(a) When owners of listed property protected under this chapter apply for a construction permit issued by the City, the application for the permit shall be forwarded to the Board. Until such time as the Board acts upon the request, no determination on the Permit will be forwarded. With forty-five (45) days, the Board shall consider the application accompanied by plans and specifications, and determine whether any exterior architectural feature is involved and whether a Construction Permit shall be issued or denied based on the criteria outlined in the Secretary of the Interior's Standards for Rehabilitation as amended in Section 1345.04, Powers and Duties of the Board, of this chapter, and to any additional guidelines adopted by the Board. If the Board determines no architectural feature is involved, it shall approve the request by a majority vote of its members, and authorize the Code Enforcement Officer to issue a construction Permit, subject to all other Ordinances of the City Commission.
(b) In the event the Board finds an architectural feature is involved, the Board shall determine whether the proposed construction is appropriate or whether it has an adverse effect upon the purpose of this chapter. In making such a determination, the Board shall refer to the Secretary of the Interior's Standards of Rehabilitation, and to any additional guidelines adopted by the Board. When the Board considers a National Register nomination and other actions (e.g., an archaeological site), which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the Board, the Board may seek expertise in this area before rendering its decision. The Code Enforcement Officer shall approve the cost of said professional.
(c) The Code Enforcement Officer may request the applicant to submit names and addresses of adjoining or adjacent property owners within a 200' radius of the proposed construction for notification concerning the applicant's intentions and provide information prior to any hearing.
(d) If the proposed construction is determined to have no adverse effect upon the Historic Preservation District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Board shall send written notification to the Code Enforcement Officer and sign the permit.
(e) If the Board determines the proposed construction will have an adverse effect upon the Historic Preservation District or listed property, and violates the spirit and purpose of the conservation regulations, then the Board may deny approval.
(f) In the event the Board determines within the forty-five (45) day review period that a Construction Permit shall not be issued, it shall state in its records reasons for such determination and may include recommendations regarding the proposed construction.
(g) Upon denying a construction Permit, the Board shall impose a maximum waiting period of sixty (60) days, during which time the owner of the property may negotiate with the Board in order to develop a compromise proposal acceptable to both parties. If both parties accept a compromise proposal, the Board may hence grant approval.
(h) In case of denial of an approval for demolition:
(1) The Board and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Board and applicant shall investigate the feasibility of all means of preserving the listed property. If the Board and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure and such good faith meeting shall be held within sixty (60) days after the initial meeting.
(2) If the applicant fails to meet with the Board in good faith, in the time specified, then the Board's denial of the application will stand.
(3) If the Board determines failure of approval will create substantial hardship to the applicant and such permit may be issued with substantial derogation from the purposes of this chapter, then the Board shall notify the Code Enforcement Officer to issue the permit.
(4) If, after holding such good faith meetings, no compromise proposal is developed, then the applicant may appeal the decision in accordance with Section 1345.08.
(i) Dangerous Structures.
(1) In the event that the City Manger finds that a structure is an imminent danger to individuals or other property, such finding shall be immediately presented by the City Engineer, Code Enforcement Officer, or the City Manager, to the Board by giving a written notice to the president, vice- president, secretary or any other two members. If, in addition, the structure represents an immediate danger that cannot be safely constrained or isolated, the City Manger may take steps to demolish said structure or portions thereof. Consent of (3) City Commissioners or the Board is required before demolition begins.
(2) Upon application, if the structure is dangerous but not in immense danger of collapse, the Board shall be notified by the City Manager, and the Board shall meet within 48 hours and make an immediate decision as to granting or denying a permit for demolition.
A. In the event a permit is denied, an immediate appeal may be made to the City Commission. The Commission shall meet at the earliest period of time allowed by law and a majority vote shall overturn the denial of a permit by the Board.
B. In the event that the Historical Review Board fails to meet within 48 hours and make an immediate decision, the applicant or City Manager may make an immediate appeal to the City Commission. The City Commission shall meet at the earliest period of time allowed by law and shall vote to allow or deny such permit by majority vote
(Ord. 2001-36. Passed 7-3-01.)