(a) No person shall make any major change to any Protected Property without first obtaining a Certificate of Appropriateness from the ARB.
(b) Applications for Certificates of Appropriateness shall be filed with the Building Inspector, as prescribed by the ARB.
(c) The ARB shall approve or deny an application for a Certificate of Appropriateness within 60 days of the filing of the action, unless an extension of time is approved by the applicant. If the ARB fails to render a decision within the specified time period, the application for a Certificate of Appropriateness shall be deemed approved.
(d) The ARB shall approve or approve with conditions the Certificate of Appropriateness upon finding that:
(1) The proposal conforms to the guidelines; or
(2) There is no feasible and prudent alternative alteration or change which would conform to the guidelines, and adhering to the guidelines would deny the owner a reasonable rate of return on the real property or amount to a taking of property without just compensation.
(e) The Building Inspector shall not issue any permit for the proposed major change until a Certificate of Appropriateness is granted.
(f) In the case of a denial of a Certificate of Appropriateness for demolition:
(1) The ARB and applicant shall undertake meaningful and continuing discussion to find a means of preserving the property.
(2) If the applicant fails to meet with the ARB in good faith, and at specified times, then the denial of the application will stand.
(3) After meeting with the applicant, if the ARB determines that denial would create a substantial hardship to the applicant, it shall propose a compromise which relieves the hardship, if it exists.
(4) If, after meeting with the applicant, the ARB has not reached a compromise with the applicant which relieves substantial hardship, then the applicant may appeal the decision directly to the City Council. Council may affirm, modify or reverse the Board's decision.
(g) In the case of an application for demolition, the ARB may delay a decision for up to 180 days upon finding that a structure is of such importance that alternatives to demolition should be actively pursued by both the ARB and the applicant. Alternate steps to be investigated include, but are not limited to:
(1) Consultation with civic groups, public agencies and interested citizens;
(2) Recommendations for acquisition of the property by public or private bodies;
(3) Exploration of the possibility of moving one or more structures or other features.
(h) In the case of denial for construction, reconstruction or alteration, the ARB and the applicant will undertake the same process outlined in (f) above. If, after meeting with the applicant, the ARB has not reached a compromise with the applicant, then the applicant may appeal the decision to City Council within 60 days from the date of the ARB's decision to deny the application. City Council may affirm, modify or reverse the ARB's decision. City Council may affirm, deny or reverse the ARB's decision.
(i) Notice of the decision of the ARB regarding any application shall be forwarded to the applicant by ordinary U.S. Mail within 10 working days after the decision date.
(Ord. 0-15-4. Passed 2-19-15.)