(a) When the owner of a property within a Historic District or the owner of a listed property desires to make any change in design, color, texture, material or exterior features, including the construction, reconstruction, alteration, demolition or the erection of a sign, or any change in environmental features, such owner or his agent shall file with the Secretary of the Landmarks Commission an application in such form and with such plans, specifications and timeframes for the construction, reconstruction, alteration, demolition or erection of a sign, or any changes to the environmental features. Upon application, The Landmarks Commission City designated personnel will determine if such application will require a Certificate of Appropriateness. If no certificate is determined to be required, City designee will indicate so, and withdrawal the application.
(b) The Landmarks Commission shall journalize a Certificate of Appropriateness application at the next scheduled meeting. Once journalized, the Commission must consider the application within forty-five (45) days of such submission, the Landmarks Commission shall consider such application. Consideration will involve the review of the plans, specifications and other material.
(c) The Landmarks Commission shall determine whether the proposed construction, reconstruction, alteration, demolition or change of design, color, texture, or material or exterior feature of such structure, sign or environmental feature is appropriate. In making such determination the Landmarks Commission shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Landmarks Commission.
(d) In the event that the Landmarks Commission finds such proposed construction, reconstruction, alteration, demolition or change in design, color, texture, material or exterior feature of any structure, sign or environmental feature to be appropriate, a Certificate of Appropriateness shall be issued by the Secretary of the Landmarks Commission.
(e) In the event that the Landmarks Commission finds such proposed construction, reconstruction, alteration, demolition or change in design, color, texture, material or exterior feature of any structure, sign or environmental feature not to be appropriate but failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and that such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this chapter, then and in such event, the Secretary of the Landmarks Commission shall issue a Certificate of Appropriateness for such proposed work.
(f) In the event that the Landmarks Commission determines within the appropriate time that a Certificate of Appropriateness shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction or reconstruction, alteration, demolition or change in design, texture, color, material or exterior feature of any structure, sign or environmental feature. The Secretary of the Landmarks Commission shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Landmarks Commission.
(g) At its discretion, the Landmarks Commission may establish a waiting period not to exceed six (6) months, during which time no action shall be taken on the issuance or denial of a Certificate of Appropriateness. During such waiting period, the Landmarks Commission shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both.
(h) An appeal of the decision of the Landmarks Commission may be made to the City Board of Zoning Appeals in accordance with Section 1172. Such appeals must be made in writing to the Board of Zoning Appeals pursuant to Section 1172 within twenty (20) days of the decision by the Landmarks Commission.
(Ord. 21-334. Passed 11-9-21.)