§ 65.473. Scope of Certificate of Appropriateness Approval.

Subsequent Permits and Orders. If a major certificate of appropriateness is necessary for a proposed development or improvement, the major certificate of appropriateness must be approved by the City Council before the applicant receives final site plan approval, building permit approval, or other land development order or permit approval that would authorize development in furtherance of the major certificate of appropriateness. If a minor certificate of appropriateness is necessary for a proposed development or improvement, the minor certificate of appropriateness must be approved by the historic preservation officer before the applicant receives final site plan approval, building permit approval, or other land development order or permit approval that would authorize development in furtherance of the minor certificate of appropriateness.

Expiration of the Certificate of Appropriateness. The applicant must receive a building permit for the work requiring the certificate of appropriateness within one year of the certificate of appropriateness approval. If the applicant does not receive the building permit within the year, then the certificate of appropriateness is no longer valid and the applicant must reapply for a certificate of appropriateness if the applicant wishes to proceed with the development or improvement requiring a certificate of appropriateness. If the building permit for the work requiring the certificate of appropriateness expires before a certificate of occupancy or certificate of completion is issued for the work requiring the certificate of appropriateness, the certificate of appropriateness is no longer valid and the applicant must reapply for a certificate of appropriateness if the applicant wishes to proceed with the development or improvement requiring a certificate of appropriateness. This part applies to minor and major certificates of appropriateness.

Administrative Extension of the Certificate of Appropriateness. The planning official may extend a major certificate of appropriateness by up to six months, and the historic preservation officer may extend a minor certificate of appropriateness by up to six months. The holder of the certificate of appropriateness must request such an extension by application for a planning official or historic preservation official determination at least 30 days, but not more than 90 days, before the expiration of the certificate. To extend the certificate, the planning official or historic preservation officer must consider and then make written affirmative findings of the following standards:

(1)

Whether the proposal remains consistent with applicable provisions of the City's adopted Growth Management Plan, including a consideration of any change to the future land use map designation for adjacent properties since the original approval of the certificate of appropriateness.

(2)

Whether the proposal remains consistent with applicable provisions of the City's adopted Land Development Code, including a consideration of any change to the zoning map designation for adjacent properties since the original approval of the certificate of appropriateness.

(3)

Whether the proposal remains compatible with existing development on adjacent properties, including a consideration of any new development on adjacent properties since the original approval of the certificate of appropriateness.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 6-20-1994, Doc. #27635; Ord. of 10-5-2009, § 4, Doc. #0910051104)