183.11 REGULATION OF CHANGES IN THE ENVIRONMENT OR EXTERIOR OF BUILDINGS.

   No person owning, renting or occupying property which has been designated a landmark or which is situated in a designated Landmark District shall make any change in the environment of such property or the exterior architectural feature of any building on such property without the consent of the Landmark Commission. The following procedures shall apply to all alterations, demolitions, removals or constructions of such properties in the City.

   (a)    Any application to the Building Inspector for a building permit for any change in the environment or the exterior of a building shall be forwarded to the Landmark Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. An application may be filed by the applicant directly with the Landmark Commission at the same time that an application for a building permit is filed or in lieu of filing for a building permit if no building permit is required for the proposed change.

   (b)    If the Landmark Commission finds that the change in the environment or the exterior architectural features of a building proposed by the applicant:

      (1)    Will not adversely affect any significant historical or esthetic feature of the property and is appropriate and consistent with the Secretary of the Interior's standards for rehabilitation and the Advisory Council on historic preservation's treatment of archaeological properties, along with additional published guidelines created and adopted in agreement with this Commission the spirit and purposes of this chapter; or

      (2)    Will remedy conditions imminently dangerous to life, health or property as determined in writing by the Building Inspector or the Division of Fire or the Department of Public Health, then the Commission shall grant permission.

   (c)    Members of the Commission may inspect construction sites up to the time of an acceptable form of Substantial Completion Form has been submitted by the contractor to the owner. During this period any variance from the approved construction shall be reported to the Building Inspector, who, if directed, has the power to stop construction and/or levy fines until the variance is corrected.

   (d)    If the Landmark Commission finds that the change in the environment or the exterior of a building proposed by the applicant will adversely affect any significant historical or esthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this chapter, the Commission shall disapprove the application and so advise the applicant in writing and the Building Inspector in writing within sixty days after receiving the application.

   (e)    If it disapproves the application, the Landmark Commission shall have the power to impose and enforce a waiting period of six months from the date of its notice of disapproval, during which period the Commission shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:

      (1)    With respect to an application involving an alteration, the Commission and the applicant shall work together during such period to find a mutually agreeable method of completing the proposed change. Should an agreement not be reached, at the end of 183 days (six months), the applicant will have the right to appeal his request before Council. The Council after hearing the request and Commission's denial of request, may:

         A.    Grant the request;

         B.    Refer the matter back to the Commission for an additional 183 days (six months), or

         C.    Deny the request.

      (2)    With respect to an application involving a demolition, removal or construction, the Landmark Commission may in its discretion extend the original waiting period of six months to one year. During such period and any extension thereof granted by Council, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving the landmark. The Commission shall also investigate the feasibility of all available ways and means of preserving the landmark, including without limitation, inducing by contract or other consideration, the creation of covenants restricting the use of the property, leasing and subleasing the property for the purposes of preservation and acquiring by eminent domain or contract or conveyance, all or part of, or interest in the property. If the Commission and the applicant do not agree on a means of preserving the landmark within the waiting period or any extensions thereof granted by Council, the Commission, upon the expiration of such period or extension thereof, shall grant permission with respect to the proposed change.

      (3)    Upon granting permission, the Commission shall give written notices to the applicant and the Building Inspector.

      (4)    If no action has been taken by the Commission on the application within sixty days after such application has been received by the Commission, the application shall be deemed granted.

      (5)    Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules and regulations of the City.

      (6)    The Landmark Commission, acting in its advisory role to the Planning Commission and the Architectural Board of Review, can and is encouraged to, petition in writing that fines be levied for violations encountered by it as specified in Section 101.99.

         (Ord. 1987-22. Passed 4-27-87.)