§ 35-453. Permits Affecting Properties Identified as Eligible Resources or Recommended by the Historic Design and Review Commission for Historic Designation.

(a)

Applicability.

(1)

When an application is made on a building, object, site or structure that has been determined by the historic preservation officer to be an eligible resource for historic designation in accordance with this section, and when written notice informing the property owner of such a determination has been provided, then the provisions of this division shall apply to the property until the lesser of one hundred eighty (180) days of the notification or action by city council on the recommendation for designation.

(2)

When an application is made on a building, object, site or structure recommended by the commission for designation as a historic landmark or of a building, object, site, structure or unimproved land located within an area recommended by the commission for designation as a historic district, then the provisions of this division shall apply to the property until action by city council on the recommendation for designation.

(b)

Initiation. The applicant may apply to the commission for review of a proposed project prior to final city council action on the designation request.

(c)

Completeness Review. The historic preservation officer shall review the application in accordance with section 35-402 of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the historic and design review commission.

(d)

Decision. The commission shall review the application using criteria set forth in this section and shall follow all regulations and procedures used to review historic landmarks and properties in historic districts. Certificates may be issued following commission approval. Should the commission deny the applicant's request, the applicant may appeal to city council following procedures in this subdivision.

(e)

Approval Criteria. The city council may authorize issuance of a certificate on a resource recommended by the commission for designation if, by formal resolution, it deems the certificate necessary for public health, welfare, or safety.

(f)

Subsequent Applications. (Not applicable.)

(g)

Amendments. (Not applicable.)

(h)

Scope of Approval. Should the city council fail to designate the recommended building, object, site, structure or cluster as a historic landmark or the recommended area as a historic district, the director of planning and development services shall issue permits requested providing all City Code requirements are met.

(i)

Recording Procedures. See subsection 35-451(i) of this chapter.

(Ord. No. 98697 § 1, 4 and 6) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2017-10-05-0756 , § 1(Att. A), 10-5-17)