A. Scope: The inspections services division shall forward all applications for permits which apply to designated historic resources or potential historic resources which have been formally nominated, pending designation proceedings, to the commission. Applications forwarded shall include, but not be limited to:
1. All rehabilitation, restoration or reconstruction of or addition to the exterior of any improvement which constitutes all or part of an historic site, structure, building or district;
2. A demolition or relocation of any improvement which constitutes all or part of an historic site, structure, building or district;
3. New construction or erection of or addition to any improvement upon any land included within an historic district;
4. Any signs placed on an historic site, structure, building or within a district; also fences and walls;
5. Encroachments over the public right of way.
B. Request; Issuance: An applicant seeking a certificate of historic appropriateness, in order to obtain a permit from the building services division, shall file a request for such with the community and economic development staff on a form furnished by the commission. A certificate of historic appropriateness shall be issued by the commission for applications which comply with the provisions of this title, within thirty (30) days after the filing of the application.
C. Commission; Action: The commission shall approve the application, in whole or in part, if found to be in compliance with the provisions of this title and may impose conditions on the approval, if necessary to bring the application into compliance. If the application is determined to be in noncompliance with the provisions of this title, the application shall be denied.
D. Notification: The commission shall forward notification of its final decision to the building services division.
E. Appeal: If the commission has imposed conditions on its approval of an application, denied an application or suspended issuance of a certificate of historic appropriateness under this section, the applicant may appeal that decision to the mayor. The appeal must be filed with the building services division within thirty (30) days after the decision of the commission. The appeal shall immediately be transmitted to the mayor. At the mayor's hearing on the appeal, all interested parties may be heard. The mayor may reject the appeal and affirm the decision of the commission, may modify the decision or may grant the appeal and issue a certificate of historic appropriateness. If the appeal is rejected by the mayor, a further appeal may be made to the district court; provided, that such appeal is made within thirty (30) days after the final decision of the mayor.
F. Unless there is substantial action leading toward completion of the work described in the certificate for historic appropriateness by obtaining a building permit for such approved work within a period of eighteen (18) months following the date of application for a certificate of historic appropriateness, such approval shall expire rendering the certificate of historic appropriateness null and void.
G. Subcommittee; Emergency: Under the emergency situations, a subcommittee is hereby authorized upon twenty four (24) hour notice to make special review of requests for certificates of historic appropriateness and approval of the same. Emergency decisions must be ratified by a majority of the voting quorum at the next regular meeting of the landmarks commission. The technical committee shall be authorized to make such emergency reviews. The decision as to whether emergency conditions exist shall rest with the commission chair.
(1979 Code § 11.04.010; Ord. 80-7, 2-21-1980; amd. Ord. 85-4, 2-7-1985; Ord. 92-9, 1-9-1992; Ord. 2001-32, 6-5-2001, eff. 6-30-2001; Ord. 2022-20, 5-3-2022)