Important notice: This publication has moved to General Code's eCode360 platform and this site is no longer being updated. View the current version on eCode360.

2.56.130 Certificate of alteration.

    (a)   No building permit shall be issued for and no person shall carry out or cause to be carried out on a designated historic resource any material change through alteration, construction, relocation, or demolition without a certificate of alteration as approved by a majority of the commission.

    (b)  Any person who plans the demolition, construction, alteration, relocation or removal of an historic resource or part thereof shall first submit an application for a certificate of alteration, along with a fee in an amount as set forth in the master fee schedule as adopted by resolution of the city council. Copies of the plans for the proposed work shall accompany the application. An application shall be made on the prescribed form and shall be filed with the chief planner.

    (c)   Upon receipt of an application for a certificate of alteration, the matter shall be forwarded to the design review board for report and recommendation. The commission subsequently shall hold a public hearing. Notice of the time and place of the public hearing shall be given in the manner prescribed in Section 2.56.120.

    (d)  In evaluating an application for a certificate of alteration the commission shall consider, among other things, the purpose of this chapter and the historic value, architectural value and significance of the historic resource, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The commission shall take into consideration the design review board’s report and recommendations, architectural features of the building or structure in question, the landscaping or natural features of the site in question, and the position of such buildings, structures or sites in relation to the street or public way and to other buildings, structures, or sites. The United States Secretary of the Interior’s Guidelines for Rehabilitation, available in the office of the chief planner, shall provide base criteria for evaluating proposed alterations to an historic resource.

    (e)   The commission may approve, conditionally approve or disapprove the application.

    (f)   No approval or conditional approval may be made unless the commission first finds that:

    (1)  The action proposed is consistent with the purposes of this chapter; and

    (2)  The action proposed will not be detrimental to a structure or feature having significance as an historic resource; or

    (3)  The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property; or

    (4)  The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship because of conditions peculiar to the particular site or improvement.

    (g)   A final determination shall be rendered by the commission following completion of the hearing and discussion by the commission. Written findings may be adopted within thirty days.

    (h)  Action of the commission shall be deemed final, unless appealed. No certificate of alteration shall be issued until the time period for appeal has expired.

    (i)   The provisions of this section shall not apply to the following:

    (1)  Where an historic resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demolition of such structure, natural feature or site is being undertaken with prior approval of the chief building official.

    (2)  Where, as determined by the chief building inspector, hazardous conditions exist and the hazardous conditions must be corrected immediately in the interest of the public health, safety and welfare.

    (j)   Any certificate of alteration which has been issued under the provisions of this chapter shall expire two years from the date of issuance if a building permit for the work authorized is not obtained within the time period. (Ord. 1440 § 2, 2011)