Sec. 30.05. - Alterations or relocation affecting a

(a)

Conformity Required. Construction or alteration work for requiring a city permit is prohibited on a landmark or in a historic district unless approval by the heritage preservation commission has been granted as provided in this section.

(b)

Permit Required. No person shall do any work listed below without first obtaining permit approval from the HPC:

1.

Exterior alteration to a landmark.

2.

Interior alterations that would affect the exterior of a landmark.

3.

Construction of any type on a landmark or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the landmark or district or any structure on the site or in the district.

(c)

The planning department shall maintain a current record of landmarks and historic districts. Applications for permits to do work on a landmark or historic district shall be submitted to the planning department for processing. Applications shall include plans and specifications showing the proposed exterior appearance, color and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the heritage preservation commission, applications shall also show the relationship of the proposed work to the environs. If the application does not provide sufficient information for review by the heritage preservation commission, the planning department shall request the omitted information from the applicant, and the applicant shall supply it.

(d)

Decision, Time Limitation. The heritage preservation commission shall ascertain whether the proposed work conforms to this article and with the provisions of the original designating ordinance. The heritage preservation commission shall approve, approve with conditions, disapprove or suspend the application within sixty days after the filing of a complete application with the planning department.

(e)

Suspended Action. To obtain sufficient time for steps necessary to preserve the structure concerned, the heritage preservation commission may suspend action on an application to permit construction or

alteration, for a period not to exceed one hundred eighty days. The city council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty days, if the resolution is adopted not more than ninety days and not less than thirty days prior to the expiration of the original one hundred eighty day period. During the suspension period, the heritage preservation commission may consult with civic groups, public agencies, and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.

(f)

Review Criteria and Findings for Proposed Alteration. The issuance of a building permit for a proposed alteration to a landmark or to a property within a historic district shall be approved only if the following findings can be made:

1.

On a landmark, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly-owned landmark, its major interior architectural features) nor adversely affect the character or historical, architectural or aesthetic interest or value of the landmark.

2.

In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. In any event, applications shall not be granted for work which violates standards included in the designating ordinance.

3.

The effects of the proposed work on the landmark is consistent with the applicable standards for preservation, standards for rehabilitation, standards for restoration, and standards for reconstruction as included in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

4.

The proposed action is consistent with the goals and policies of the city's general plan.

(g)

Showing of Hardship in Cases of Proposed Alterations, or Constructions. If the applicant presents facts clearly demonstrating to the satisfaction of the heritage preservation commission that failure to approve the application will create immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the heritage preservation commission may approve such application even though it does not meet the standards set forth in either this article. The decision of the HPC is

appealable to the city council. Applications for permits to complete repairs, resulting from damage by fire, flood, calamity or other acts of God, shall be exempt from any review by the HPC.