(A) Demolition and Construction Permit review. The Planning and Zoning Director shall report demolition and construction permits sought on properties within the purview of the Commission to the Commission Chair within seventy-two (72) hours of receipt by the City of any demolition or construction permit application. The Historic Preservation Commission shall, within ten (10) business days of receipt of said notice, review and make recommendations for the demolition or alternation of structures within a designated historic preservation district or on the Local Historic Landmarks Register. If a recommendation is not made within said ten (10) business days, the demolition permit shall be issued, unless the Planning and Zoning Director has other substantive objections arising under this section. Regardless of any recommendation of the Historic Preservation Commission, the Planning and Zoning Director shall make the final decision on any permit based upon the Planning and Zoning Director’s best judgment concerning whether issuance or denial of said permit is in the best interests of the City. In the case of a demolition permit, the Planning and Zoning Director shall consider whether demolition of the structure is in the public interest, whether safety issues exist, whether the property is a nuisance, and whether funds exist to cause necessary repairs to bring the structure to Code. The Planning and Zoning Director shall issue a written order to the applicant, with a copy to the Historic Preservation Commission on all final decisions made.
(B) Public safety. Nothing in this chapter shall prevent the demolition of any structure which the city’s Building Official shall certify is required for public safety because of an unsafe or dangerous condition.
(C) Violations. The demolition of any structure within a designated historic preservation district, or on the Local Historic Landmarks Register without first making application to the Planning and Zoning Director, so that review by the Historic Preservation Commission may take place and may be prosecuted as a municipal infraction.
(1) Proposed alterations. The Historic Preservation Commission shall review and make recommendations concerning proposed alterations to any historic property owned or controlled by the city.
(2) Exterior alterations. The Historic Preservation Commission shall review and make recommendations concerning proposed exterior alterations to any historic property listed on the local landmarks registry or with a locally designated historic district.
(3) Design review. In determining whether or not a project will adversely affect a historic property, the decisions of the Historic Preservation Commission shall be in accordance with the approved policies of the city’s Comprehensive Historic Preservation Plan. The Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation shall be the authoritative guide for design review decisions.
(4) Appeal. Any party aggrieved by a decision by the Planning and Zoning Director may, within ten days of the final decision of the Planning and Zoning Director, appeal such decision to the Construction Board of Appeals. The Planning and Zoning Director shall advise the applicant of his or her right of appeal at the time the Director makes the final decision concerning any design review recommendation, demolition recommendation, or other recommendation of the Commission. Any party aggrieved by the final decision of the Planning and Zoning Director shall file with the Planning and Zoning Director a written notice of appeal requesting Construction Board of Appeals review of the action taken by the Planning and Zoning Director within seven (7) days of the final decision. Failure to timely appeal said decision shall be waiver any further appeal. Upon receipt of any timely notice of appeal, the Planning and Zoning Director shall transmit one copy to the Chairperson of the Construction Board of Appeals and one copy to the Chairperson of the Historic Preservation Commission. Hearing on the appeal before the Construction Board of Appeals shall take place within thirty (30) days of filed appeal, and the ruling of the Construction Board of Appeals shall be issued within ten (10) business days of the hearing. The written ruling shall be the final decision of the City on the appeal.
(5) Preliminary plats, rezoning. The Historic Preservation Commission shall review all applications for preliminary plats and rezonings within historic districts and of historic properties, and shall forward its findings and recommendations to the Planning and Zoning Commission, to be considered by the Planning and Zoning Commission in making its recommendation to the City Council.
(6) Urban revitalization tax exemptions. The Historic Preservation Commission shall review and make recommendations to the City Council on all plans for creating urban revitalization tax exemption districts in the city.
(7) Time limitation. The Historic Preservation Commission shall make all recommendations called for in this section, within ten (10) days of receipt of notice of an application from the Planning and Zoning Director.
(Ord. D-047, passed 11-21-2017; Ord. D-114, passed 5-21-2024)