1149.09  ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS.
   (a)    When the owner of a property within a Preservation District or owner of a listed property desires to make any change other than ordinary maintenance when no color changes are involved, including the construction, reconstruction, alteration, or demolition of any property, structure, tree, sign, area, or object within a preservation district or for any listed property, such owner or his agent shall first secure a Certificate of Appropriateness from the Design Review Board, unless such property is exempt in accordance with the exclusions permitted in Section 1149.11 in these regulations. Such an exemption shall be determined by the Zoning Administrator.
 
   (b)    Applications for Certificates of Appropriateness shall be filed with the Zoning Administrator who shall, prior to issuance of any permits, refer the application to the Review Board for approval or denial.
 
   (c)    If a proposed change is determined to have no adverse affects on the purpose of the Preservation District or listed properties and does not violate the spirit and purpose of these preservation and Design Review Board regulations, then the Review Board shall issue a Certificate of Appropriateness.
 
   (d)    If a proposed change is determined to have an adverse affect on the purpose of the Preservation District or listed properties and does violate the spirit and purpose of the preservation and Design Review Board regulations then the Review Board shall deny issuance of a Certificate of Appropriateness.
   (e)    In the case of an inappropriate change, sign or landscaping proposal, the Review Board shall attempt to work out an alternative plan with the owner or user or his representative that is acceptable to all parties. In the case of a proposed demolition, the Review Board shall attempt to find practicable alternatives to demolition.
   (f)    If the Review Board is unable to work out an alternative plan that conforms to the spirit and purpose of this chapter, the owner or user, if still desiring to execute his proposal, shall make application to the Municipal Planning Commission. The Planning Commission, functioning under its own and otherwise prescribed rules of procedure, shall consider the positions of the owner or user and the Design Review Board and may approve or deny the issuance of a Certificate of Appropriateness. 
   (g)   The Review Board is obligated to act as quickly as possible on all applications so as to cause as little inconvenience to the owner or user as is possible and shall attempt, where the proposed sign, change or landscaping is inappropriate, to keep the waiting period as brief as it may be so long as the owner or user negotiates with the Review Board in good faith. Where a recommendation of disapproval is made to the Planning Commission, the reasons shall be set forth in writing. 
(Ord. 22-79.  Passed 10-15-79.)