[CC 1985 § 25-471; Ord. No. 762 § 2, 10-7-2002]
Applications for zoning amendments,
special use permits, or variances for a landmark or structures within
a historic district shall be referred to the SJHPC by the Planning
Department at least fifteen (15) days prior to the date of the public
hearing set by the Planning and Zoning Commission or the Board of
Adjustment. The SJHPC may review these applications using any format
which it deems appropriate; provided, however, that the applicant
shall be notified of the time and place of such review and shall be
given the opportunity to appear and be heard. Within fifteen (15)
days after receipt of said application, the SJHPC shall forward its
comments to the Planning Department for presentation to the Planning
and Zoning Commission for their consideration in reviewing the application.
[CC 1985 § 25-472; Ord. No. 762 § 2, 10-7-2002]
If the SJHPC denies an application
for a certificate of appropriateness, the SJHPC shall work with the
applicant to arrive at a mutually satisfactory alternative to the
proposed activities. If agreement cannot be reached within six (6)
months, the applicant may file with the City Clerk a written appeal
to the Board of Adjustment. In acting upon the appeal, the Board may
grant a variance from the strict interpretation of this Chapter when
such will not materially affect the health or safety of the applicant
and general public.
[CC 1985 § 25-473; Ord. No. 762 § 2, 10-7-2002]
None of the provisions of this Chapter
shall be construed to prevent any measures of construction, alteration,
or demolition necessary to correct or abate the unsafe or dangerous
condition of any structure, other feature or part thereof, where such
condition has been declared unsafe or dangerous by the Building Inspector,
and where the proposed measures have been declared necessary by such
department or departments to correct the said condition; provided,
however, that only such work as is reasonably necessary to correct
the unsafe or dangerous condition may be performed pursuant to this
Section. In the event any structure or other feature shall be damaged
by fire or other calamity, or by act of God or by the public enemy
to such an extent that in the opinion of the aforesaid department
or departments it cannot reasonably be repaired and restored, it may
be removed in conformity with normal permit procedures and applicable
laws.
