(a)

Pursuant to the Delaware Source Water Protection Law of 2001, 7 Del. C. §§ 6081-6084, and consistent with the city's ongoing efforts to improve surface water quality, the city, with the assistance of the Delaware Department of Natural Resources and Environmental Control (DNREC) delineated a Source Water Protection Area (SWPA) within the city limits for the Brandywine Creek, the city's source of drinking water, and created a SWPA Map which was adopted as part of the city's comprehensive plan. Parcels within the SWPA shall be subject to this division which is designed to protect the SWPA, a critical area, from activities and substances that may harm water quality and subtract from overall water quantity. The SWPA includes two sub-categories with more stringent water quality and quantity protection requirements: (1) SWPA Subcategory A - Erosion Prone Slopes; and, (2) SWPA Subcategory B - 200 Foot Creek Buffer from the bank of the Brandywine Creek. Tax parcels located within the SWPA must meet the requirements of the relevant zoning district and must also comply with the SWPA requirements and prohibitions. If there is an inconsistency between the zoning district and SWPA requirements, the higher standard shall govern, consistent with City Code section section 48-4.

(b)

The SWPA map may be amended from time to time as deemed scientifically appropriate by the department of public works and DNREC and as approved by the planning commission and adopted by city council.

(Ord. No. 09-044, § 2, 8-27-09)

Cross reference— (7 Del. C. § 6082(b)).

(a)

This division is prospective. All non-conforming conditions to this particular division in existence at the time the ordinance is adopted may continue in the form in which the condition existed at the time of the adoption of this division. Any formal application for new development that has been submitted to any city department, commission or board for approval prior to the adoption of the ordinance may proceed and not trigger applicability of this division.

(b)

Any existing or future condition which poses a direct hazard to the city's water supply, as determined by the city upon advice from the Delaware Division of Public Health, or is causing some foreign substance (oil, salts, chemicals or other substances) to be introduced into the city's water supply, as determined by the city upon advice from DNREC's Division of Air and Waste Management and/or Division of Water Resources, the city shall issue a cease and desist order to stop the offending activity.

(c)

For parcels located within the SWPA any application for new development to the city, county, state or the federal government triggers applicability of this division.

(d)

This division is effective upon adoption.

(Ord. No. 09-044, § 2, 8-27-09)

(a)

Source water protection area requirements.

(1)

Underground storage tanks prohibited. Installation of an underground storage tank (UST), as defined by Delaware Code, Title 7, Chapter 74, Delaware Underground Storage Tank Act, is prohibited in the SWPA. However, the replacement of existing underground storage tanks is permitted provided all state and federal regulations are met and secondary containment is provided. In the event of an existing UST failure or UST abandonment, the city may require replacement of the UST with an aboveground storage tank.

(i)

Exemptions:

A.

Any UST less than 110 gallons or residential UST less than 1,100 gallons containing heating fuel. A residential UST is a UST located on a single family or two-family property used primarily for dwelling purposes.

Cross reference— (7 Delaware Administrative Code 1351, Delaware Regulations Governing Underground Storage Tank Systems.)

(2)

Aboveground tanks prohibited. Installation of an aboveground storage tank (AST), as defined in Delaware Code Title 7, Chapter 74A, The Jeffrey Davis Aboveground Storage Tank Act, is prohibited in the SWPA.

(i)

Exceptions:

A.

Aboveground storage tanks used in the process of public water supply and treatment and public sewage treatment.

B.

The replacement of existing aboveground storage tanks shall be permitted, provided all state and federal regulations are met and secondary containment is provided.

C.

Aboveground storage tanks used solely to store propane gas.

Cross reference— (7 Del. C. § 7404A(a)(2).)

D.

Aboveground storage tanks of 1,100 gallons or less in capacity used solely to store heating fuel for consumptive use on the premises where stored.

Cross reference— (7 Del. C. § 7404A(a)(3).)

E.

Aboveground storage tanks installed on a temporary basis, not to exceed six months.

Cross reference— (7 Del. C. § 7404A(a)(5).)

(3)

Hazardous waste treatment, storage and disposal facilities prohibited. The on site treatment, storage or disposal of hazardous waste, as defined by the federal Resource Conservation Recovery Act, 42 U.S.C. §§ 6901-6992k, or 7 Delaware Administrative Code 1302, Delaware Regulations Governing Hazardous Waste, is prohibited.

(4)

New development shall comply with DNREC's Permanent Stormwater Management Water Quality Controls. New development disturbing greater than 5,000 square feet must comply with Delaware's Sediment and Stormwater Regulations, dated October 11, 2006, or as later revised, and, in particular, Section 10, "Specific Design Criteria and Minimum Standards and Specifications", specifically including, but not limited to, Section 10.3, "Specific requirements for the permanent storm water management portion". At the discretion of the commissioner of public works, connecting to the city's combined sewer system may be an option to meet this requirement. Direct storm water discharge to the Brandywine Creek or any of its tributaries is prohibited without pretreatment for water quality and water quantity improvement in compliance with Section 10.3 of Delaware's Sediment and Stormwater Regulations.

i.

Exemption: Certified Brownfields.

(5)

Filling of wetlands prohibited. Filling of wetlands, as defined by the State of Delaware and the Army Corps of Engineers, is prohibited regardless of the size of the wetland.

(6)

Parking lots. All parking lots must comply with subsection 48-437.3(a)(4) regardless of the size of the parking lot even if the new development disturbs less than 5,000 square feet.

(7)

Government owned parks and open space. New development that disturbs more than 1,000 square feet must comply with subsection 48-437.3(a)(4) of this division and is prohibited without prior approval from the commissioner of public works.

(b)

Subcategory Level A—Erosion prone slopes.

(1)

Comply with all requirements of subsection 48-437.3(a).

(2)

Comply with erosion prone slopes practices. New development on erosion prone slopes as identified on the SWPA Map must comply with the following practices:

i.

No other alternative location within the new development being considered is feasible or practical.

ii.

Removal of or disturbance to existing vegetation on the parcel shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, recharge of storm water and existing drainage patterns.

iii.

Roads and driveways shall only be permitted if no viable alternative alignment or location is feasible, provided that such roads and driveways are aligned predominately parallel to the contours.

iv.

All earth work shall be conducted so as to be concluded one month prior to the end of the planting seasons (i.e., April 30 and September 30). This practice will enable a ground cover to be established after work completion.

v.

A ground cover shall be placed on all exposed surfaces prior to the end of the planting season, or as the work is completed prior to that date. The city is authorized to permit temporary cover in limited situations where unusual weather or the type of new development requires earth work beyond a planting season. surety may be required for remedial work if temporary cover is to be used.

vi.

All erosion prone slopes exceeding 15 percent or where water flows can be anticipated shall have a protective cover to hold the seed or plants in place.

(c)

Subcategory Level B—200 foot buffer from bank of Brandywine Creek.

(1)

Comply with all requirements of subsection 48-437.3(a).

(2)

Filling of 100-year floodplain prohibited. No approval shall be granted by the zoning board of adjustment permitting the raising of elevation of the land on the 100-year floodplain.

i.

Exemption: Paths or walkways open to the public in perpetuity.

(3)

Underground storage tanks prohibited. Installation of an underground storage tank (UST), as defined by Delaware Code, Title 7, Chapter 74, Delaware Underground Storage Tank Act, is prohibited regardless of size.

(Ord. No. 09-044, § 2, 8-27-09)

The department of planning, the department of public works, and the department of licenses and inspections may draft rules as deemed necessary regarding implementation of this division subject to review and approval by the administrative board.

(Ord. No. 09-044, § 2, 8-27-09)

(a)

The relevant departments shall administer and enforce the provisions of this division under the authority of each respective department.

(b)

Penalties for non-compliance with this division shall be issued consistent with relevant penalty provisions of the City Code or under section 48-31.

(Ord. No. 09-044, § 2, 8-27-09)

If any requirement or prohibition of this division causes unnecessary hardship or exceptional practical difficulty to a property owner a variance or waiver request may be submitted in writing by the property owner to the zoning board of adjustment ("ZBA") consistent with City Code section 48-70. Such submittal must include a mitigation plan where appropriate. Any variance or waiver request to the ZBA must also be submitted to the commissioner of license and inspections who, after consultation with the relevant city department head, will make a recommendation to the ZBA regarding approval or denial of the variance or waiver request.

(Ord. No. 09-044, § 2, 8-27-09)

The provisions of this section are specifically made severable in accordance with the general severability provisions of section 1-9 of the City Code.

(Ord. No. 09-044, § 2, 8-27-09)

The following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Aboveground storage tank or AST as defined by The Jeffrey Davis Aboveground Storage Tank Act, 7 Delaware Code Chapter 42A, and Delaware Regulations Governing Aboveground Storage Tanks.

(b)

Brownfields. Means any vacant, abandoned or underutilized real property the development or redevelopment of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated.

Cross reference— (7 Del C. § 9103(3).)

(c)

Certified Brownfields. Means a Brownfield, as defined in 7 Del. C. § 9103(3), that the Secretary of the Delaware Department of Natural Resources and Environmental Control has certified pursuant to the regulations governing hazardous substance cleanup.

Cross reference— (7 Del. C. §9123(3).)

(d)

Critical area. Means an area wherein the establishment or maintenance of a viable physical, economic or social environment is of more than local concern; or the physical, economic or social characteristics of said area are of primary importance or uniquely sensitive, including, but not limited to, wetlands, major port facilities and historic areas.

Cross reference— (Historic definition pursuant to 29 Del. C. § 9202, repealed in 2003.)

(e)

Erosion prone slopes. Erosion prone slopes, SWPA Subcategory A, are delineated in the SWPA map and are contiguous to, and draining toward, the 100-year flood plain or water course and consist of land with soils of United States Department of Agriculture Soil Conservation Service capability classifications IVe, VIe, VIs, and VIIIe as mapped by the Soil Survey of New Castle County (1970).

(f)

Land disturbing activity. Means any land change or construction activity for residential, commercial, industrial and institutional land use which may result in soil erosion from water or wind or movement of sediments or pollutants into state waters or onto lands in the state, or which may result in accelerated storm water runoff, including, but not limited to, clearing, grading, excavating, transporting and filling of land. This definition does not apply to commercial forestry practices.

Cross reference— (Title 7 Delaware Code, Chapter 40 - Erosion and Sedimentation Control, § 4002(3).)

(g)

New development. Any land use change to a parcel, including but not limited to:

(1)

Minor or major subdivision.

(2)

Building permit application.

(3)

Demolition permit application.

(4)

Grading permit application.

(5)

Application for floodplain variance.

(6)

Application for underground or aboveground storage tank permit.

(7)

Application to dredge or fill wetlands.

(8)

Any land disturbing activity, as defined in 7 Del C. § 4002, greater than 5,000 square feet, triggering a sediment and storm water management plan requirements pursuant to City Code section 11-38.

(9)

Application for an encroachment permit for alteration and/or modification of the stream bank.

(h)

Parking lot. For the purposes of this division only, parking lot is defined to mean any commercial parking lot or parking lot that is an accessory use.

(i)

Source water. Shall mean any aquifer or surface water body from which water is taken either periodically or continuously by a public drinking water system for drinking or food processing purposes.

Cross reference— (Title 7 Del. C. § 6002(65).)

(j)

Source water protection area (SWPA). Shall mean the delineated area which contributes water to a public supply system. This is called a watershed or basin for a surface water intake. A source water protection area shall constitute a critical area as historically defined under Chapter 92, Title 29 of the Delaware Code.

Cross reference— ("Source Water Assessment Area" 7 Del. C. § 6002(66).)

(k)

Underground storage tank. As defined by the Delaware Underground Storage Tank Act, 7 Delaware Code, Chapter 42, and 7 Delaware Administrative Code 1351, Delaware Regulations Governing Underground Storage Tank Systems.

(l)

100-year floodplain. Means the land area subject to a probability of flooding at least once in 100 years. For purposes of the SWPA and this Code, the identified floodplain area shall be those areas of the city which are subject to the 100-year flood as shown on the floodway map or flood insurance rate map (FIRM) and described in the flood insurance study (FIS) prepared for the city by the Federal Emergency Management Agency (FEMA), dated April 17, 1996, or the most recent revision thereof.

(Ord. No. 09-044, § 2, 8-27-09)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration means any act or process that changes one or more of the exterior architectural features of a structure, landscape or topographic feature including, but not limited to, the erection, construction, reconstruction or removal of any structure, topographic element, or permanent object or the site.

Archaeology means the science or study of the material remains of past life or activities and the physical site, location, or context in which they are found, as delineated in the U.S. Department of Interior's Archaeological Resources Protection Act of 1979.

City historic district means an area which has outstanding historical, cultural, archaeological, or architectural significance in the nation, state, region, or community, within which are sites, buildings, structures or appurtenances which alone or as part of a group exemplify the significance of the area, including but not limited to the following:

(1)

Those associated with events that have made significant contributions to the broad patterns of national, regional, or local history;

(2)

Those associated with the lives of persons significant in our past;

(3)

Those embodying the distinctive characteristics of a type, period or method of construction, or that represent the work of a master or that possess high artistic value, or that represent a significant and distinguishable entity whose components may lack individual distinction;

(4)

Those that have yielded or may be likely to yield information important in prehistory or history; or

(5)

Those that by reason of unusual, innovative or specialized public improvements require special consideration to assure that the public purposes may be achieved or maintained.

Compatibility means an agreeable relationship, or in some instances, the actual continuity, of architectural style, mass, proportion, rhythm, scale, and quality of design and materials, and similar use of materials, colors and design details.

Conservation means physical intervention in the actual fabric of the building to ensure its continued structural integrity.

Construction means the act of adding to an existing structure, landscape or topographic feature, or the erection of a new principal or accessory structure on a lot.

Demolition means the razing or destruction, whether entirely or in significant part, of a building, structure, or object, including its ruin as a result of neglect of necessary maintenance and repairs. Demolition includes the removal of a building, structure or object from its site or the removal or destruction of the facade or surface of any of the same; interior renovations are not included.

Design review ordinance means the enabling legislation creating the design review and preservation commission whose purpose is to review proposed alterations to sites within its jurisdiction and to issue decisions that are consistent with established guidelines.

DRC and DRPC means the design review and preservation commission.

Exterior architectural feature means the general arrangement on such portion of the exterior of any structure as is designed to be open to view from any street or way open to public travel, including but not limited to:

(1)

The kind, color and texture of the building materials or such portion so opened to view; and

(2)

The type and design of all roofs, windows, doors, lights, signs and other fixtures appurtenant to such portion.

Historic site means the location of a significant past event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself retains historical, cultural or archaeological value or significance regardless of the value of any existing structure.

Landmark means any physical feature or improvement which, in whole or in part, has historical, social, cultural, architectural or aesthetic significance to the city, or the region, or both.

Landscaping means the physical layout and arrangement of plant materials including ground cover, shrubs and trees, together with other natural and manmade elements such as rocks, fences and walls, as a means to enhance the building or natural environment by delineating or screening land uses, buildings, or other structures, or parking area, by creating privacy; by buffering different land uses; and by modifying micro-climatic conditions (wind, shade, air, etc.).

Ordinary maintenance and repairs means work done on a building in order to prevent or to minimize any deterioration, decay, or damage to a building or any part thereof, or in order to restore the same to its condition prior to such deterioration, decay or damage, without change of existing materials.

Preservation means to sustain the existing form, integrity and materials of a building or structure and the existing form and vegetative cover of a site.

Recommendation means the decision taken by the commission on a design review application, the findings of which will be submitted to the department of licenses and inspections in order that a permit may be issued or denied.

Reconstruction means the act or process of reproducing, by means of new construction, the exact form and detail of a formerly existing building, structure, or object, or part thereof, as it appeared at a specific period of time.

Recordation is the act of assembling a body of information to describe a resource. Such information may include, but is not limited to, captioned photographs, documentary research and measured drawings. Standards for recordation shall be based on the guidelines of the Historic American Buildings Survey (HABS) and the Historic American Engineering Record (HAER), buy may be adjusted by the reviewing body to reflect the level significance of the resource.

Rehabilitation/renovation means the return of a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

Renovation means to adapt a structure to the requirements of a contemporary use through improvements, or radical alterations, or both, which do not necessarily consider the historical, architectural, and cultural values of the structure.

Resolution affirming findings means a document affirming the design review and preservation commission's findings regarding an application by a landowner, or his authorized designee, to build, renovate, restore or alter a structure in a historic district.

Restoration means to accurately recover the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Sign means any structure, display, device or inscription which is located upon, attached to, painted or otherwise represented on any land, building or structure and further located on the outside or inside of a window, on an awning, canopy marquee, or similar appendage, and which displays or includes any numerical or letter work, model, banner, emblem, insigne, symbol, device, light, and trademark. "Sign" also includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in order to be seen by the general public.

Site means a plot of land intended or suitable for development; also, the ground or area on which a building or town has been built.

(Code 1968, § 48-59.1(b); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 09-048, § 3, 9-17-09)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

The purpose of this article is to provide for the designation of historic areas within which specialized review procedures are necessary to assure the preservation or enhancement of their educational, cultural or historic value to the community, and where because of age of structures or patterns of development, special consideration must be given to the lessening of congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, preserving for future generations irreplaceable historic landmarks, and preserving and enhancing for the welfare of the public the educational and aesthetic values represented by areas and structures of historic and cultural significance.

(b)

Additionally, the purpose of this division and the standards set forth in this division is to promote historic districts and landmarks within local districts for the educational, cultural, economic, and general welfare of the public through the preservation, protection, and regulation of buildings, sites, monuments, structures, and areas of historic interest or importance within the city; to safeguard the heritage of the city by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economic, political, and architectural history, as embodied and reflected in such historic landmarks by appropriate regulations; to preserve and enhance environmental quality of districts; to strengthen the economy of the city; and to foster civic pride in the beauty and accomplishments of the past.

(Code 1968, § 48-59.1(a); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)

Archaeological guidelines, which shall specifically address archaeological resources within the city and the jurisdiction of the design review and preservation commission ("commission"), shall be adopted by the commission. Such guidelines shall be submitted to city council for its approval by resolution prior to becoming effective.

(Code 1968, § 48-59.1(h)(11); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 00-124, § 1, 1-18-01)

Landmark legislation shall be part of the requirements of this division when, as, and if approved and so provided by ordinance of the council amending this section.

(Code 1968, § 48-59.1(h)(12); Ord. No. 92-029, § 2, 6-4-92)

(a)

Generally. For each, any and every violation of the provisions of this subdivision, the owner, or the owner's general agent, or the owner's contractor, of a building or structure where such violation has been committed, or shall exist, and the lessee or tenant of an entire building or entire structure where such a violation has been committed, or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or structure in which part of such violation has been committed, or shall exist, and the general agent, architect, builder, contractor, or any person who knowingly commits, takes part, or assists in any such violation, or who maintains any building or structure in which any such violation shall exist, as any of the same may be applicable, shall be liable upon conviction thereof to a fine or penalty not to exceed $300.00 for each, any and every offense. Whenever such persons shall have been officially notified by the building code official or other duly authorized agent, or by service of a summons and a prosecution, or in any other official manner, that he is committing a violation of the provisions of this section. Each day's continuance of such violation after such notification shall constitute a separate offense punishable by a fine or penalty. Any such fines and penalties shall be in addition to, and not in lieu of, any other fines, penalties and remedies provided by law for such cases.

(b)

Demolition without permit. Upon verification by the commission that a building or structure of historic significance has been demolished prior to issuance of a demolition permit, the building code official shall take immediate action to initiate prosecution of such violation with the intent of invoking the maximum penalties as provided by law against the person responsible for the demolition.

(c)

Demolitions. Any person violating any of the provisions of this division applicable to the demolition of property shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each violation.

(Code 1968, § 48-59.1(h)(8), (h)(10); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)

The building code official, or other authorized officer or employee of the department of licenses and inspections, and the planning department shall review the progress and status of proposed changes and render such reports thereon to the commission as may be necessary to assure compliance with the provisions of this subdivision and the conditions of any certificate of appropriateness. To that end, the building code official shall call upon the staff of the planning department to provide whatever technical assistance may be deemed necessary to ascertain and construe such recommendations as may have been issued or approved by the commission.

(Code 1968, § 48-59.1(h)(9); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)

The city council may from time-to-time designate certain areas in the city as city historic districts and may define and amend their boundaries. Such areas shall be submitted as proposed city historic districts to city council by the design review and preservation commission based on an inventory of the buildings and areas of the city, and an analysis of their appropriateness for designation under the definition in this subdivision. This inventory and any recommendation to city council concerning the establishment, amendment, or deletion of historic districts shall first be submitted for comment to the state historic preservation officer, the Historical Society of Delaware, and any other interest groups for their review and recommendation. Following submission to city council, the provisions of article II, division 2 of this chapter shall be fully applicable.

(Code 1968, § 48-59.1(c); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)

(a)

Nothing contained in this subdivision or in the designation of property as being in a historic district shall affect the present legal use of the property. Use classifications for all properties which are included in a historic district shall continue to be subject to the general zoning ordinance of the city and the procedure therein established.

(b)

In no case, however, shall any use be permitted which requires the demolition, razing, remodeling or alteration of any building or structures in such districts so as to adversely affect the character of the district, except upon compliance with the terms of this subdivision. For purposes of clarity in the designation of such property, all properties located in a historic district shall be recorded as such by the planning department in the offices of the zoning administrator, the department of licenses and inspections, the department of parks and recreation, and the department of public works, and shall be available for public inspection in the planning department.

(c)

No provision in this subdivision shall be construed as prohibiting a property owner from continuing to use a property for a nonconforming use as that term is defined in section 48-38.

(d)

Nothing in this subdivision shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures affected by this subdivision which do not involve change in design, material, or the outward appearance thereof, nor to prevent the construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar and duly authorized city officer or employee shall certify as being required for the public safety.

(Code 1968, § 48-59.1(d); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)

(a)

The review commission for historic districts shall be the design review and preservation commission.

(b)

The design review and preservation commission (commission) was established by city council to protect designated city historic districts and other special commercial zoning districts where design considerations are significant. The commission consists of seven members: one ex officio member of the city planning commission, or his alternate, and six persons, four of whom shall not be a city officer or city employee, but who shall have backgrounds in any or all of architecture, planning, urban design, real estate construction, environmental systems, history, or fine arts or other pertinent disciplines. These six people are appointed by the mayor. The commission is charged with reviewing the effects of proposed building alterations, demolitions, and new construction in the historic districts, and with formulating advisory recommendations to the commissioner of licenses and inspections, that department, and the planning department. The commission is assisted by staff from the planning department, the law department, and the department of licenses and inspections.

(c)

The commission shall be authorized to adopt such rules of procedure as it shall deem necessary, subject to the approval of the administrative board, which shall be used for its own internal governance, for the administration of and guidelines for the activities, duties and functions of its members, and for the conduct of its proceedings.

(Code 1968, § 48-59.1(e); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 12-060(sub 1), § 1, 2-7-13)

Cross reference— Design review and preservation commission, § 2-66 et seq.

(a)

The building code official shall not issue a permit for construction, reconstruction, alteration, restoration, or demolition in a historic district without the recommendation of the design review and preservation commission unless the commission fails to take action as provided in this section. Within five days of the filing of an application for a permit for the construction, reconstruction, alteration, restoration, or demolition in a historic district, the building code official shall submit the application and such additional material as shall be required to the commission for its review and recommendation. The filing date shall be the date when the applicant has completed the submission of all required materials.

(b)

Within 45 days of the completion of an application and supporting documentation and their filing with the building code official, the commission shall meet to review the application, notifying the applicant and other interested parties of the time and place of the meeting. The commission shall:

(1)

Act upon each application within 60 days from the date of filing of the application; or

(2)

If action is not taken within 60 days from the date of filing, the application shall be deemed to be approved, and a certificate showing the filing date and failure by the commission to take action within the stated time shall be issued by staff for the commission, if requested.

This 60-day time limit may be waived by mutual consent of the applicant and the commission.

(c)

If the commission recommends that the building code official not issue a permit, its report shall indicate to the applicant the changes in plans and specifications, if any, which, in the opinion of the commission would protect the distinctive character of the historic district. The applicant may agree to the changes immediately or within five days, or may resubmit his application. The commission may withhold its report to the building code official for a period of five days to allow the applicant to decide whether or not to make the suggested changes in his plans and specifications. If the applicant determines that he will make the suggested changes, he shall so advise the commission within that five-day period of time.

(d)

The commission shall, after meeting and considering the application, and after any changes in plans or specifications have been made, within five working days following such meeting, or after being advised by the applicant of acceptance of suggested changes, shall submit to the building code official, in writing, its recommendation concerning the issuance of a permit for construction, reconstruction, alteration, renovation, or demolition in the historic district. This written report shall include a brief description of the application, the commission's opinion concerning the effects of the work proposed in the application on the historic district, and the recommendation of the commission concerning the application.

(e)

(1)

Upon receipt of a written report from the commission, recommending approval of the application or upon failure by the commission to take action as provided in subsection (2) hereof, the building code official may issue the requested permit.

(2)

Upon receipt of a written report from the commission recommending changes in the plans and specifications before the issuance of a permit, the building code official shall submit the commission's report to the commissioner of licenses and inspections. The commissioner shall consider the application and the commission recommendation, and within 15 days, the commissioner shall direct the building code official to issue or not issue the permit. The decision shall be transmitted forthwith to the applicant and to the commission. Any permit thereby authorized shall not be issued until all applicable appeal periods have expired.

(3)

Upon receipt of a written report from the commission recommending denial of a permit, the building code official shall submit the commission's report to the commissioner of licenses and inspections. Upon consideration of the application and the commission's recommendation, if the commissioner denies or otherwise does not affirm the recommendation(s) of the commission, within 15 days from the date of receipt of the commission's report, the commissioner shall submit a written report to the commission documenting his findings. The decision of the commissioner regarding the case shall be transmitted to the applicant and to the commission. Any permit so authorized shall not be issued until all applicable appeal periods have expired.

(4)

Appeals from the decision of the commissioner shall proceed as set forth in article II, division 3 of this chapter section 48-66 et. seq., to the zoning board of adjustment by appeal in writing filed with the zoning administrator. The appeal period for the design review commission is five days, and the appeal period for applicants is ten days. The said appeal periods are specified in the "Rules of Procedure of the Zoning Board of Adjustment," article II, no. 5.

(f)

An application for a permit for a property that is located in a city historic district shall be filed with the department of licenses and inspections. Following the filing of such application for a permit, the matter shall be referred by the department of licenses and inspections to the department of planning and development for its scheduling of review by the design review and preservation commission ("DRPC") at its next regular meeting. Following review by the DRPC, if the matter is approved, that approval shall be valid for 180 days, within which the applicant, or property owner, must complete the permit application and obtain all required permits.

Thereafter, in addition to and not in lieu of any other provision of the City Code, any permit issued pursuant to this section or any other applicable section of this Code by the design review and preservation commission or pursuant to a decision of the design review and preservation commission shall be valid for 180 days following the date of issuance of such permit. On the 181st day following its date of issuance, any such permit shall be of no further force and effect if substantial work or substantial actions pursuant to such permit have not been taken by the applicant or agent for the applicant to whom such permit has been issued. Any determination of "substantial work or substantial action" shall be made by the commissioner of licenses and inspections or the commissioner's designee.

(Code 1968, § 48-59.1(f); Ord. No. 92-029, § 1, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 96-061(sub 1), § 1, 11-7-96; Ord. No. 99-097(sub 1), § 1, 12-16-99)

(a)

Sign proposals. The following shall be required:

(1)

A sign permit application from the department of licenses and inspections signed by the owner of the premises.

(2)

A commission application from the applicant listing and identifying all drawings, samples and exhibits included with the application.

(3)

Current color photographs of the property showing its present condition which accurately represents the existing material, colors, and textures. In addition, color photographs of all adjacent sites, buildings, and other improvements clearly showing the style and character of the area. All photographs shall be labeled to indicate the direction of view.

(4)

An elevation drawn to scale showing the size of the sign in relation to the building, the location of the sign, spacing of the letters, all details of construction, colors, and textures; complete with dimensions showing ground clearance, length, height, width and projection of sign.

(5)

Any further and additional information deemed necessary by the planning department.

(b)

New construction/renovation/alteration proposal and demolition proposals.

(1)

A building permit application from the department of licenses and inspections signed by the applicant-owner of the premises.

(2)

A commission application listing and identifying all drawings, samples, and exhibits included with the application.

(3)

Current color photographs of the property showing its present condition and which accurately represent the existing material colors and textures. In addition, color photographs of all adjacent sites, buildings, and other improvements clearly showing the style and character of the area shall be provided, if requested. All photographs shall be labeled to indicate the direction of view.

(4)

A site plan of the property, identical to the site plan required by the department of licenses and inspections or the zoning administrator, showing the location of all existing and proposed improvements.

(5)

A plan showing any exterior lighting, provisions for trash storage and removal, locations of air conditioning equipment, transformers, signs, fences, or walls, and other equipment or construction.

(6)

Color elevations, drawn to scale, of all sides of the building showing complete architectural details and including all exterior equipment, and appurtenances located on the roof, the walls and on the ground. All existing and proposed finishes and materials shall be identified, noted on the elevations, and keyed to the samples if requested.

(7)

A color perspective rendering of the proposal showing the form, style, and scale of the project; all rooftop equipment and screening proposed; signs, landscaping and other architectural features. Such renderings shall be as accurate as possible with respect to actual scale and color representation.

(8)

A set of floor plans and details showing location of entrance, windows, halls, rooftop equipment, etc.

All items required by this subsection shall be submitted in sets of ten except subsections (1), (2) and (7); all reductions shall be in a size not greater than 11 inches by 17 inches.

(c)

Demolition proposals. The following shall be required:

(1)

A commission application stating reasons for the proposed demolition, citing structural engineering reports or other relevant and pertinent material. In addition to the letter, the applicant shall list and identify all drawings, samples, and exhibits included as part of the application.

(2)

A demolition permit application from the department of licenses and inspections signed by the applicant-owner of the premises.

(3)

Current color photographs of the property showing its present condition. Provide photographs of all adjacent sites, buildings, and other elements.

(4)

An explanation of attempts to preserve the building, including economic feasibility, or other information pertinent to the demolition, such as market studies, economies of scale, etc.

(5)

Considerations for architectural documentation of buildings built before 1950. Provisions for Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) recordation of structures which are of significant historical age, or possess unique architectural or engineering components, or both.

(6)

Provisions that are being made for urban archaeological exploration, interior or exterior.

(7)

Any further and additional information deemed necessary by the planning department.

All items required by this subsection shall be submitted in sets of ten, except subsections (1) and (2); all reductions shall be in a size not greater than 11 inches by 17 inches.

(Code 1968, § 48-59.1(i); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93)

(a)

Generally. The standards set forth in this section shall be applicable to all properties located in historic districts. Those standards that are identified as general elements can be approved by the department of licenses and inspections following review by the planning department. These activities do not need the review of the design review and preservation commission. Other standards which are not subject to permit requirements, but which are applicable in city historic districts are identified as nonpermit actions.

(b)

Nonreviewable activities. Application for a nonreviewable activity is still required; however, the application is submitted to and the review is done by the planning department. The following are to be known as general elements. They are standards that are applicable in historic districts, but which are deregulated, to the extent that commission approval of specific proposals is not required, but all applicable building permits shall be obtained in accordance with applicable provisions of law. Compliance with the general elements shall be required. The general elements are:

(1)

Ordinary maintenance or repairs which do not involve a change of design, material type, or of the outward appearance of a building, unless otherwise provided in this section.

(2)

Installation or removal of any tree on public property. The installation or removal of trees within the public rights-of-way are subject to approval by the department of parks and recreation, pursuant to the provisions of section 46-32.

(3)

Rehabilitation proposals that follow the U.S. Secretary of the Interior standards for investment tax credits, provided that documentation is submitted to and approved in writing by the planning department.

(4)

Repair or replacement with in-kind materials regardless of color selected, such as, by way of example only, white asphalt shingles replaced with yellow asphalt shingles.

(5)

Installation of identification signs, including address numbers in residential districts. All signs are and shall be subject to the provisions of chapter 41 of this Code.

(6)

Renewal of expired proposals that received a building permit, where no change in approved plans is being proposed and where there is no change in the circumstances under which the permit was issued, except for and not including any demolition subject to the provisions of this section.

(7)

Installation of seasonal fixtures and elements, including but not limited to air conditioners, swimming pools, or temporary holiday decorations.

(8)

Other than for new construction, the application of any paint or stain of any color to any surface other than unpainted masonry surfaces, or metal surfaces, such as exterior siding, or both.

(9)

Construction, reconstruction, alteration or demolition of any such feature which the building inspector has certified as being required for public safety purposes because of an unsafe or hazardous condition.

(10)

Any design element that has been established by the planning department as being consistent with approved policy shall be exempt from review, provided that the plans for such design element are clearly consistent with the policy that has been established for such design element by the commission, such as, but not limited to open slat security gates.

(c)

Actions having irreversible effects. The following items that may require a building code permit, have irreversible effects, and, therefore, shall be regulated and reviewed by the commission prior to the issuance of any required building code permit, or prior to the action being done lawfully, if no permit is required, as the case may be:

(1)

Any paint or stain of any color on any previously unpainted metal, masonry, or brick surface, such as copper, granite, brick, sandstone, or concrete, in any city historic district (building code permit required).

(2)

Any change of existing terrain or topography, and the resulting landscape treatment, in any city historic district.

(3)

Fencing of any height, style, or material that is proposed to be located anywhere on any property in any city historic district, except that administrative review by the planning department of any or all such fences in some or all locations in city historic districts may be authorized, provided that the design review and preservation commission first develops and promulgates appropriate policies, standards and procedures for such administrative review by the planning department.

(d)

Landscaping. Each owner of property in a historic district shall preserve and maintain all natural or existing topographic patterns that contribute greatly to the aesthetic or historic quality of an area. Any modification of or to the existing terrain, such as berms, fill, or similar items, shall be subject to the design review process.

(e)

Design guidelines. The commission shall adopt architectural and design guidelines which shall specify characteristic materials, colors, signage, landscaping, and other design-related considerations deemed appropriate in the specific design or historic district. The guidelines shall be applicable to all properties in city historic districts and in any other zoning district within the jurisdiction of the commission and the guidelines shall be used as reference materials in assisting the commission in making appropriate design decisions. Such guidelines shall be submitted to the city council for its approval by resolution prior to becoming effective.

(f)

Economic hardship. The commission will recognize the community's needs and resources, while basing its decisions on historical, architectural, aesthetic and legal considerations. Every attempt will be made to find the most cost-effective design solution that still will promote achieving the purpose and the intent of the city historic district requirements of this section.

(Code 1968, § 48-59.1(h)(1)—(h)(5); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 94-051(sub 1), § 1, 10-20-94)

The commission may approve proposed use of specific materials and proposed work, but each property owner shall be responsible for the removal of any work not approved by the commission, the replacement of materials used, or the restoration of an original architectural element to its prior condition, or any of the foregoing when, as, and if recommended by the commission.

(Code 1968, § 48-59.1(h)(7); Ord. No. 92-029, § 2, 6-4-92; Ord. No. 93-033(sub 1), § 3, 11-4-93)

(a)

Generally. The zoning board of adjustment shall hear appeals in accordance with the provisions of article II, division 3, section 48-66 et. seq., of this chapter and may consider such evidence of economic hardship, including such documentation as set forth below:

(1)

Estimates of the costs of the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the recommendations of the commission for changes deemed necessary for its approval of the proposal.

(2)

A report from a registered engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

(3)

The estimated market value of the property in its current condition; such value after completion of the proposed construction, alteration, demolition, or removal; such value after any changes recommended by the commission and, in the case of a proposed demolition, such value after renovation of the existing property for continued use.

(4)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(5)

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record, or the applicant, and the person from whom the property was purchased, and any terms of financing between the seller and the buyer.

(6)

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, for the previous two years.

(7)

The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the same period.

(8)

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

(9)

Assessed value of the property according to the current county tax assessment.

(10)

The city and county real estate taxes paid for the previous two years.

(11)

The form of ownership or operation of the property, sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other such form.

(12)

Any other information deemed necessary by the zoning board of adjustment in making its determination.

(b)

Appeals by the commission. The commission shall have the right of appeal to the zoning board of adjustment of any decision in which the commissioner of licenses and inspections modifies, or reverses, or otherwise does not affirm or accept a decision or recommendation of the commission. The commission shall have five days, beginning on the date of the department of planning's official receipt (date-stamped) of the commissioner's report, within which to file its appeal.

(1)

Findings required. The commissioner of licenses and inspections, prior to the issuance of a permit shall submit a written report to the commission documenting his findings whenever a commission decision is being modified or reversed, or otherwise not affirmed, by the commissioner of licenses and inspections or by the zoning board of adjustment.

(2)

Denial. In the event of the commissioner's denial of a commission recommendation, such denial shall be in the form of a written statement to be submitted through the department of planning to the commission within 15 days following the date of the commission's decision or recommendation and prior to the applicant obtaining a permit.

(3)

Written statement by commissioner. The commissioner's written statement shall set forth the reasons for the decision, or for the denial, referring to such criteria which were relevant to the decision. A copy of such findings shall accompany the official recommendation from the commissioner.

(c)

Nothing in this section shall be construed so as to prevent the demolition or other modification of a structure whenever public safety is of overriding concern, as determined by the commissioner of licenses and inspections, as provided in the emergency demolition procedures of the building code.

(Code 1968, § 48-59.1(g)—(h)(6); Ord. No. 92-029, §§ 1, 2, 6-4-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 93-033(sub 1), § 3, 11-4-93; Ord. No. 99-097(sub 1), § 1, 12-16-99)

Cross reference— Amendments to building code, § 4-27

In addition to the definitions contained in sections 48-2 and 48-396 of this chapter, the following words, terms and phrases, when used in this subdivision, shall have the meaning ascribed to them in this section:

(a)

Neighborhood conservation district means an area with specifically defined geographic boundaries, whose value is related to and established by association with the close proximity of structures that have certain identifiable attributes embodied in use, urban design or architecture, and the surrounding geographical features which complement the existing uses. The term neighborhood conservation district is separate and distinct from the term city historic district, in that one district or neighborhood cannot qualify for both designations.

(b)

Streetscapes pertain to all components that are visible from a public right of way, including, but not limited to:

(1)

Street arrangements, patterns and widths;

(2)

Property shapes, sizes and roof forms; and

(3)

Housing type, size and setback.

(c)

In public view means the front or primary facade(s) of a structure that is (are) visible from an adjacent public way or street, or in the case of a corner property, both facades facing the primary right-of-way.

(d)

Character defining features are any architectural, built or landscaped elements which serve to identify a particular streetscape or viewshed and set it apart from the surrounding streets, views or areas; that which makes a building, street or view unique.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

(a)

The purpose of this subdivision is to provide for the creation of a zoning overlay category which recognizes the historic, architectural and cultural resources and merits of areas within the city, which shall be designated as neighborhood conservation districts. This new category will be identified on the supplemental building zone map.

(b)

Neighborhood conservation district(s) are in addition to, but separate and distinct from, the original city historic districts.

(c)

Within neighborhood conservation districts, review procedures shall be mandated so as to:

(1)

Identify and ensure the conservation of historic materials which serve to visually distinguish the district from the areas that surround it;

(2)

Ensure sympathetic treatment regarding the built environment's original design, intent and scope (including but not limited to site planning, site design and landscaping); and

(3)

Preserve significant natural landscape features and man-made streetscapes.

(d)

Neighborhood conservation districts may be designated where traditional city historic district protection is not feasible due to:

(1)

Lack of community support;

(2)

Lack of property owner support;

(3)

Lack of political support; or

(4)

A built environment whose resources do not meet the qualification criteria of either the National Register of Historic Places or city historic districts.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

The city council may from time-to-time designate certain areas in the city as neighborhood conservation districts and may define and amend their boundaries. Such areas shall be submitted as proposed neighborhood conservation districts to city council by the planning commission and design review and preservation commission. Such proposals will be based on an inventory of the buildings and properties within the proposed boundaries of the district, and an analysis by the department of planning of the appropriateness for designation as defined in this subdivision.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

(a)

Any property owner or resident wishing to perform any work, including but not limited to, alterations, changes, additions or removal of character defining features which will affect the exterior of a property or identified streetscape as defined in section 48-421(c) shall be required to apply to the department of licenses and inspections to obtain a building permit. The application shall be referred to the department of planning for assessment of the proposed work and determination of the appropriate review procedure required by section 48-425 of this chapter.

(b)

Items that do not require a building permit but which are subject to review by virtue of their inclusion in the district include:

(1)

Exterior doors and storm doors;

(2)

Windows and storm windows;

(3)

Painting or otherwise covering of historically unpainted masonry; and

(4)

Fencing that is within the front yard, and also the side yard facing the right-of-way if the property occupies a corner lot.

(c)

The application shall include the following:

(1)

A complete written or typed explanation of the proposed project, with all work elements clearly outlined;

(2)

A complete set of photographs showing the property and the adjacent streetscape;

(3)

Manufacturer's and/or vendor's specifications for any materials, building element or chemical to be used in the proposed project;

(4)

Any other information deemed necessary by either the department of planning or the department of licenses and inspections, including but not limited to information enumerated in section 48-417 of this chapter; and

(5)

The legal filing date, which shall be the date when the applicant has completed the submission of all required materials.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

(a)

Planning department review procedures/pre-determined categories of review:

(1)

If the planning department determines that the proposed changes are consistent with the neighborhood conservation district design guidelines, a certificate of appropriateness for the proposed work will be issued. The applicant shall present the certificate to the department of licenses and inspections in order to complete the application for a building permit, contingent upon compliance with all applicable building code requirements. In the event that a building permit is not necessary, the certificate of appropriateness shall serve as notice to proceed. The certificate shall be visibly posted on the job site for the duration of the work.

(2)

Items automatically reviewed by planning department staff:

i.

Maintenance. Regular repair and upkeep of a property within a neighborhood conservation district, provided the proposed project does not involve the removal of historic materials, either decorative or functional. Maintenance, for the purposes of this section, shall not include any work which creates a change in the fenestration of facade openings viewable from the public right of way, such as windows, doors or garage doors, including changes in the historic opening of a window frame, door frame or garage door frame by bricking or blocking in, down, or up to accommodate modern materials and modification to historic materials.

ii.

Facade changes. Any change in appearance of the facade(s) facing the principal right of way and which affect less than 25 percent of the facade.

iii.

Rehabilitation projects. Projects that would introduce compatible materials, which restore or otherwise complement and remain consistent with the historic character and fabric of the neighborhood.

(3)

Appeal of planning department review. Any decision rendered by the planning department which is not acceptable to the applicant may be appealed to the city design review and preservation commission. A written request must be received by the department of planning from the applicant, along with all necessary documentation for the request within ten days of the date of the decision rendered by the department of planning. If such an appeal is requested, the case will be placed on the next regularly scheduled meeting agenda of the design review and preservation commission. Documentation for such an appeal shall be the same as that set forth in section 48-417. The timetable for such an appeal shall be as set forth in section 48-416.

(b)

Items requiring design review and preservation commission (DRPC) review include:

(1)

All work not otherwise defined in section 48-425(a)(2) of this chapter.

(2)

Items automatically requiring DRPC review, including:

i.

All new stand-alone construction;

ii.

Any addition visible from the principal right of way which increases the primary building's footprint;

iii.

Those items that affect more than twenty-five percent of the appearance of the facade in public view;

iv.

Those items that alter the rhythm or fenestration of the facade;

v.

Those items that change the footprint of the main building or structure, either by introducing new construction or through demolition, which are visible from the primary right of way.

(3)

No building permit for the proposed work will be issued until after the DRPC has made a determination in such a case. The work may be revised by the applicant to be consistent with the planning department's recommendations pertaining to section 48-425(a)(2) of this chapter prior to DRPC review.

(4)

All demolition permits shall be reviewed by the department of planning in accordance with section 48-36.

(5)

After a case has been referred to the design review and preservation commission, it will follow the procedure and timetable outlined in section 48-416 of this chapter.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

(a)

If a case is reviewed by the city design review and preservation commission and the applicant is not satisfied with the decision, the applicant may appeal to the commissioner of the department of licenses and inspections. The request for an appeal must be in writing and filed with the commissioner of the department of licenses and inspections, with a copy to the DRPC coordinator in the department of planning, within ten business days of the dispatch of the DRPC decision to the applicant.

(b)

Documentation for the appeal must include:

(1)

A full set of architectural plans/elevations for the proposed project;

(2)

A full set of photographs showing the individual building impacted and the surrounding streetscape which would be affected by the work;

(3)

A written statement explaining the proposed work and why it would not have a detrimental effect on the building and surrounding district;

(4)

Any additional supporting documentation germane to the appeal.

(c)

The commissioner of the department of licenses and inspections shall review the documentation listed above, and make a decision within ten (10) business days of receipt of all required documents.

(d)

Appeals of a decision of the commissioner of the department of licenses and inspections shall be referred to the zoning board of adjustment, and shall follow the provisions of article II, division 3 of chapter 48. Appeals may be brought either by the applicant or by the design review and preservation commission in the event that the commissioner of licenses and inspections reverses a decision of the design review and preservation commission. Documentation required for the appeal is set forth in section 48-420(a) and (b) of this chapter.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

Design guidelines shall be established and adopted by the design review and preservation commission, and amended as necessary.

(Ord. No. 04-032(sub 1), § 2, 6-17-04)

The building code official, or other authorized officer or employee of the department of licenses and inspections, and the planning department shall review the progress and status of work approved by the planning department or DRPC. The building code official may call upon planning department staff to provide the necessary technical assistance to ascertain and construe recommendations and conditions issued by the commission. The planning department shall provide reports to DRPC as necessary to assure compliance with the provisions of this subdivision and the conditions of any certificate of appropriateness. Work performed outside of or inconsistent with a certificate of appropriateness or DRPC recommendations shall be a violation of this subdivision.

(Ord. No. 19-040, § 1, 11-7-19)

Unless DRPC failed to take action as provided in section 48-416, work performed within a Neighborhood Conservation District without the required approval from either the planning department or DRPC is prohibited and shall be a violation of this subdivision. Properties where such unauthorized work has been performed shall be referred by the planning department to DRPC. DRPC shall determine whether remedial action is required to ensure the purposes set forth in section 48-422 of this subdivision are met. To that end, DRPC may order the removal of any unauthorized work; the replacement of unapproved materials used; the restoration of an original architectural element to its prior condition, or any combination of the foregoing. The property owner shall be responsible for any remedial action ordered by DRPC. Failure to comply with any remedial action ordered by DRPC shall be a violation of this subdivision.

(Ord. No. 19-040, § 1, 11-7-19)

(a)

Generally. With the exception of subsection (b) below, for any violation of the provisions of this subdivision, the owner, authorized agent, lessee or contractor of the building, structure, landmark or premises where such violation has been committed or shall exist, and the owner, authorized agent, contractor, lessee or tenant of any part of a building or premises in which a part of such violation has been committed or shall exist, and any other person who knowingly commits, takes part in, aids or assists in such violation, or who maintains any building or premises in which any such violation shall exist, for each and every violation and for each and every day that such violation continues shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $250.00 or more than $1,000.00 for the first offense, not less than $1,000.00 or more than $2,500.00 for the second offense, and not less than $1,000.00 or more than $5,000.00 for the third and subsequent offenses. Any such fines and penalties shall be in addition to, and not in lieu of, any other fines, penalties and remedies provided by law for such cases.

(b)

Demolition without permit. A property owner who causes to be demolished, in part or whole, a building or structure subject to the provisions of this subdivision without first having been issued a demolition permit shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $5,000.00, which shall not be suspended.

(Ord. No. 19-040, § 1, 11-7-19)