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, reconstruction, demolition, erection of a sign or landscaping, he shall first obtain a Certificate from the Board. A Certificate shall also be obtained for proposed tree removal within a preservation district. A Certificate shall not be required for removal by the City of trees within street rights of way.
(b) If the proposed work requires a building or a sign permit or a demolition permit, the owner or user shall file an application through the Building Department which shall then refer the matter to the Board.
(1) If the demolition, 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 chapter, then the Board shall issue a Certificate and the owner or user may proceed.
(2) In the event the Board shall not commence review of the application within thirty (30) calendar days after it has been filed, the application shall be considered approved.
(c) If, after due consideration by the Board, it is determined that the demolition, change or sign would have an adverse effect on properties subject to the provisions of this chapter, 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.
(1) The Board shall make every effort by working with the applicant, for a period not to exceed six (6) weeks, to develop a proposal for such demolition, change or sign that shall be compatible with the terms of this chapter so that a certificate can be issued by the Board.
(2) At any time during this period, the Board may refer the application to Council or, if no satisfactory alternative has been worked out by the end of the six (6)-week period, then the Board shall refer the matter to Council together with the Board's written recommendations concerning the application.
(3) The Council functioning under its own rules of procedure, shall give due consideration to the findings and recommendations of the Board, the owner or user, the views expressed by persons participating in public hearings which Council may hold. Upon its conclusion, Council shall determine whether or not a Certificate shall be issued.
(4) After twelve (12) months, the process of application and appeal may be repeated. The owner or user may be required to delay his proposed construction, reconstruction or alteration for up to one year by Council.
(5) If the application involves demolition, the owner or user may be required to delay his work for up to two (2) years by Council.
(6) Sign applications may be permanently denied by Council.
(d) Alternate Plan.
(1) 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 representative, that is acceptable to all parties.
(2) In the case of a proposed demolition, the Board shall attempt to find practicable alternatives to such demolition.
(e) Where the position of the Board is overruled by Council, a Certificate shall automatically be issued upon such action.
(f) Within thirty 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. 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.
(Ord. 2020-21. Passed 2-18-20.)