(A) An application to build or other permit for new construction, or for any addition, alteration, demolition, reconstruction, rehabilitation, repair, restoration, or moving of any district resource shall be made to the Building Official. It shall be the duty of the Building Official to review the application and to make an initial determination as to whether the provisions of this subchapter are applicable; and if so, to so advise the Commission and the applicant. The Commission shall, within five business days thereafter, either confirm or reverse the initial determination of the Building Official, who shall promptly inform the applicant of the Commission’s decision.
(B) (1) If it is determined by the Commission that the provisions of this subchapter and guidelines adopted pursuant hereto apply to an application for a permit to build or other permit which affects an established or proposed historic district resource, the Building Official shall require of the applicant that such additional plans, evaluations, and other information as deemed reasonably necessary be submitted in order to determine the extent of the proposed undertaking and its relation to any established or proposed historic district or district resource.
(2) The Building Official shall promptly furnish to the Commission the application and accompanying documentation, and shall in addition submit his or her comments and such other information as he or she deems pertinent. The Commission shall review the application and documentation to determine whether the proposed project or work impacts adversely upon an established or proposed historic district or district resource. In the event the plans, elevations, and other information would result in consequences, the Commission shall so inform the applicant of its findings. The Commission and the applicant shall thereupon meet and confer in order that modification of the application and project plan may be discussed and compromise be reached.
(C) In the event modification of the proposed work plan cannot be agreed upon, the Commission shall determine whether established guidelines apply to the proposed undertaking and shall inform the applicant of its determination. If established guidelines are not found to be applicable within the meaning of § 150.069, the Commission shall forthwith commence the preparation of guidelines to apply to the proposed work plan in accordance with the procedures prescribed herein.
(D) Formal consideration of an application for a permit shall be made at a duly called meeting of the Commission within 30 days of its receipt from the Building Official unless it is determined that duly adopted guidelines do not apply to the particular proposed work or work project. If the Commission approves such application, it shall issue a certificate of appropriateness, signed by the Chairperson which shall be attached to the application and returned to the Building Official.
(E) If the Commission disapproves an application to build or other permit and denies the issuance of a certificate of appropriateness, the disapproval and denial shall be in writing and shall include the reasons for the Commission’s determination and shall be promptly forwarded to the Building Official and to the applicant by first-class mail. The Commission may include a statement of what modifications would be necessary to cause the Commission to reconsider its determination and disapproval of the application and of its denial of a certificate of appropriateness. An applicant may take such modifications to the plan and or other information as desired, and may resubmit the application and attendant documentation to the Commission after so doing.
(F) The failure of the Commission to approve or to disapprove an application or to issue or deny a certificate of appropriateness, or to prepare new guidelines pertaining to the proposed work or project for approval by the Council, within 60 days after the date of receipt of the application from the Building Official with all necessary attendant documentation, shall, unless otherwise clearly indicated, be deemed to constitute approval, and the issuance of a certificate of appropriateness shall not be required.
(2005 Code, § 271.006) (Ord. passed 5-10-1967)