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 environmental or building change in such property without notification to the Planning and Design Commission with respect to such building or environmental change. The following procedure shall apply to all alterations, demolitions, removals or constructions of such property in the City:
(Ord. 80-62. Passed 11-3-80.)
(a) Any application to the Division of Building for a building permit for an environmental or building change shall be forwarded to the Commission together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. Any application may be filed by the applicant directly with the 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 building or environmental change. (Ord. 95-75. Passed 10-16-95.)
(b) If the Commission finds that the building or environmental change proposed by the applicant:
(1) Shall not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or
(2) Shall remedy conditions imminently dangerous to life, health or property, as determined in writing by the Building Commissioner and the Fire Chief; then the Commission shall render its opinion consistent with other applicable ordinances of the Planning and Zoning Code of the City.
(Ord. 80-62. Passed 11-3-80.)
(c) If the Commission finds that the building or environmental change proposed by the applicant shall adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this chapter, the Commission shall advise the applicant and the Division of Building in writing within sixty days after receiving the application.
(Ord. 95-75. Passed 10-16-95.)
(d) If the Commission notifies the applicant in accordance with subsection (c) hereof, 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 building or environmental change. (Ord. 80-62. Passed 11-3-80.)
(2) With respect to an application involving a demolition, removal or construction, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such 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 property, leasing and subleasing the property for the purpose of preservation and acquiring by eminent domain or contract or conveyance all or any part of or interest in the property. If the Commission and the applicant do not agree on a means of preserving the landmark, the Commission shall render its opinion consistent with other applicable ordinances of the Planning and Zoning Code with respect to the proposed environmental or building change and give written notice of same to the applicant and the Division of Building.
(Ord. 95-75. Passed 10-16-95.)
(e) The time period and any extensions thereof for negotiations in accordance with subsection (d) hereof shall be established by and between the Commission and the applicant.
(f) If no action has been taken by the Commission on an application within sixty days after such application has been received by the Commission, the application shall be deemed granted.
(g) The intent of this section is that the Commission shall attempt to assist in providing information for architectural changes that are in keeping with the intent of this chapter.
(h) Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules, and regulations of the City.
(Ord. 80-62. Passed 11-3-80.)