(a) When the owner of a property within a Preservation District intends to construct, reconstruct, alter or demolish any portion of a structure within the District, he or she shall first apply for and secure a certificate of appropriateness from the Design Review Board. The application for a certificate shall be deposited with the City's Code Enforcement Officer, together with such plans, specifications, and other material as the Design Review Board may from time to time prescribe. The Code Enforcement Officer shall immediately transmit such application to the Secretary of the Downtown Review Board.
(b) Within 30 days of filing, the Board shall consider the applications, plans and specifications, and determine whether any “exterior architectural feature” is involved and whether a certificate of appropriateness shall be issued or denied. If the Design Review Board determines that no architectural feature is involved, it shall cause the Secretary to endorse the certificate of appropriateness and return the application, plans and specifications to the applicant. If the Board fails to act on an application within 30 days of filing, the application shall be deemed approved.
(c) In the event that the Design Review Board finds that an architectural feature is involved, the Board shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter or the Preservation District. In making such determination, the Board shall refer to the Secretary of the Interior's Standards for Rehabilitation as quoted herein. In the case of archeological properties, the Board shall refer to the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook
(d) The 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 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 Preservation District, and does not violate the spirit and purpose of these regulations, then the Board secretary shall issue the certificate of appropriateness.
(f) If the Design Review Board determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect on the Preservation District, and does violate the spirit and purposes of these regulations, then the Board shall deny issuance of the certificate of appropriateness.
(g) In the event that the Design Review Board determines within the 30-day review period that a certificate of appropriateness shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition of any area, place, building, structure, site, object or work of art. The Secretary of the Board shall forthwith notify the applicant and the Zoning Department of such determination and transmit to him or her a certified copy of the reasons for denial and recommendations, if any, of the Board.
(h) Upon denying a certificate of appropriateness, the Board shall impose a waiting period of at least 30 days, but not to exceed six months from the date of disapproval, during which time the Board shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between Board and applicant shall be held within 30 days from the date of disapproval. If a compromise proposal is accepted by both parties, the Board may henceforth issue a certificate of appropriateness.
(i) In the case of denial of a certificate of appropriateness for demolition:
(1) The Board and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Board and applicant shall investigate the feasibility of all means of preserving the listed property. If the Board and applicant 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 45 days after the initial meeting. If the applicant fails to meet with the Board in good faith, at the time specified, then the Board's denial of the application will stand.
(2) If, after holding such good-faith meeting in the waiting period specified by the Board, the Board determines that failure to issue a certificate of appropriateness will create a substantial hardship to the applicant 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 Board shall issue a certificate of appropriateness for such proposed demolition.
(3) If, after holding such good-faith meetings in the waiting period specified by the Board, no alternative property use is developed or no offer to save the structure is made by the applicant, the Board or a third party, then the applicant may appeal the decision to City Council. City Council may affirm or reverse the Board decision. If City Council affirms the decision, the denial of certificate of appropriateness will stand.
(j) In the case of denial of a certificate of appropriateness for construction, reconstruction, or alteration:
(1) The Board and the applicant shall undertake meaningful and continuing discussion during the waiting period in order to find an alternative to incompatible new construction, reconstruction, or alteration within a Preservation District. If the Board and applicant do not agree on an alternative solution at the initial meeting, then they must continue to undertake meaningful discussion for the purpose of seeking a compromise solution, and such good-faith meetings shall be held at least every 45 days after the initial meeting.
(2) If the applicant fails to meet with the Board in good faith in the time specified, then the Board's denial of the application will stand.
(3) If, after holding such good-faith meetings in the waiting period specified by the Board, the Board determines that failure to issue a certificate of appropriateness will create a substantial hardship to the applicant 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 Board 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 by the Board, no alternative solution to incompatible construction, reconstruction, or alteration is reached then the applicant may appeal the decision to City Council. City Council may affirm or reverse the Board decision. If Council affirms the decision, the denial of certificate of appropriateness will stand.
(Ord. 5230. Passed 5-21-07.)