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)
(A) 
The Cultural Heritage Board may refer the completed application to the design review Board prior to its consideration by the Cultural Heritage Board, and all comment and recommendations received from the design review Board shall be specifically considered by the Cultural Heritage Board. The Cultural Heritage Board shall hold a hearing on the application not more than 30 days from the date of the Staff's environmental determination on the proposed project as described in the application or the certification of an environmental impact report if one is required. If the application involves substantial changes in the exterior, or the removal or demolition of a landmark or any structure, building or significant feature situated within a preservation district, the Board shall hold a public hearing on the application. Notice of the public hearing shall be given in accordance with the provisions of Section 17-22.036. Notice of a nonpublic hearing shall be given to the applicant by first class mail sent not less than 10 days before the hearing. If warranted by the circumstances present, a hearing may be continued by the Board to a time and date certain.
(B) 
Application to Restore, Alter or Change. When the application is for permission to restore, rehabilitate, alter, develop, construct, or change the exterior appearance of any landmark, or any structure, building or significant feature within a preservation district, the Cultural Heritage Board, based upon the evidence presented, may, by resolution, approve, conditionally approve, or deny the application. The Cultural Heritage Board shall render its decision within 15 days following the close of the hearing. A copy of the resolution shall be sent to the applicant by first class mail.
(C) 
Application to Demolish or Remove. When the application is for permission to demolish or remove any landmark, or any structure, building or significant feature within a preservation district, the Cultural Heritage Board, based upon the evidence presented, may, by resolution, approve, conditionally approve, or object to the proposed demolition or removal. The Cultural Heritage Board shall render its decision within 15 days following the close of the public hearing. A copy of the resolution shall be sent to the applicant by first class mail.
(D) 
Objection. In the event the Board objects to the proposed demolition or removal, it shall, within five days after its decision, file its objection with the City Clerk and with the Department of Community Development. Upon the filing of an objection, the Cultural Heritage Board shall take such steps within the scope of its powers and authority as it determines are necessary for the preservation of the landmark or the structure, building or significant feature within a preservation district. At the end of 30 days from the date of the filing of the objection, the Cultural Heritage Board shall report its progress to the City Council and may request an extension of time to accomplish the preservation of the landmark or structure, building or significant feature within the preservation district. The Council may, upon review of the Board's report, by resolution, withdraw and cancel the objection to the proposed demolition or removal and approve, conditionally approve or deny the application, or it may grant an extension or extensions to the objection, each extension not to exceed 30 days and all such extensions not to exceed a total of 90 days. When the Council determines that the granting of an extension is unlikely to assist in, or lead to, the preservation of the landmark or the structure, building or significant feature situated within the preservation district, it shall deny the request for an extension and approve, conditionally approve or deny the application for demolition or removal. A final decision to approve, conditionally approve, or deny the application shall be made within one year from the date the application was accepted as complete.
(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)