(A) Type of activity. The Commission shall review and approve or disapprove of construction and demolition activities, including all street and utility activities, within any heritage preservation landmark or district. In addition, the Commission shall review and approve or disapprove any of the following activities in a heritage preservation landmark or district in the city:
(1) Remodel, repair or alteration (including rehabilitation or restoration) to a property which in any manner will change the exterior appearance;
(2) New construction, including parking facilities;
(3) Relocating a building;
(4) Change the nature or appearance of a designated heritage preservation landmark or district, including landscape features; and
(5) Demolition.
(B) Application process. Every application for any type of activity, as described in division (A) above, in relation to a property designated as a heritage preservation landmark or district in the city shall be accompanied by detailed plans for the proposed work to be done. A copy of the design review application and plans submitted therewith shall be immediately referred to the Commission by the Historic Officer appointed by the City Council. Building permits shall not be issued in regard to an application until written approval is received from the Commission, subject, however, to divisions (C), (E) and (F) below.
(C) Commission review.
(1) The Commission, upon receipt of the application for design review, shall determine if the work to be performed would adversely affect the heritage preservation landmark or district based on the adopted heritage preservation guidelines per § 159.05(F) of this chapter. Upon determination of project approval or denial, the Commission shall notify the applicant in writing. The Commission may, by rule, delegate to a subcommittee of the Commission its power to review and approve permit applications. If the subcommittee determines that the work to be performed pursuant to the permit application complies with the adopted heritage preservation guidelines, the application shall be approved and the Historic Officer shall be notified in writing.
(2) If the application is not approved, the full Commission shall conduct a public hearing for the purpose of determining whether the work to be performed adversely impacts the heritage preservation landmark or district. Notice of the public hearing shall have been published in the official newspaper of the city and sent to the permit applicant at least ten days prior to the date of the hearing. The Commission shall review the application and such plans as were submitted therewith and, after receiving comments from concerned citizens, shall render its decision thereon as a written order to the Historic Officer and the Building Inspector. The Historic Officer shall not issue any required permits until after the ten-day appeal period, as provided for in division (H) below. In the case of a denial, the Commission shall furnish the applicant with a copy of the Commission’s written order and decision, together with a copy of any recommendations for changes necessary to be made before the Commission will reconsider the applicant’s permit application.
(D) Findings. All decisions of the Commission with respect to this section shall be based on explicit findings which are in accordance with the adopted heritage preservation guidelines for each individual heritage preservation landmark or district and the Secretary of the Interior’s standards for historic preservation projects.
(E) Appeal to City Council. The Commission, in any written order denying an application, shall advise the applicant of his or her right to appeal to the City Council, and shall include this paragraph in all such orders. The applicant or any party aggrieved by the decision of the Commission shall, within ten days of the date of the Commission’s written order and decision, have a right to appeal the order and decision to the City Council. The appeal shall be addressed to the City Council and submitted to the Historic Officer. Two copies of a notice of appeal and statement of reasons setting forth the grounds for the appeal shall be submitted by the appealing party. The Historic Officer shall transmit one copy of the notice of appeal and statement to the City Council and one copy to the Heritage Preservation Commission. The City Council may modify or over rule the Commission’s decision, but only if the project is found to be consistent with the U.S. Secretary of Interior’s standards for historic preservation projects.
(F) Limitations. If, within 60 days of receipt of the application by the Commission, it has neither approved, nor denied, the building permit application, the plans and permit application shall be deemed to have been approved by the Commission; and, if all other requirements of the city have been met, the Historic Officer shall authorize a permit for the proposed work. No permit shall be issued and no work shall be commenced in the event the Commission disapproves the application in accordance with this chapter.
(G) Emergency repair. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Historic Officer may without Commission action, approve the repair of only those items needed to ensure safety. The repairs shall be limited to those necessary to correct the safety emergency. In the case of a permit issued pursuant to this section, the Historic Officer shall require that the repairs be made in conformance with the U.S. Secretary of Interior’s standards for historic preservation projects and adopted heritage preservation guidelines for the landmark or district to the extent possible; and a copy of the permit issued shall be given to the Building Inspector. In addition, the Historic Officer shall immediately notify the Heritage Preservation Commission of the action and specify the facts or conditions constituting the emergency situation.
(H) Building Code enforcement. One purpose of this section is to encourage the sensitive rehabilitation, restoration, stabilization and/or preservation of historic buildings throughout the city. These rehabilitation and preservation efforts should provide for the upgrading and maintenance of the safety features of the building or structure to provide a practical level of safety to the public and surrounding properties. While ensuring this increased level of public safety, the enforcement authorities are encouraged to be open to acceptable alternative solutions and alternative compliance concepts, where practical, that will permit the continued use of existing buildings and structures without creating overly restrictive financial burdens on owners or occupants. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure required by city ordinance.
(Prior Code, § 315.09) (Ord. passed 4-19-2005)