Article 13-20

PERMITS

Sections:

(d) Plans showing the exterior elevations, materials and grading of the proposed work.

(e) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished.

(f) Such other information or documents as may be requested by the Heritage Preservation Commission.

(g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 § 3(A), 2002)

The Heritage Preservation Commission shall complete its review and issue a recommendation to the Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Community Development Director shall forward a copy thereof to the applicant. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

Applications for permits shall be submitted to the Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit.

(b) A clear statement of the proposed work.

(c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work.

If the Heritage Preservation Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Community Development Director shall notify the applicant that the requested permit will not be granted. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

(Saratoga Supp. No. 52, 3-23)

228.1

13-20.060

(a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of thePlanningCommissionawrittennoticethereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission.

the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect and shall specify the facts and reasons relied upon in making such finding.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

(b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

The Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that:

(a) The proposed work is consistent with the purposes and objectives of this Chapter.

(b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district.

(c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

Notwithstanding Section 13-20.070, the Community Development Director, on the recommendation of

228.2

(Saratoga Supp. No. 52, 3-23)

13-25.040