§ 65.514. Review Procedures for Applications for Major Certificates of Appearance Approval.

Applications for major certificates of appearance approval are subject to review by the ARB. Upon receipt of a complete application, the Appearance Review Official shall schedule the application for consideration by the ARB according to the meeting and submission deadline schedule issued by the Executive Secretary.

Public notice. For at least 7 consecutive days before the ARB meeting, the applicant must post a "Public Notice" placard in a prominent and publically visible location on the premises subject to the application. The placard must be provided by the Appearance Review Official and must contain a general description of the proposed work and the date, time, and location of the ARB meeting.

Staff report. At least 7 days before the ARB meeting, the Appearance Review Official shall issue a report for each application for appearance approval. Upon issuance, a copy of the report must be provided to the applicant and members of the ARB. The report must, at a minimum, assess whether the proposed work conforms to the standards of review in section 65.519 of this Code and must provide the ARB with a recommendation of whether the application should be approved as submitted, approved with conditions, or denied. If the report recommends approval with conditions, the report must describe those conditions with particularity, and if the report recommends denial, the report must describe with particularity the reasons for denial.

Consideration by the ARB. The ARB shall review each application presented to it by considering all of the relevant material included within the application, the written staff report, oral testimony and evidence provided by staff and the applicant, and any testimony and evidence provided by affected parties. Upon this record, the ARB shall make a recommendation of either approval, approval with conditions, or denial to Council. If the ARB recommends approval with conditions, it must describe those conditions with particularity, and if the ARB recommends denial, it must describe with particularity the reasons for denial. Unless a request for quasi-judicial hearing is filed pursuant to Article XXXII, Chapter 2, of this Code, each recommendation of the ARB must be forwarded to the next available Council meeting for final action. If the application is approved by Council, the Appearance Review Official must issue the certificate of appearance approval within 5 days of Council action.

Requests for quasi-judicial hearing. Requests for quasi-judicial hearing on applications considered by the ARB may be filed pursuant to Article XXXII, Chapter 2, of this Code.

(Ord. No. 2011-29, § 2, 8-29-2011, Doc. #1108291104)