137.09 REGULATION OF BUILDING OR ENVIRONMENTAL CHANGE OR REHABILITATION.

   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 or rehabilitation in such property without consent of the Landmark Commission with respect to such building or environmental change or rehabilitation. The following procedures shall apply to all alterations, demolitions, removals or constructions of such property in the City:

   (a)   Any application to the Building Department for a building permit for an environmental or building change or rehabilitation shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven (7) days after receipt thereof. An 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 or rehabilitation.

   (b)   If the Commission finds that the building or environmental change or rehabilitation 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 and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as found in Title 36 of the Code of Federal Regulations, Part 1208 (formerly 36 CFR Part 67); or

      (2)   Shall remedy conditions imminently dangerous to life, health or property, as determined in writing by the Director of Building and Housing, or the Fire Chief, then the Commission shall grant permission.

   (c)   If the Commission finds that the building or environmental change or rehabilitation 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 disapprove the application and so advise the applicant and the Building Department in writing within sixty (60) days after receiving the application.

   (d)   If it disapproves the application, the Commission shall have the power to impose and enforce a waiting period of six (6) months from the date of its notice of disapproval, during which period 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 or rehabilitation.

      (2)   With respect to an application involving a demolition, removal, or construction, the Commission may in its discretion extend the original waiting period of six (6) months to one (1) year. During such period and any extension thereof 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 the property, leasing and subleasing the property for the purposes 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 within the waiting period or any extensions thereof, the Commission upon the expiration of such period or extension thereof shall grant permission with respect to the proposed environmental or building change or rehabilitation.

   (e)   Upon granting permission, the Commission shall give written notices to the applicant and the Building Department.

   (f)   If no action has been taken by the Commission on an application within sixty (60) days after such application has been received by the Commission, application shall be deemed granted.

   (g)   Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules and regulations of the City.
(Ord. 17-91. Enacted 11-13-17.)