Legal Documents of Dandridge

Anyone desiring to take action requiring a certificate of appropriateness concerning a resource for which a permit, variance, or other authorization from the town building inspector is also required, shall make application therefore in the form and manner required by the applicable code section or ordinance. Any such application shall also be considered an application for a certificate or appropriateness and shall include such additional information as may be required by the commission. After receipt of any such application, the town building inspector shall be assured that the application is proper and complete. No building permit shall be issued by the town building inspector which affects a resource without a certificate of appropriateness. In the event that a building permit need not be obtained for construction, alteration, demolition, or relocation of any resource, a certificate of appropriateness is still required before such work can be undertaken. Such application shall be reviewed in accordance with the following procedure:

1. When any such application is filed, the town building inspector shall immediately notify the commission chairman, vice-chairman, or staff of the application having been filed.
2. The chairman or vice-chairman shall set the agenda for the regular meeting date or set a time and date, which shall be not later than thirty (30) days after the filing of the application for a hearing by the commission, and the town building inspector shall be so informed.
3. The applicant shall have the right to submit a preliminary plan to the commission for the purpose of making any changes or adjustments which might be more consistent with the commission's standards.
4. Not later than eight (8) days before the date set for the said hearing, the town official shall mail notice thereof to the applicant at the address in the application and to all members of the commission.
5. Notice of the time and place of said hearing shall be given by publication in a newspaper having general circulation in the town at least eight (8) days before such hearing and by posting such notice.
6. At such hearing, the applicant for a certificate of appropriateness shall have the right to present any relevant evidence in support of the application. Likewise, the governing body shall have the right to present any additional relevant evidence in support of the application.
7. The commission shall have the right to conditional approval.
8. Either at the meeting or within thirty-one (31) days after the hearing on an application, the commission shall act upon it, either approving, denying, or deferring action until the next meeting of the commission, giving consideration to the factors set forth in § 14-408 hereof. Evidence of approval of the application shall be by certificate of appropriateness issued by the commission and, whatever its decision, notice in writing shall be given to the applicant and the town building inspector.
9. The issuance of a certificate of appropriateness shall not relieve an applicant for a building permit, special use permit, variance, or other authorization from compliance with any other requirement or provision of the laws of the town concerning zoning, construction, repair, or demolition. (1995 Code, § 14-408, modified)