Sec. 17-142. - Review procedures for certificates of

The following procedures shall be followed in processing applications for certificates of appropriateness:

(a)

Application. Applications for a certificate of appropriateness shall be filed with the planning department.

(b)

Application materials. Applications shall be accompanied by such materials as are required by the commission and the planning department that are reasonably necessary for the proper review of the proposed project.

(c)

Noticing.

(1)

Minor alterations. No public noticing shall be required for applications for certificates of appropriateness involving only minor alterations.

(2)

All applications other than minor alterations. For applications involving other than minor alterations, public notice shall be provided as determined by resolution of the planning commission. Such resolution shall included at a minimum that where the subject property is part of a historic district, there shall be mailed notice not less than ten (10) days prior to the date of such hearing to persons owning other properties within the historic district.

(d)

Economic hardship. In cases where the applicant intends to seek approval on the basis of economic hardship, the following materials shall be submitted as part of the application:

(1)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other method.

(2)

The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased.

(3)

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any for the previous two (2) years.

(4)

Estimated market value of the property both in its current condition, and after completion of the proposed demolition, relocation, or removal, to be presented through an appraisal by a qualified professional expert.

(5)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for rehabilitation.

(6)

An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility or reuse of the existing structure on the property.

(7)

The assessed value of the land and improvements thereon according to the two (2) most recent assessments.

(8)

Real estate taxes for the previous two (2) years.

(9)

Annual debt service, if any, for the previous two (2) years.

(10)

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property.

(11)

All listing of the property for sale or rent, price asked and offers received, if any; and

a.

Any consideration by the owner as to profitable adaptive uses for the property.

b.

For income-producing property:

i.

Annual gross income from the property for the previous two (2) years.

ii.

Itemized operating and maintenance expenses from the previous two (2) years.

iii.

Annual cash flow, if any, for the previous two (2) years.

iv.

Current estate taxes.

(e)

Review of applications involving minor alterations. Applications for certificates of appropriateness involving only minor alterations shall be reviewed by the minor alterations subcommittee of the commission, subject to the following provisions:

(1)

The minor alterations subcommittee shall complete its review and mail notice to the applicant of its decision to approve or conditionally approve the application or to forward the application to the planning commission for a decision. The notice of decision shall state the findings and reasons relied upon in reaching the decision.

(2)

Decisions of the minor alterations subcommittee to approve or conditionally approve an application must be by an affirmative vote of all members of the subcommittee present. If there are any dissenting votes, the application shall automatically be forwarded to the planning commission for a decision unless the application is withdrawn by written request of the applicant.

(3)

Where the decision of the subcommittee is to conditionally approve the application, the decision of the subcommittee shall be final and conclusive unless, within ten (10) days of the date of notice of the decision, the applicant files with the planning department a written appeal setting forth all the points of disagreement with the subcommittee.

(4)

Where the application has been forwarded or appealed to the planning commission, the application shall be heard by the commission at its next available regular, special, or additional meeting. Decisions of the commission shall be in writing and shall state the findings and reasons relied upon in reaching the decision.

(f)

Review of other applications. Applications for certificates of appropriateness other than for minor alterations shall be reviewed by the planning commission, subject to the following provisions:

(1)

Decisions of the commission shall be in writing and shall state the findings and reasons relied upon in reaching the decision.

(2)

For applications for all work, the commission shall decide to approve, approve with conditions, or deny a certificate of appropriateness.

(3)

For applications seeking approval on the basis of a finding of economic hardship, the commission shall first review the application on the basis of criteria contained in sections 17-143(a) through (d) and/or 10-4.404(d) (1). If the applicable conditions are determined to not exist, then the application shall be reviewed on the basis of the criteria contained in sections 17-143(e) and/or 17-144(d)(2).

(Ord. No. 2173, § 1(Exh. A), 3-4-08)