§ 3119.35. Italian Village—Issuance of certificate.

(A)

At the public hearing the commission shall issue a concept approval pending the submission of final construction drawings to be approved by the commission.

(B)

At the public hearing the commission shall issue a certificate of appropriateness to the applicant if one of the following conditions applies:

(1)

The alteration, construction, site improvement, or demolition is appropriate as defined by the architectural standards in C.C. 3116.11, 3116.12, 3116.13 or 3116.14, respectively, the pertinent typical architectural characteristics and such guidelines as the commission shall have adopted; or

(2)

Although inappropriate such proposal due to unusual and compelling circumstances as defined in C.C. 3116.01 and by C.C. 3116.16 criteria affects only the subject structure and not the listed property or district generally and such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this chapter or of the chapter pertinent to the subject property; or

(3)

Failure to issue such certificate will result in a substantial economic hardship for the applicant as defined in C.C. 3116.01 and by C.C. 3116.15 criteria and such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this chapter or of the chapter pertinent to the subject property; or

(4)

The commission conducts a meeting at which a quorum is present, and the commission fails to approve or deny the application for certificate of appropriateness, unless the applicant requests a continuance; or

(5)

Following the filing of a complete application, pursuant to C.C. 3116.06 and C.C. 3116.07, the commission fails to muster a quorum for two (2) successive scheduled meetings of any kind, or for forty-five (45) calendar days following the filing of the completed application, whichever period is shorter.

(C)

Approval of a certificate of appropriateness requires an affirmative vote by a majority of the members physically present and voting at a commission meeting. An affirmative vote by any fewer than a majority of the members physically present and voting at a commission meeting shall constitute a denial.

(D)

If the proposed alteration will not affect any architectural feature of the structure or listed property, the commission may, without public hearing, review the application and issue a certificate of appropriateness subject to reasonable terms and conditions.

(Ord. 2229-04 § 6 (part).)