(A) No exterior, interior, landscape or archaeological element of a designated landmark which is specified as significant in its designation shall be altered, removed or demolished without a permit issued pursuant to this subchapter.
(B) No major exterior alteration, relocation or demolition of a historic resource of statewide significance shall be allowed without a permit issued pursuant to this subchapter.
(C) Prior to submitting an application for a permit pursuant to this section, proponents are encouraged to request a pre-application conference to review concepts and proposals. The Planning Commission may form ad-hoc committees for this purpose. Commission members participating in pre-application conferences shall disclose their ex-parte contact at the time of a public hearing on the proposal.
(D) The Planning Commission shall establish standards for a complete application. Upon acceptance of a complete application the Planning Commission shall schedule a public hearing pursuant to applicable state laws.
(E) In cases requiring a public hearing, the Commission shall review and act upon applications for the alteration, relocation or demolition of a designated landmark, or the major exterior alteration, relocation or demolition of a historic resource of statewide significance. The burden of proof lies with the applicant. Applications may be approved, approved with conditions or denied. The city shall include any conditions imposed by the Commission in permits issued pursuant to this section.
(F) In order to approve an application for the alteration of a designated landmark or the major alteration of a historic resource of statewide significance, the Commission must find that the proposal meets the following standards.
(1) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
(2) The historic character of a property shall be retained and preserved. The relocation of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property shall be avoided.
(3) A property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.
(4) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
(5) Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
(7) Chemical and physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
(8) Archeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion and massing to protect the integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(G) In order to approve an application for the relocation or demolition of a designated landmark or historic resource of statewide significance, the Commission must find that:
(1) No prudent and feasible alternative exists;
(2) The designated property is deteriorated beyond repair; or
(3) The value to the community of the proposed use of the property outweighs the value of retaining the designated landmark or historic resource of statewide significance.
(H) At the hearing of an application to relocate or demolish a designated landmark or historic resource of statewide significance, the Commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 120 days from the date of the hearing. If, ten days prior to the expiration of the delay period the Commission finds that there are still reasonable alternatives to explore, it may apply to the City Council for permission to continue the delay for an additional period of up to 120 days.
(I) In approving an application for the demolition of a designated landmark or historic resource of statewide significance, the Commission may impose the following conditions:
(1) Photographic, video or drawn recordation of the property to be demolished;
(2) Salvage and curation of significant elements; and/or
(3) Other reasonable mitigation measures.
(J) No provision of this subchapter shall be construed to prevent the ordinary repair or maintenance of a designated landmark or historic resource of statewide significance when such action does not involve a change in design, materials or appearance.
(K) No provision in this subchapter shall be construed to prevent the alteration, demolition or relocation of a designated landmark or historic resource of statewide significance when the Building Official certifies that such action is required for the public safety.
(Ord. 393, passed 1-14-2008)