Subtitle 8 – Alterations, etc., to or Affecting Properties

The rules and regulations adopted by the Commission under <cite data-path="|6">this article</cite>:

“Minor work” means work that:

No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official:

No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure on the Landmark List: Public Interiors or the Potential-Landmark List: Public Interiors without first obtaining a permit to do so from the Building Official:

Within 2 days of receiving a permit application for or involving a regulated alteration, the Building Official must forward the application, together with all accompanying plans and specifications, to the Commission.

The Building Official may not issue a permit for any regulated alteration unless:

If an Authorization to Proceed is not issued within 11 days of the Commission’s having received a completed application, the Executive Director must cause a sign to be conspicuously posted on the structure involved, giving notice of:

The public hearing must be held:

Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed.

The Commission may approve issuance of an Authorization to Proceed only if it determines that:

In passing on appropriateness, the Commission must consider, among other pertinent factors:

If the Commission approves the issuance of an Authorization to Proceed, the Executive Director must promptly issue the Authorization to Proceed and forward it to the Building Official, along with the related application, plans, and specifications.

The Authorization to Proceed must contain:

Unless an extension is granted, every Authorization to Proceed expires and becomes invalid if a building permit is not obtained and the work authorized begun within 1 year after the Authorization to Proceed is issued.

the reason for that determination; and

any recommendations that the Commission might have about the proposed alteration.

In the case of a structure on the Potential-Landmark List, if the Commission determines that the proposed regulated alteration is inappropriate, the Commission must notify the Building Official in writing to postpone issuance of the permit.

If the Building Official is so notified, the Building Official must postpone issuance of the permit until the first to occur of:

During the period of postponement, the Commission must meet with the applicant and may consult with civic groups, public agencies, and interested persons to ascertain what the City can do to preserve the structure.

In this section, “municipal structure” means any structure that:

Before any City action is taken to approve or otherwise authorize the reconstruction, exterior alteration, interior alteration of an area customarily open or accessible to the public, or demolition of any municipal structure, the agency responsible for preparing the plans must refer the plans to the Commission for a report.

Nothing in <cite data-path="|6">this article</cite> prevents the ordinary maintenance or repair of an architectural feature within any Preservation District or any Conservation District or on any Landmark or Potential Landmark, if the maintenance or repair involves no change in design, material, color, or appearance of the structure.

Nothing in <cite data-path="|6">this article</cite> prevents the construction, reconstruction, alteration, or demolition of any feature that the Building Official certifies as being required for public safety because of an unsafe or dangerous condition.