(a) When the owner of property within a historic district or the owner of a listed property desires to make any change in design, color, texture, materials or exterior features, including construction, reconstruction, alteration or demolition or any change in environmental features, such owner or his agent shall apply for and secure a certificate of appropriateness from the Commission. The application for the certificate of appropriateness shall be filed with the Historic Preservation Officer, in such form and with such plans, specifications and other materials as the Commission may from time to time prescribe.
(b) The Commission shall consider such application, plans, specifications and other material at the next regularly scheduled meeting of the Commission provided that a completed application is filed at least two (2) weeks prior to the meeting. If the Historic Preservation Officer determines that no architectural or environmental feature is involved, he/she shall issue a certificate of appropriateness.
(c) In the event that the Historic Preservation Officer finds that an architectural feature is involved, the Commission shall determine whether or not the proposed construction, reconstruction, alteration or demolition is appropriate. In making such determination the Commission shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Commission.
(d) In the event that the Commission finds the proposed construction, reconstruction, alteration or demolition is appropriate, then the secretary of the Commission shall issue a certificate of appropriateness.
(e) In the event that the Commission finds such proposed construction, reconstruction, alteration or demolition is not appropriate, then the Commission shall deny issuance of a certificate of appropriateness. Appeals of the decision of the Commission shall be made to the Common Pleas Court of Jefferson County.
(f) In the event the Commission determines that a certificate of appropriateness will not be issued, it shall forthwith state in its records the reasons for such determination and may include recommendations respecting the proposed construction, or reconstruction, alteration, demolition or change to any listed property or property located within any historic district. The secretary of the Commission shall notify the applicant of such determination and transmit to him reasons for denial and recommendations, if any, of the Commission.
(g) In cases involving the demolition of a listed property or property within a historic district, the application for certificate of appropriateness must be accompanied by construction plans and specifications for the replacement structure or project. No action shall be taken on the issuance or denial of a certificate of appropriateness until the Commission determines whether the replacement structure or project complies with the Secretary of the Interior's Standards for Rehabilitation, and the design guidelines adopted by the Commission.
(h) At its discretion, the Commission may establish a waiting period not to exceed one (1) year, during which time no action shall be taken on the issuance or denial of a certificate of appropriateness in cases involving the demolition of a listed property or a property within a historic district. During such waiting period, the Commission shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Commission and the owner shall take place within thirty (30) days from the date of denial of the certificate of appropriateness and both parties must continue to have good faith meetings at least every forty-five (45) days after the initial meeting. If a compromise proposal is accepted by both parties, then the Commission may issue a certificate of appropriateness.
(i) Where a parking lot or garage is proposed as a replacement structure or project, a technical study of all parking needs of the facility or area which such parking lot or structure is proposed to serve must be submitted along with the application for certificate of appropriateness. Such study must be prepared using professionally accepted methodology approved by the Commission, and completed by a person with at least five (5) years experience in transportation planning and design. Where no replacement structure or project is proposed, the Commission may consider the application as if a parking area was proposed.