(a) When the owner of a property within the Downtown Design Review District, or any future district, with the exception of an owner of a Single-Family or Two-Family Dwelling, intends to construct, reconstruct, alter, or demolish any portion of a structure within the district, he shall first apply for and secure a Certificate of Appropriateness from the Architectural Board of Review. The application for a certificate shall be filed with the Office of the City Engineer, together with three (3) sets of such plans, specifications, photographs of the property subject to the proposed change, and any other material that the Architectural Board of Review may from time to time request. The City Engineer shall immediately transmit such application to the Secretary of the Architectural Board of Review, and to the Tiffin City Fire Department.
(b) Within thirty (30) days of filing, the Board shall consider the application and all supporting materials and determine:
(1) Whether any exterior architectural feature is involved and
(2) Whether a Certificate of Appropriateness shall be issued or denied.
If the Board determines that no architectural feature is involved, it shall cause the Secretary to endorse the Certificate of Appropriateness and return the application and all supporting materials to the applicant. If the Board fails to act on an application within thirty (30) days of filing, the application shall be deemed approved.
(c) In the event the Architectural Board of Review finds that an architectural feature is involved in the work proposed by the application, the Board shall determine whether the proposed construction, reconstruction, alteration, or demolition is appropriate or whether it has a potentially adverse effect upon the purposes of this chapter or the Downtown Design Review District. In making such determination, the Review Board shall refer to the United States Secretary of Interior's Standards for Rehabilitation attached to original Ordinance 00-57 and incorporated herein as Exhibit B. In the case of archeological properties, the Review Board shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook.
(d) The Review Board may require any person applying for a Certificate of Appropriateness or request any person whose interests appear adverse to those of the applicant, to file with the Review Board prior to any hearing, or determination, information concerning the applicant's intentions, or such adverse person's interests or intentions.
(e) If the proposed construction, reconstruction, alteration, or demolition is determined to have no adverse effect on the Downtown Design Review District, and does not violate the spirit and purpose of this legislation, then the Review Board Secretary shall issue the Certificate of Appropriateness.
(f) If the Review Board determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the Downtown Design Review District, and does violate the spirit and purpose of this legislation, then the Review Board shall deny issuance of the Certificate of Appropriateness.
(g) In the event the Review Board determines within the thirty (30) day review period that a Certificate of Appropriateness shall not be issued, it shall state in its records the reason(s) for such determination, and may include recommendations with respect to the proposed work. The Secretary of the Review Board shall forthwith notify the applicant, the Tiffin City Fire Department, and the Office of the City Engineer of such determination and transmit to the applicant a certified copy of the reasons for denial, along with any recommendations by the Review Board.
(h) Upon denying a Certificate of Appropriateness, the Review Board shall impose a waiting period of at least thirty (30) days, but not to exceed ninety (90) days from the date of disapproval. During this time the applicant(s) shall negotiate with the Review Board in order to develop a compromise proposal acceptable to both parties. The first meeting between the Review Board and the Applicant(s) shall be held within thirty (30) days from the date of the denial of the Certificate of Appropriateness. If a compromise proposal is accepted by both parties, the Board may issue a Certificate of Appropriateness for the revised application.
(i) In the case of a denial of a Certificate of Appropriateness for demolition:
(1) The Review Board and the Applicant(s) shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Review Board and the applicant(s) shall investigate all means of preserving the listed property. If the Review Board and the applicant(s) do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least every thirty (30) days after the initial meeting.
(2) If the applicant(s) fails to meet with the Board in good faith, at the time specified, then the Board denial of the application shall stand.
(3) If, after holding such good faith meetings within the waiting period specified by this legislation, the Review Board determines that a failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant(s), 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 Review Board shall issue a Certificate of Appropriateness for such proposed demolition. A copy of the executed certificate shall be transmitted to the Tiffin City Fire Department.
(4) If, after holding such good faith meetings in the waiting period specified by this legislation, no alternative property use is developed, or no offer to save the structure is made by the applicant, the Review Board, or a third party, then the applicant may appeal the Board's decision to Tiffin City Board of Zoning Appeals by serving notice of the appeal to the Board within ten (10) days of the date of the Board's decision. Such appeal shall be heard at the next regularly scheduled meeting of the Tiffin City Zoning Board of Appeals. If the Tiffin City Zoning Board of Appeals affirms the decision, the denial of the Certificate of Appropriateness will stand. If the Applicant chooses to appeal the decision of the Tiffin City Zoning Board of Appeals, he or she may seek relief from the Court of Common Pleas for Seneca County in accordance with the rules of the Administrative Procedure Act of the Ohio Revised Code.
(j) In the case of denial of a Certificate of Appropriateness for construction, reconstruction, or alteration:
(1) The Review Board and the applicant(s) shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to incompatible new construction, reconstruction, or alteration within the district. If the Review Board and the applicant(s) do not agree on an alternative solution at the initial meeting, then they must continue to undertake meaningful discussions for the purpose of seeking a compromise solution, and such good faith meetings shall be held at least every thirty (30) days after the initial meeting.
(2) If the applicant(s) fails to meet with the Review Board in good faith at the time specified, then the Review Board's denial of the Certificate of Appropriateness will stand.
(3) If, after holding such good faith meetings in the waiting period specified by this legislation, the Review Board determines that failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant(s) and that such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this legislation, then and in such event, the Secretary shall issue a Certificate of Appropriateness for such proposed construction, reconstruction, or alteration.
(4) If, after holding such good faith meetings in the waiting period specified herein, no alternative solution to incompatible construction, reconstruction, or alteration is reached, then the applicant(s) may appeal the decision in the manner set forth in Section 1311.05(i)(4).
(Ord. 00-57. Passed 11-6-00.)