No person or entity shall restore, rehabilitate, alter, develop,
construct, demolish, remove or change the exterior appearance of any
designated landmark or any structure, building or significant feature
within a preservation district without having first applied for and
been granted a permit to do so by the Cultural Heritage Board of the
City, or, on appeal, by the City Council, as provided in this article.
(Ord. 2668 § 1, 1988)
The permit application shall be made on a form and in the manner
specified by the Cultural Heritage Board or the Director of the Department
of Community Development. The application shall be filed with the
Department of Community Development and be accompanied by such fee
as may be required by resolution of the City Council.
(Ord. 2668 § 1, 1988)
The Cultural Heritage Board shall consider the following matters,
standards, guidelines and criteria to the extent applicable, in determining
whether to grant or deny a permit:
(A) Whether the proposed change is consistent or incompatible with the
architectural period of the building.
(B) Whether the proposed change is compatible with any adjacent or nearby
landmark structures or preservation district structures;
(C) Whether the colors, textures, materials, fenestration, decorative
features and details proposed are consistent with the period and/or
are compatible with adjacent structures;
(D) Whether the proposed change destroys or adversely affects an important
architectural feature or features;
(E) The Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings (1983 Revision);
and
(F) Such other matters, criteria and standards as may be adopted by resolution
of the Cultural Heritage Board.
(Ord. 2668 § 1, 1988)
No City permit shall be issued for any purpose regulated by
this article for any landmark, or any structure, building or significant
feature within a preservation district, unless and until the proposed
work or development has been approved or conditionally approved by
the Cultural Heritage Board or, on appeal, by the City Council. A
City permit shall be issued only in conformity with such approval
or conditional approval.
(Ord. 2668 § 1, 1988)
Any person aggrieved or affected by a decision of the Cultural Heritage Board to approve, conditionally approve, or deny an application filed under the provisions of this article or by a failure of the Board to act within the time as required by this article, may appeal the matter to the City Council. The appeal shall be in writing and shall be filed with the City Clerk within 15 days after the date on which the Board makes its decision or within 15 days after the date on which the Board was required to have acted. The appeal shall state the name, address and telephone number of the person filing the appeal, shall identify the decision of the Board or the application if no decision was made, shall set forth each ground and each fact upon which the appeal is based and what action the person filing the appeal wishes the Council to take, and shall be signed by the person filing the appeal. The City Clerk shall schedule a public hearing on the appeal in accordance with Section
17-22.048, and give notice thereof in the manner and time set forth in subsection A of Section
17-22.096. Within 30 days of the close of the hearing, the City Council shall, by resolution, affirm, reverse or modify the determination of the Board or, if applicable, render a decision in the matter.
(Ord. 2668 § 1, 1988)
When the Cultural Heritage Board has adopted a plan for the preservation of a landmark or the structures, buildings and significant features within a preservation district which sets forth particular development standards, an application to the Cultural Heritage Board to accomplish repairs, rehabilitation or remodeling, which is in accordance and conformity with the adopted plan's development standards, may be approved, or conditionally approved, without a hearing, by a City Staff person designated by the Director of Community Development. If the designated Staff person does not approve or conditionally approve the application, it shall be processed as otherwise set forth in this article. A Staff-approved or conditionally approved application may be appealed by any interested party to the Cultural Heritage Board within seven days after the date of its approval by the filing of a written appeal with the Department of Community Development. The written appeal shall contain the information required by Section
17-22.100. The written appeal shall be heard by the Board within 30 days of its filing. Whether a public hearing shall be held and what manner of notice shall be given shall be determined in accordance with the provisions of subsection A of Section
17-22.096, provided, that if the person filing the appeal is other than the applicant, the person appealing shall be given the same notice as the applicant.
(Ord. 2668 § 1, 1988)