§ 70-82. Procedures for issuance.

Applications for certificates of appropriateness shall be filed with the planning division on forms provided for such purpose. The planning director shall request review and a written report from the zoning division and other pertinent public works departments on behalf of the commission. No building permit or variance shall be granted which affects a resource in a historic district, a landmark or landmark site when a certificate of appropriateness is required pursuant to this chapter until a certificate of appropriateness is obtained. Applicants are encouraged to request a conference with the planning division and other appropriate city divisions prior to filing applications for certificates of appropriateness to determine any modifications to the proposed application which might be more consistent with the commission's standards, and current city ordinances and standards. Applications for certificates of appropriateness shall be reviewed in accordance with the following procedure:

(1)

Within 35 days after an application for a certificate of appropriateness has been filed, the commission shall hold a public hearing thereon.

(2)

Notice of the time and place of the hearing shall be given by publication in a newspaper having general circulation in the city at least 15 days before such hearing, and by posting such notice on the bulletin board in the lobby of the city hall.

(3)

At such hearing, the applicant and other interested parties shall have the right to present any evidence regarding the application for the certificate of appropriateness. The commission shall have the right to present any additional evidence in support of the application.

(4)

A court reporter or recording secretary shall transcribe the public hearing.

(5)

The commission may continue the public hearing until its next regular meeting or may defer action after closing the public hearing until its next regular meeting. Final action by the commission shall not be deferred longer than 30 days after the date on which the public hearing on the certificate of appropriateness was initially held.

(6)

The commission shall approve the certificate of appropriateness, as requested, or approve it with changes which may be necessary to enable the applicant to meet the requirements of the commission, or it may deny the application. Written notice of the commission's action pertaining to the requested certificate of appropriateness shall be provided to the applicant and any parties of record, and to the zoning division, public works department and other pertinent departments. The decision shall be final unless appealed as provided for in subsection (7) of this section.

(7)

Any person aggrieved by any action of the commission pertinent to an application for a certificate of appropriateness who is a party of record may appeal such action to the city council pursuant to the procedure provided in this section.

(8)

Upon approval by the commission or the city council, the planning division shall issue a certificate of appropriateness. The issuance of such certificate shall not relieve the applicant of the requirement for obtaining a building permit, and/or approval of a rezoning, variance or other zoning applications which are required for the construction, repair, or demolition contemplated by the applicant for the certificate of appropriateness.

(9)

A certificate of appropriateness shall expire after six months if work has not begun, as evidenced by a building permit.

(Code 1971, § 15½-14; Ord. No. 2004-20(18), 5-25-04)