§ 27-149. Certificate of appropriateness—Prerequisite to building permit, etc.

(a)

No building or demolition permit, whether to erect, construct, enlarge, alter, repair, move, improve, remove, excavate, convert or demolish any building, structure or utility shall be issued in accordance with this Code, with respect to any real property designated as a historic landmark or located within a historic district, except in accordance with the terms and provisions of a certificate of appropriateness as approved by the landmarks commission. However, a building permit may be issued with respect to such real property for the accomplishment of any work thereon which will neither change the exterior architectural features of a structure nor the character or appearance of the land, and which is considered necessary as a part of normal maintenance and repair. The permit shall be issued only with the joint concurrence of the building official and the director of planning.

(b)

Except as otherwise provided, no land surface within any real property designated as a historic landmark or as part of a historic district shall be changed, and no improvements thereon shall be erected, removed, restored, demolished or altered, nor shall any addition be made thereto, in such a manner or of such a character as to change the exterior appearance or exterior architectural features thereof which shall be visible from any public street, park or other public place, without prior approval of the landmarks commission, evidenced by a certificate of appropriateness reciting in detail precisely what changes are approved. Such changes in appearance shall include the erection of business, professional and other signs on the historic landmark or within the historic district, and no certificate of appropriateness shall permit the erection of any such sign unless the size, texture, style and materials thereof are compatible with the general characteristics of the neighborhood.

(c)

Any person desiring to obtain a building or demolition permit to remove, demolish or in any way change the exterior appearance or the exterior architectural features of improvements on a real property designated as a historic landmark or located within a historic district, or desiring to change the land surface of such real property, shall submit to the landmarks commission a specific statement of the work proposed, together with such details as the commission may require. Upon receipt of any application for a building or demolition permit, the building inspector shall immediately forward the application to the landmarks commission. The commission shall schedule a public hearing on the request at the next regularly scheduled meeting of the commission, and notify the applicant of such hearing. Public notice shall be required as in section 27-144.

(d)

No building or demolition permit shall be issued for such a property without the prior approval of the landmarks commission, evidenced by the certificate of appropriateness. The landmarks commission shall grant the certificate of appropriateness if it shall find:

(1)

The changes proposed are not visible from any public street, alley, park or other public place;

(2)

Such changes are not detrimental to the historic, cultural or architectural character of the district, site, building, structure or object, or of other improvements thereon; or

(3)

That such changes are in accord with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

If the landmarks commission shall not find the criteria of subsection (d)(1), (d)(2) or (d)(3) of this section met, then it must deny the application for a certificate of appropriateness.

(e)

A majority vote of the quorum present of the landmarks commission is necessary to either approve or deny an application for a certificate of appropriateness.

(f)

In the event of a denial of a certificate of appropriateness, no building permit or demolition permit may be issued for a period of 18 months from the hearing date of original application; provided, however, the landmarks commission, upon petition by the applicant, may grant a rehearing of the application when significant physical or economic hardship can be shown, or when changes of circumstance that substantially affect the health, safety or general welfare have taken place, or when the reapplication is significantly different from the original request. The applicant shall submit a statement detailing those changes that the applicant deems significant and upon which the applicant relies for refiling the original application.

(g)

In the event the application is denied at the rehearing or a rehearing is denied, the applicant may appeal to the unified government board of commissioners within 30 days from the decision of the landmarks commission.

(h)

Within the 18-month period of postponement, the landmarks commission shall consult with civic groups, public agencies and interested citizens to ascertain what action may be taken to preserve the real property designated as a historic landmark or located within a historic district and shall make recommendations to that effect to the unified government board of commissioners.

(Code 1964, § 2-26(7)(A); Code 1988, § 27-116; Ord. No. 49004, § 2, 9-1-1970; Ord. No. 63524, § 1, 11-12-1981; Ord. No. 64598, § 1, 2-2-1984)