The procedure for the issuance of a certificate of appropriateness (hereinafter referred to as a “certificate”) shall be as follows.
(A) When the owner or user of a property within a preservation district, or an otherwise listed property, desires to make any environmental change, including the construction of a building or an addition, reconstruction, demolition, erection of a sign, or display, or landscaping, he or she shall first obtain a written certificate from the Board.
(B) If the proposed work requires a building or a sign permit, the owner or user shall file an application through the Building Department which shall then refer the matter to the Board. If the change or sign is not incompatible with nor does it adversely affect any historic, architectural, or environmental feature of the property, or physically related properties which are also within a preservation district or otherwise listed, and does not violate the spirit and purpose of this subchapter, then the Board shall issue an approved written certificate and the owner or user may proceed.
(C) (1) If, after due consideration by the Board, it is determined that the change or sign would have an adverse effect on properties subject to the provisions of this subchapter, then the Board shall deny the issuance of the certificate.
(2) The Board shall state reasons for such disapproval in writing and transmit the written statement to the applicant together with recommendations the Board may have made for appropriate changes. (See appeals procedures, § 153.094.)
(D) In the case of an inappropriate change, sign proposal, or landscape plan, the Board shall, during this waiting period, attempt to work out an alternate plan with the owner or user, or his or her representative, that is acceptable to all parties. In the case of a proposed demolition, the Board shall attempt to find practicable alternatives to such demolition.
(E) (1) Within 30 calendar days after the date of filing of an application for a certificate, the Board shall decide whether the proposed change, sign, or landscaping is appropriate.
(2) The 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 change, sign, display, or landscaping is inappropriate, to keep the waiting period as brief as it may be. Where a recommendation of disapproval is made to Council, the reasons shall be set forth in writing.
(F) Where the position of the Board is overruled by Council, a certificate shall automatically be issued upon such action.
(G) Notwithstanding the other provisions of this section, if the property is located in the Advisory Portion of District (APD) and not in the Mandatory Portion of District (MPD), a certificate of appropriateness shall be advisory only to the owner and shall be designated as “ADVISORY” marked in plain letters on the certificate of appropriateness. An owner may proceed with environmental changes only after the Board provides said advisory certificate of appropriateness.
(Ord. 96-152, passed 10-7-1996; Ord. 2010-003, passed 5-3-2010)