(A) The Commission shall meet upon the call of the Mayor or a majority of the Commission. The Commission shall hold regular and special meetings as it deems necessary.
(B) It is not the intent of this subchapter to limit new construction to any one period of architectural style, but to preserve the integrity of historic structures and to ensure the compatibility of any new work constructed in the vicinity.
(C) (1) Upon application for a building (alteration, construction or demolition) permit, the Commission shall determine whether the proposed work would be appropriate for and consistent with the effectuation of the purposes of this subchapter. In making this determination, the Commission shall consider:
(a) The effect of the proposed work in creating, changing, destroying or affecting in any manner the external architectural features of the improvement upon which the work is to be done;
(b) The relationship between the results in the work and the external architectural features of other improvements on the site or in the historic district;
(c) The effect of the proposed work upon the distinctive character or special historic, aesthetic, architectural, archaeological or cultural interest or value of the landmark, landmark site or historic district; and
(d) The effect of the work upon the preservation, protection, perpetuation and use of the landmark, landmark site or historic district.
(2) Nothing contained in this subchapter shall be construed as authorizing the Commission to regulate or limit, as such, the height and bulk of buildings, the area of yards, courts and other open spaces, the density of population, the location of trades and industries, the location of buildings designed for specific uses or to create districts for those purposes; provided, however, that the Commission may in performing its powers, duties or functions under this subchapter apply regulations which are more restrictive than those pursuant to other provisions of applicable law.
(D) (1) Within 45 days after the filing of an application for a permit, the Commission shall either:
(a) Give its consent;
(b) Approve a permit with modification;
(c) Disapprove the permit; or
(d) Serve notice on the applicant of the need for a public hearing.
(2) The applicant may request a public hearing, which shall be granted by the Commission.
(E) (1) Within 30 days after service of notice of a public hearing, the Commission shall conduct a public hearing upon the permit and serve notice, by certified mail return receipt requested, to the applicant of its decision within 15 days after the hearing.
(2) This decision may be:
(a) A consent;
(b) An approval of permit with modification;
(c) Disapproval; or
(d) Call for additional public hearing with the consent of the applicant.
(3) An applicant may request suspension or withdrawal of the application at any time.
(F) If the Commission refuses to give consent to a proposed alteration, construction or demolition change to a landmark or landmark site anywhere in the city or to a non-landmark or non-landmark site within a designated historic district, the applicant shall have the right to appeal the decision of the Commission to the City Commission. This appeal shall be perfected by notifying the City Clerk in writing within 30 days of any denial of an application by the Commission, with a statement of the reasons the applicant feels that the Commission erred. The decision of the City Commission shall be final unless appealed to the County Circuit Court within 30 days from the date of the decision in the same manner as an appeal of a zoning decision.
(G) If the Commission refuses to give consent to a proposed change to a landmark or landmark site, the Commission shall have the power to impose and enforce a waiting period of three months from the date of its notice of denial or from the date of its first public hearing whichever is earlier, during which period negotiations shall be conducted between the Commission and the applicant or his or her delegated representative. During the negotiations, the Commission may take into consideration ideas expressed by other concerned parties in an effort to find a means of preserving the property as follows:
(1) The Commission shall also investigate the feasibility of all available ways and means of preserving the historic landmark or landmark site, 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 interest in the property; and
(2) The Commission shall request other government agencies to aid in its investigations, and the other agencies shall prepare reports to the Commission.
(H) The Commission may at its discretion extend the original waiting period for alteration, construction or demolition relating to landmark or landmark sites, or to landmark or non-landmark sites within a designated historic district, of six months by up to an additional three months. During this period and any extension thereof, the Commission and the applicant shall undergo meaningful and continuous discussions for the purpose of finding a method of saving the improvement. If the Commission refuses to give consent to a proposed alteration, construction or demolition to a landmark or landmark site within a designated historical district, the applicant shall have the right to appeal the decision of the Commission to the City Commission. The appeal shall be perfected by notifying the City Clerk in writing within 30 days of any denial of an application by the Commission, with a statement of the reasons the applicant feels that the Commission erred. The decision of the City Commission shall be final unless appealed to the County Circuit Court within 30 days from the date of the decision in the same manner as an appeal of a zoning decision.
(Ord. 21, Series 1984, passed 1-3-1985; Ord. 94-06, passed 9-1-1994)