(A) Submittal of application. An application for a Certificate of Appropriateness shall be obtained from and, when completed, filed with the Commission staff. Applications for Certificates of Appropriateness shall be considered by the Commission at its next regularly scheduled meeting, provided they have been filed, complete in form and content, at least ten working days before the meeting; otherwise consideration shall be deferred until the following meeting.
(B) Contents of application.
(1) The Commission shall, by uniform rule in its Rules of Procedure, require information as is reasonably necessary to determine the nature of the application. An application for a Certificate of Appropriateness shall not be considered complete until the required information is included. An incomplete application shall not be accepted.
(2) Nothing shall prevent the applicant from filing with the application additional relevant information bearing on the application.
(C) Notification of affected property owners. Before considering an application for a Certificate of Appropriateness, the Commission shall notify by mail the owners of any adjacent property. The mailed notices are for the convenience of the property owners and occupants and any defect or their omission therein shall not impair the validity of issuing a Certificate of Appropriateness, or any following action.
(D) Hearing. When considering an application, the Commission shall give the applicant and owners of any property likely to be materially affected by the application, an opportunity to be heard.
(E) Commission action on application.
(1) When considering the application, the Commission shall apply the review guidelines required by § 151.002, and shall, before final action of the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria.
(2) The Commission's action on the application shall be approval, approval with modifications, deferral, or disapproval.
(F) Reasons for Commission's actions to appear in minutes. The Commission shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with modifications, deferral or denial. The minutes shall also contain a summary of any citation to the evidence, testimony, studies, or other authority upon which it based its decision.
(G) Time limits.
(1) If the Commission fails to take final action upon any application within 90 days after the complete application is submitted to the Commission staff, the application shall be deemed to be approved as submitted. This time period may be extended upon mutual agreement between the Commission and the applicant.
(2) A Certificate of Appropriateness shall expire six months after the date of issuance, or in the case of a demolition Certificate of Appropriateness, the effective date, if the work authorized by the certificate has not been commenced. If the work has been discontinued for a period of 12 months after commencement, the permit shall immediately expire.
(H) Submission of new application. If the Commission denies a Certificate of Appropriateness, a new application affecting the same property may be submitted only if substantial change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.
(I) Appeals of the Commission's decision. An appeal may be made to the Board of Adjustment of the corresponding jurisdiction regarding the Commission's action in approving or denying any application for a Certificate of Appropriateness. Written notice of intent to appeal must be sent to the Commission, postmarked within 20 days following the Commission's decision, unless oral notice of appeal is made to the Commission during the meeting at which the decision is rendered. Appeals must be filed with the Board of Adjustment of the corresponding jurisdiction within 60 days following the Commission's decision. Appeals shall be in the nature of certiorari. The Board of Adjustment's decision in any such case may be appealed to the superior court of Wake County.
(Ord. passed 5-4-1992)