Fayette Hearing and Determination by the Historic Preservation Commission ordinance (§ 415.450)

A. The FHPC may review the application for a building or demolition permit or for a certificate of appropriateness and issue or deny the permit within forty-five (45) days of receipt of the application.

B. The FHPC shall conduct a hearing prior to making its decision. At the hearing, the applicant will be entitled to be present and present evidence. The applicant may, but is not required, to be represented by an attorney. The applicant may call witnesses.

C. The FHPC shall discuss and vote on the application in an open session. The application will considered approved if a majority of the members present vote in favor of the approval. In making its decision, the FHPC shall rely on the design guidelines for the particular zone. The FHPC may not consider factors not related to design or appearance.

D. Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant and the City Administrator within seven (7) days following the determination and shall be accompanied by a certificate of appropriateness in the case of an approval.

E. If the FHPC fails to act on the application within forty-five (45) days the application shall be considered approved.

F. The FHPC shall review an application for a demolition permit in any designated Historic District and issue or deny the permit within forty-five (45) days of receipt of the application.

1. If the FHPC denies approval to demolish a building, such building may not be demolished for a period of ninety (90) days following the FHPC ruling.

2. A building may be demolished without a permit from the FHPC if it has been determined by the Building Inspector to qualify under Section 415.510 of this Code.