(a) All applications for a certificate of approval will be made on forms available at the Director's office and shall be forwarded immediately to the Board.
(b) Notwithstanding any other provision of law, the Director shall not permit any work except as pursuant to a certificate of approval issued by the Board as authorized by the City Council.
(c) The Board shall hold a public hearing on applications to it for a certificate of approval.
(d) The determination by the Board on an application for a certificate of approval, or report of any action taken, shall be forwarded to the Director for appropriate action not later than forty-five days after receipt of the application by the Board.
(e) The Board, in considering the appropriateness of any work, shall consider, among other things, the purposes of this chapter, the historical and architectural value and significance of the landmark or historical district, the texture, material and color of the building or structure in question or its appurtenant fixtures, including signs, and the relationship of such features to similar features of other buildings within a historical district, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" are incorporated in this chapter by reference as the minimum level of appropriateness required by the Board.
(f) If, after considering the application for a certificate of approval required by this section, the Board determines that the proposed changes are consistent with the criteria for historic preservation established by this section, the Board shall recommend to the Director the issuance of the certificate of approval.
(g) In the event of determination to deny a certificate of approval, the Board shall request consultation with the owner for a period not to exceed ninety days for the purpose of considering alternatives which achieve preservation in keeping with the criteria. If, within that time, an acceptable solution has been achieved, the decision may be amended to approve issuance of a certificate. If, at the end of ninety days, an acceptable solution has not been achieved, the certificate of approval shall be deemed finally denied and the applicant so notified by letter and the applicant may appeal to the Council within twenty days of the date of the letter finally denying the application. The Council may, after a public hearing, reverse or modify the recommendation of the Board but only if it finds that owing to special conditions pertaining to the specific piece of property, denial of the certificate of approval will cause undue and unnecessary hardship.
(Ord. 1538. Passed 7-27-04.)