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62-09 Amend Chapter 1134 - Historic Preservation Dist. & Properties
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62-09 Amend Chapter 1134 - Historic Preservation Dist. & Properties
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Last modified
5/14/2013 3:18:30 PM
Creation date
12/29/2009 9:46:50 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
12/22/2009
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(f) Notice of Denial to Applicant: In the event that the Architectural <br />Board of Review denies an application for a Certificate of <br />Appropriateness, the Secretary of the Architectural Board of Review <br />shall forthwith notify the applicant of such determination in writing and <br />transmit to him/her a copy of the reasons for denial and <br />recommendations, if any, of the Architectural Board of Review. <br />(g) Effect of Denial: Upon denying an application for a Certificate of <br />Appropriateness, the Architectural Board of Review shall impose a <br />waiting period to not exceed thirty (30) days from the date of <br />disapproval during which the applicant may develop a compromise <br />proposal. With respect to an application involving a demolition, the <br />Architectural Board of Review may, at its discretion, extend the <br />aforementioned waiting period a maximum of one (1) yeaz from the <br />date of disapproval. If both parties accept a compromise proposal, the <br />Architectural Board of Review may henceforth approve a fmal <br />Certificate of Appropriateness, unless Unique Historic Guidelines have <br />been adopted by the Commission and pertain, in which case any <br />compromise must also be approved by the Commission. <br />(h) Negotiations During Waiting Period for Demolition: In the case of a <br />denial of an application for a Certificate of Appropriateness for <br />demolition: <br />(1) The Architectural Board of Review, along with the Director, <br />Commissioner, members of the Heritage Advisory Board, and <br />other officials of the City as needed, may participate in <br />negotiations with the owner or owners and any other interested <br />party in an effort to find a means of preserving the property. <br />If the aforementioned do not agee on a means of preserving <br />the property at the initial meeting then they may continue to <br />undertake meaningful and continuing discussion with the <br />purpose of finding a method of preserving the property. <br />(2) If the applicant fails to meet with the aforementioned in good <br />faith, in the time specified, then the Architectural Boazd of <br />Review's denial of the application will stand. <br />(3) If, after holding such good-faith meetings in the waiting <br />period as specified above, the Director determines in writing <br />that failure to approve an application for a Certificate of <br />Appropriateness will create a substantial hardship to the <br />applicant and that such certificate may be approved without <br />substantial detriment to the public welfare and without <br />substantial derogation from the purposes of this Chapter, then <br />the Architectural Board of Review shall approve a Certificate <br />of Appropriateness for such proposed demolition. <br />(i) Negotiations During Waiting Period for Alteration: In the case of <br />denial of an application for a Certificate of Appropriateness for <br />constructiori, reconstruction or alteration. <br />(1) The Architectural Board of Review, along with the Director, <br />Commissioner, members of the Heritage Advisory Board, and <br />other officials of the City as needed, may participate in <br />negotiations with the owner or owners and any other interested <br />23 <br />
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