No owner, tenant, or occupant (hereafter, for purposes of this section 143.10, "owner") of any property designated as a Landmark or located within an Historic District shall undertake any building change, exterior alteration, new construction, or demolition to any part of the Landmark property or property within an Historic District without the consent of the Landmark Commission. Nothing herein contained shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any property which has been designated a Landmark or which is located in a Historic District that does not involved a change in design, material, color, or exterior appearance, nor prohibit immediate repairs necessary to remedy a condition dangerous to life, health or property.
(a) Application for Certificate of Appropriateness.
(1) When the owner of a Landmark property or property within a designated Historic District wishes to undertake any building change, exterior alteration, new construction, or demolition, then the owner shall, in addition to applying for a building/demolition permit, apply to the Landmark Commission for a "Certificate of Appropriateness." Within seven (7) days following receipt of a demolition permit application or a building permit application that affects the exterior architectural features or appearance of a designated Landmark or property within a designated Historic District, the Building Department shall forward the application, plans, elevations, and other documentation to the Landmark Commission. The Building Department shall not issue the building or demolition permit for a Landmark or property within an Historic District until the Certificate of Appropriateness has been issued by the Landmark Commission.
(2) Application for review of exterior construction, alteration, demolition, or removal not requiring a building permit, but for which a Certificate of Appropriateness is required, shall be made on a form prepared by the Secretary of the Landmark Commission. This application will state in detail the change which the owner wishes to make to such property, together with appropriate drawings, plans, elevations, and other information necessary to explain and evaluate the proposed change.
(b) Public Hearing by the Landmark Commission. The Landmark Commission shall hold a public hearing to review any proposed building change, exterior alteration, new construction, or demolition to any part of the Landmark property or property within a Historic District within sixty (60) days from the date the application is accepted as complete by the Secretary to the Landmark Commission. Notice shall be provided in accordance with Section 143.06(b). When an application for a building or environmental change requires review by both the Landmark Commission and the Architectural Board of Review, the boards shall make every effort to meet jointly.
(c) Action by the Landmark Commission. Utilizing the design guidelines set forth in Section 143.14 of this ordinance, the Landmark Commission may approve the request for change submitted by the owner, modify the change requested by the owner, or reject the proposed change, all in accordance with its original criteria for designation of the particular Landmark or Historic District. The Landmark Commission shall then determine whether to issue a Certificate of Appropriateness. The applicant shall be given a written notice of the determination and, if approved, be issued a Certificate of Appropriateness. If the Landmark Commission does not act on the request within ninety (90) days of application, the request will be deemed approved. The Landmark Commission decision shall be final.
(d) Notice of Landmark Commission decision. Within ten (10) days after the action by the Landmark Commission, the Secretary of the Landmark Commission shall communicate notice of the action in writing to the owner(s) of such property, other interested parties requesting information, and the City Building Department.
(e) Time limit for demolition disapproval. If an application for demolition of a Landmark or property within a Historic District is rejected, the Commission and City staff shall negotiate with the applicant to find a means of preserving the property. If after a four-month period of meaningful and continuing discussions, no alternative is found, the parties may, by mutual consent, agree to an extension to continue negotiations. If, at the end of the four-month period or agreed upon extension, no alternative is found, the Building Department shall issue a permit for demolition without a Certificate of Appropriateness. Nothing herein shall prevent the City from ordering and/or approving the immediate demolition of such a property if, in the judgment of the Chief Building Official, it may cause a danger to the public health, safety, and/or welfare.
(f) Approval of Minor Changes. The Landmark Commission may delegate to its staff the authority to issue Certificates of Appropriateness for specified minor changes. The Landmark Commission shall provide to staff written guidelines for issuing Certificates of Appropriateness under this subsection.
(Ord. 11-2019. Passed 3-4-19.)