[R.O. 2007 §15½-21; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A.
Before
any person may take any of the following actions relative to a landmark
or building, structure or feature of the land located within a historic
district, such person must apply to the Historical Preservation Commission
and receive a certificate of appropriateness:
1.
Demolition;
2.
Removal;
3.
Material change in the exterior appearance by additions, reconstruction,
alterations or maintenance involving exterior color change;
4.
New construction of a principal building or accessory building within
a historic district or on the property of a landmark;
5.
Signs for a landmark or for a building in a district.
[R.O. 2007 §15½-22; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A.
The
City staff shall provide comments on the application to the Historical
Preservation Commission for review within thirty (30) days of receipt
of the application.
B.
The
Historical Preservation Commission shall review the affected area
to determine the potential for the presence of historic, architectural
or archaeological sites and resources.
C.
The
Historical Preservation Commission shall approve, modify or disapprove
the application, in whole or in part, or suspend action on it for
a period not to exceed sixty (60) days for the purpose of obtaining
additional information or documentation.
[R.O. 2007 §15½-23; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The Secretary of the Interior's "Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings" shall be the
Commission's general guide concerning landmarks and older buildings
in historic districts.
[R.O. 2007 §15½-24; Ord. No.
6043 §2(Exh. A), 2-17-1998]
In passing upon the appropriateness of architectural features
in new buildings, the Historical Preservation Commission shall consider
the extent to which the buildings or structures would be harmonious
with or incongruous to the historic aspects of the surroundings. It
is not the intent of this consideration to discourage contemporary
architectural expression or to encourage the emulation of existing
buildings or structures of historic or architectural interest in specific
detail. Harmony or incompatibility should be evaluated in terms of
the appropriateness of materials, scale, size, height, placement and
use of a new building or structure in relationship to existing buildings
and structures and to the setting thereof.
[R.O. 2007 §15½-25; Ord. No.
6043 §2(Exh. A), 2-17-1998]
An applicant requesting permit approval must submit proposed
plans to the Zoning Administrator in sufficient detail for the Zoning
Administrator and Historical Preservation Commission to have full
knowledge of the requested alteration, particularly as to how the
proposed action will affect the appearance, materials and architectural
design of the landmark or the buildings and structure of land within
a historic district.
[R.O. 2007 §15½-26; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The Historical Preservation Commission shall review permit applications
at its regular meetings. Each applicant for application approval shall
be notified prior to the Historical Preservation Commission meeting
at which the application will be reviewed.
[R.O. 2007 §15½-27; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A written report of recommendation on the permit by the Historical
Preservation Commission shall be forwarded to the applicant and Zoning
Administrator not later than forty-five (45) days after receipt of
the application by the Historical Preservation Commission. The report
must state reasons why a certain recommendation has been made.
[R.O. 2007 §15½-28; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The decision of the Historical Preservation Commission to deny
or limit the terms of an application may be appealed to the City Council
or its designated agency. The Historical Preservation Commission shall
then act upon any change or modification by this body to the decision
of the Historical Preservation Commission.
[R.O. 2007 §15½-29; Ord. No.
6043 §2(Exh. A), 2-17-1998]
All work performed pursuant to the issuance of a permit shall
conform to the requirements of such permit. It shall be the duty of
the Zoning Administrator to inspect from time to time any work performed
pursuant to such permit to assure such compliance. In the event work
is performed not in accordance with such permit, the Zoning Administrator
or his/her designated representative shall issue a stop work order
and all work shall cease. No person, firm or corporation shall undertake
any work on such project as long as such stop work order shall continue
in effect.
[R.O. 2007 §15½-30; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A.
In
the case of the proposed demolition of an existing landmark or building
in a historic district, the Commission shall review such application
and consider the following factors:
1.
The City's interest in protecting the public's health, safety and
general welfare;
2.
The detrimental impact upon the historic, architectural, cultural
or economic character of the district or community in general;
3.
The structural feasibility of rehabilitation, considering both the
technological feasibility and the economic feasibility;
4.
The cost of rehabilitation and the remaining economic use of the
property if rehabilitated and the economic impact and hardship upon
the owner;
5.
A determination of the potential for occurrence of archaeological
sites and resources.
[R.O. 2007 §15½-31; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Applications for sign permits in or immediately adjacent to
a landmark or historic district are reviewed under the existing procedures
of the sign ordinance administered by the Zoning Administrator. The
Historical Preservation Commission may make recommendations to the
Zoning Administrator concerning the conformance of a sign with the
character of a landmark or historic district.
[R.O. 2007 §15½-32; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Applications for conditional use permits for a landmark or buildings
in a historic district shall be referred to the Historical Preservation
Commission by the Zoning Administrator for presentation to the Planning
and Zoning Commission for its consideration in reviewing the application.
[R.O. 2007 §15½-33; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The Historical Preservation Commission shall review development
plans involving a landmark or historic district and forward recommendations
to the Planning and Zoning Commission. Development plans adopted by
the City Council concerning a landmark or historic district shall
comply with the ordinances establishing individual landmarks or historic
districts.
[R.O. 2007 §15½-34; Ord. No.
6043 §2(Exh. A), 2-17-1998]
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior element of any building or structure. "Ordinary maintenance" shall be defined as work, for which
a building permit is not required by law, where the purpose and effect
of such work is to correct any deterioration or decay of or damage
to a structure and to restore the same to its condition prior to the
occurrence of such deterioration, decay or damage.
[R.O. 2007 §15½-35; Ord. No.
6043 §2(Exh. A), 2-17-1998]
This Chapter shall not be construed to prevent the construction,
reconstruction, alteration or demolition of any such elements which
the authorized municipal officers shall certify as required for public
safety.
[R.O. 2007 §15½-36; Ord. No.
6043 §2(Exh. A), 2-17-1998]
The City Council shall establish a schedule of fees, charges
and expenses for processing applications and other matters pertaining
to this Chapter. The schedule of fees shall be posted in the office
of the Zoning Administrator and may be altered or amended only by
the Council. No designation approval shall be issued unless or until
such costs, charges, fees or expenses prescribed in this Chapter have
been paid in full, nor shall any action be taken or proceedings before
the Council unless or until fees have been paid in full.
[R.O. 2007 §15½-37; Ord. No.
6043 §2(Exh. A), 2-17-1998]
A.
In
case any building or structure is erected, constructed, reconstructed,
moved or altered, converted or maintained or any building, structure
or land is used in violation of the provisions of this Chapter, the
Zoning Administrator, on behalf of the City, in addition to other
remedies may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, moving, demolition,
alteration, conversion, maintenance or use, to restrain, correct or
abate such violation and to prevent occupancy of said buildings, structure
or land or to prevent any unlawful act, conduct, business or use in
or about such premises. Such regulations shall be enforced by the
Zoning Administrator or an officer of the City authorized to issue
building permits, who is empowered to cause any building, structure,
place or premises to be inspected and examined and to order in writing
the remedying of any condition found to exist therein or thereat in
violation of any provisions of the regulations made under authority
of this Chapter.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said Chapter has been committed, threatened or
shall exist or the lessee or tenant of an entire building or premises
where such violation has been committed, threatened or shall exist
or the owner, general agent, lessee or tenant of any part of the building
or premises in which such violation has been committed or shall exist
or the general agent, architect, builder, contractor or any other
person who commits, threatens or takes part or assists in such violation
or who maintains any building or premises in which any such violations
shall exist shall be punished in accordance with City zoning ordinances.
C.
It
shall be unlawful for any such person, who has been served with an
order to correct any such violation, to fail to comply with said order
within ten (10) days after such service or to continue to violate
any provision of this Chapter or regulations made under authority
of this Chapter.
