days after filing, be transmitted to all City departments with authority over any aspect of the activities proposed and to any community organizations affected and any other organization affected having a demonstrated interest in historic preservation. In its transmittal notice, the Review Board shall specify a time, date and place for preliminary pre-hearing conference, to which all interested City departments, the aforementioned organizations and the applicant shall be invited. At such conference, the comments and recommendations of all interested departments concerning their respective authority over the proposed changes and their advice as to the appropriateness of those changes shall be received and discussed. All interested departments shall promptly advise the Review Board in writing of their respective approval, disapproval or approval with modifications of the proposed changes.
(f) On request of the property owner, or upon receipt of objection to the proposed alteration or environmental change from any other owner of property within a site or within the same preservation district, or community organization with demonstrated interest in historic preservation, or City official, the Review Board shall act upon the application for a certificate of appropriateness only after public hearing.
(g) The Review Board shall review and act upon all certificates of appropriateness in the manner prescribed herein, for the purpose of furthering the preservation and integrity of the historic area, structure or resource affected. The Board shall approve or approve with conditions the certificates of appropriateness when it finds that:
(1) The proposal conforms to the guidelines;
(2) There is no feasible and prudent alternative alteration or environmental change which would conform to the guidelines and the strict application of the guidelines would:
A. Deny the owner a reasonable rate of return on the real property; and
B. Amount to a taking of the property of the owner without just compensation;
(3) In case the owner is a nonprofit corporation or organization, there is no feasible and prudent alternative alteration or environmental change which would conform to the guidelines and the strict application of the guidelines would:
A. Deny the owner the use of the property in a manner compatible with its organizational purposes; and
B Amount to a taking of the property without just compensation.
Otherwise, the Review Board shall deny the certificate of appropriateness.
(h) If the Review Board does not approve an application the Review Board shall have the power to impose and enforce a waiting period of up to 90 days from the notice of disapproval for changes or rehabilitation to an existing property. In the case of demolition or new construction in a designated “Historic Preservation District” the Review Board shall have the power to impose and enforce a waiting period of up to 180 days from the date of the disapproval. During these periods the Review Board shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:
(1) With respect to an application involving an alteration the Review Board and the applicant shall work together during such period to find a mutually agreeable method of completing the proposed building or environmental change or rehabilitation. If the Review Board and the applicant are unable to agree on a method for the requested change, alteration or rehabilitation of a designated Landmark or designated Historic Preservation District property within the negotiation period of 90 days the Review Board upon expiration of such period shall approve the application as applied for with respect to the requested change, alteration or rehabilitation.
(2) With respect to an application involving a demolition, removal or construction, the Review Board in its discretion may extend the original waiting period of 180 days by no more than an additional 180 days. During such period the Review Board and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving a designated Historic Building or construction of a new building that would be more fitting in a designated Historic Preservation District. The Board shall also investigate the feasibility of all available ways and means of preserving a designated Historic Building including, without limitation, inducing by contract or other consideration, the creation of covenants restricting the use of the property; leasing and subleasing the property for the purposes of preservation; and acquiring by eminent domain or contract or conveyance of all or part of interest in the property that is being requested for demolition. If the Board and the applicant are unable to agree on a means of preserving an Historic Building or construction of a new building within the waiting period, the Review Board upon expiration of such period or extension thereof, shall approve the application with respect to the proposed demolition or construction.
(i) The Review Board may delegate to the Zoning Officer the authority to grant certificates of appropriateness within fifteen days without referral to the Board and without public hearing in the case of minor alterations of types which the Board shall previously specify.
(j) The Review Board shall work with City departments and assist departments in recommendations to Council on methods of financing public improvements in historic districts if those improvements are above normal cost because of historic design.
(k) The Review Board shall work with City Departments and Council to educate the public concerning the values of historic preservation and shall seek to find programs and grants that will assist property owners in preserving their historic properties.
(Ord. 000215-15. Passed 6-6-00.)