[Ord. No. 1212 §1, 9-6-1995]
A.
Purpose. The "HO" Historic Overlay District is intended
to provide for the protection and enhancement of buildings, structures,
and areas of special historic, community, or architectural significance
in the interest of promoting the educational, cultural, economic and
general welfare of the City of Hermann. The purpose of this Article
is to:
1.
Provide a mechanism to identify and preserve the historic and architectural
characteristics of the City of Hermann which represent elements of
the City's history;
2.
Foster civic pride in the beauty and noble accomplishments of the
past as represented by landmarks and historic districts in the City
of Hermann;
3.
Conserve and improve the value of property designated as landmarks
or within historic districts;
4.
Protect and enhance the attractiveness of the City to residents and
visitors, and thereby support and promote business, commerce, and
industry and provide economic benefit to the City; and
5.
Foster and encourage preservation, restoration, and rehabilitation
of structures, areas, and neighborhoods, and thereby prevent future
community deterioration.
[Ord. No. 1212 §1, 9-6-1995]
A.
A quorum
shall consist of a majority of the members. All decisions or actions
of the Landmarks Commission shall be made by a majority vote of those
members present and voting at any meeting where a quorum exists.
B.
Meetings
shall be held at regularly scheduled times to be established by resolution
of the Landmarks Commission at the beginning of each calendar year
or at any time upon the call of the Chairman.
C.
No
member of the Landmarks Commission shall vote on any matter that may
materially or apparently affect the property, income, or business
interest of that member. No action shall be taken by the Landmarks
Commission that could in any manner deprive or restrict the owner
of a property in its use, modification, maintenance, disposition,
or demolition until such owner shall first have had the opportunity
to be heard at a public meeting of the Landmarks Commission as provided
herein.
D.
The
Chairman may administer oaths and compel the attendance of witnesses.
All meetings of the Landmarks Commission shall be open to the public.
The Landmarks Commission shall keep minutes of its proceedings, showing
the votes cast and by whom, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk and shall be a public record.
[Ord. No. 1212 §1, 9-6-1995]
A.
The
Landmarks Commission shall have the following powers and duties:
1.
To adopt its own procedural regulations;
2.
To conduct or review surveys to identify historically and architecturally
significant properties, structures, and areas that exemplify the cultural,
social, economic, political, or architectural history of the Nation,
State, or City;
3.
To investigate and recommend to the Planning Commission and to the
Board of Aldermen the adoption of ordinances designating properties
or structures having special historic, community, or architectural
value as "Landmarks";
4.
To investigate and recommend to the Planning Commission and to the
Board of Aldermen the adoption of ordinances designating areas as
having special historic, community, or architectural value as "Historic
Overlay Districts";
5.
To develop and recommend to the Planning Commission and Board of
Aldermen specific design guidelines for the alteration, construction,
or removal of landmarks or property and structures within historic
districts;
6.
To keep a register of all properties and structures that have been
designated as landmarks or historic districts, including all information
required for each designation;
7.
To make recommendations for the design and implementation of specific
markings of the streets and routes leading from one landmark or historic
district to another;
8.
To offer advice and assistance to owners of landmarks and property
of structures within historic districts on physical and financial
aspects of preservation, renovation, rehabilitation, and reuse and
on procedures for inclusion on the National Register of Historic Places;
9.
To assist property owners in nominating landmarks and historic districts
to the National Register of Historic Places;
10.
To provide information concerning the historic and architectural
heritage of the City by publishing appropriate maps, newsletters,
brochures, and pamphlets, and by holding programs and seminars;
11.
To hold public hearings and to review applications for construction,
alteration, removal, or demolition affecting proposed or designated
landmarks or structures within historic districts and to issue or
deny Certificates of Appropriateness for such actions. Applications
shall include drawings, specifications, and other information as may
be necessary to allow the Landmarks Commission to make decisions;
12.
To consider applications for Certificates of Economic Hardship that
would allow the performance of work for which a Certificate of Appropriateness
has been denied;
13.
To administer on behalf of the City of Hermann any property or full
or partial interest in real property, including easements, that the
City of Hermann may have or accept as a gift or otherwise, upon authorization
and approval by the Board of Aldermen;
14.
To accept and administer on behalf of the City of Hermann such gifts,
grants, and money as may be appropriate for the purposes of this Article.
Such money may be expended for publishing maps and brochures or for
hiring staff persons or consultants or performing other appropriate
functions for the purpose of carrying out the duties and powers of
the Landmarks Commission and the purposes of this Article;
15.
To call upon available City staff members as well as other experts
for technical advice;
16.
To retain such specialists or consultants or to appoint such citizen
advisory committees as may be required from time to time within the
budget allocated for the Landmarks Commission;
17.
To testify before all boards and commissions, including the Planning
and Zoning Commission, on any matter affecting historically and architecturally
significant property, structures, and areas;
18.
To confer recognition upon the owners of landmarks or property or
structures within historic districts by means of certificates, plaques,
or markers;
19.
To develop a preservation component in the general plan of the City
of Hermann and to recommend it to the Planning and Zoning Commission
and to the Board of Aldermen;
20.
To review periodically the plan of the City and to provide to the
Planning and Zoning Commission and the Board of Aldermen any recommendations
appropriate for the protection and continued use of landmarks or property
and structures within historic districts; and
21.
To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or the purposes of
this Chapter.
[Ord. No. 1212 §1, 9-6-1995]
A.
The
Landmarks Commission shall review the survey and research effort in
the City of Hermann to identify neighborhoods, areas, sites, structures,
and objects that have historic, community, architectural, or aesthetic
importance, interest, or value. The Landmarks Commission shall then
systematically identify potential landmarks and adopt procedures to
nominate them in groups based upon the following criteria:
1.
The potential landmarks in one identifiable neighborhood or distinct
geographical area of the City of Hermann;
2.
The potential landmarks associated with a particular person, event,
or historical period;
3.
The potential landmarks of a particular architectural style or school,
or of a particular architect, engineer, builder, designer, or craftsman;
and
4.
Such other criteria as may be adopted by the Landmarks Commission
to assure systematic survey and nomination of all potential landmarks
within the City of Hermann.
[Ord. No. 1212 §1, 9-6-1995]
Nominations shall be made to the Landmarks Commission on a form
prepared by it and may be submitted by a member of the Landmarks Commission,
owner of record of the nominated property or structure, or a member
of the Board of Aldermen.
[Ord. No. 1212 §1, 9-6-1995]
A.
The
Landmarks Commission shall, upon such investigation as it deems necessary,
determine whether a nominated property, structures, or area meets
one or more of the following criteria:
1.
Character, interest, or value as part of the development, heritage,
or cultural characteristics of the community, County, State, or country;
2.
Location as a site of a significant local, County, State, or national
event;
3.
Identification with a person or persons who significantly contributed
to the development of the community, County, State, or country;
4.
Embodiment of distinguishing characteristics of an architectural
style valuable for the study of a period, type, method of construction,
or use of indigenous materials;
5.
Identification as the work of a master builder, designer, architect,
or landscape architect whose individual work has influenced the development
of the community, County, State, or country;
6.
Embodiment of elements of design, detailing, materials, or craftsmanship
that render it architecturally significant;
7.
Embodiment of design elements that make it structurally or architecturally
innovative;
8.
Unique location or singular physical characteristics that make it
an established or familiar visual feature;
9.
Character as a particularly fine or unique example of a utilitarian
structure, including but not limited to farmhouses, gas stations,
or other commercial structures, with a high level of integrity or
architectural significance;
10.
Listing on the National Register of Historic Places; and
11.
Suitability for preservation or restoration.
B.
Any
structure, property, or area that meets one or more of the above criteria
shall also have sufficient integrity of location, design, materials,
and workmanship to make it worthy of preservation or restoration.
[Ord. No. 1212 §1, 9-6-1995]
A.
The Landmarks Commission shall within forty-five (45) days from its receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 420.300 of this Article. The resolution shall be accompanied by a report to the Planning and Zoning Commission containing the following information:
1.
Explanation of the significance or lack of significance of the nominated
landmark or historic district as it relates to the criteria for designation;
2.
Explanation of the integrity or lack of integrity of the nominated
landmark or historic district;
3.
In the case of a nominated landmark found to meet the criteria for
designation:
4.
In the case of a nominated historic district found to meet the criteria
for designation:
a.
The types of significant exterior architectural features of the structures
within the nominated historic district that should be protected;
5.
Proposed design guidelines for applying the criteria for review of
applications for Certificates of Appropriateness to the nominated
landmark or historic district;
6.
The relationship of the nominated landmark or historic district to
the ongoing effort of the Landmarks Commission to identify and nominate
all potential areas and structures that meet the criteria for designation;
and
7.
A map showing the location of the nominated landmark and the boundaries
of the nominated historic district.
B.
The
recommendations and report of the Landmarks Commission shall be sent
to the Planning and Zoning Commission within seven (7) days following
the vote on the resolution and shall be available to the public in
the office of the City Clerk.
[Ord. No. 1212 §1, 9-6-1995]
A.
When
drafting the design guidelines for applying the criteria for review
of applications for Certificates of Appropriateness to a nominated
landmark or historic district, the Landmarks Commission shall, at
a minimum, consider the following architectural criteria:
1.
Height. The height of any proposed alteration or
construction should be compatible with the style and character of
the landmark and with surrounding structures in a historic district.
2.
Proportions of windows and doors. The proportions
and relationships between doors and windows should be compatible with
the architectural style and character of the landmark and with surrounding
structures within a historic district.
3.
Relationship of building masses and spaces. The
relationship of a structure within a historic district to the open
space between it and adjoining structures should be compatible.
4.
Roof shape. The design of the roof should be compatible
with the architectural style and character of the landmark and surrounding
structures in a historic district.
5.
Landscaping. Landscaping should be compatible with
the architectural character and appearance of the landmark and of
surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration,
construction, or partial demolition should be compatible with its
architectural style and character and with surrounding structures
in a historic district.
7.
Directional expression. Facades in historic districts
should blend with other structures with regard to directional expression.
Structures in a historic district should be compatible with the dominant
horizontal or vertical expression of surrounding structures. The directional
expression of a landmark after alteration, construction, or partial
demolition should be compatible with its original architectural style
and character.
8.
Architectural details. Architectural details including
materials, colors, and textures should be treated so as to make a
landmark compatible with its original architectural style and character
and to preserve and enhance the architectural style or character of
a landmark or historic district.
[Ord. No. 1212 §1, 9-6-1995]
The Planning and Zoning Commission shall schedule a public hearing
on a nomination within thirty (30) days following receipt of a report
and recommendation from the Landmarks Commission that a nominated
landmark or historic district does or does not meet the criteria for
designation. Notice of the date, time, place, and purpose of the public
hearing and a copy of the completed nomination form shall be sent
by certified mail to each owner of record of the nominated landmark
or of property within the proposed historic district at least fifteen
(15) days prior to the date of the hearing. Notice shall also be published
not less than five (5) days in advance of the hearing in a newspaper
having general circulation in the City of Hermann. The notice shall
state the street address and legal description of a nominated landmark
and the boundaries of a nominated historic district.
[Ord. No. 1212 §1, 9-6-1995]
Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any interested person. The Landmarks Commission may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 420.300 of this Chapter. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine witnesses. The hearing shall be closed upon completion of testimony.
[Ord. No. 1212 §1, 9-6-1995]
Within thirty (30) days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be evidenced by resolution of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 420.300 of this Article and the nominated landmark or historic district and all other information required by Section 420.310 of this Article.
[Ord. No. 1212 §1, 9-6-1995]
Notice of the determination of the Planning and Zoning Commission,
including a copy of the report, shall be sent by regular mail to each
owner of record of a nominated landmark and of all property within
a nominated historic district and to the nominator within seven (7)
days following a determination by the Planning and Zoning Commission
that the nominated landmark or historic district does meet the criteria
for designation. A copy of the resolution and report accompanied by
a recommendation that the nominated landmark or historic district
be designated shall be sent to the Board of Aldermen.
[Ord. No. 1212 §1, 9-6-1995]
In the event of a determination by the Planning and Zoning Commission
that the nominated landmark or historic district does not meet the
criteria for designation, the nominator or any owner of the nominated
landmark or of property within the nominated historic district may
within thirty (30) days after the postmarked date of the notice of
the determination file with the City Clerk a written appeal to the
Board of Aldermen.
[Ord. No. 1212 §1, 9-6-1995]
The Board shall, within sixty (60) days after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or historic district by ordinance. The Board may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Section 420.340 of this Article. The City Clerk shall provide written notification of the action of the Board by regular mail to the nominator, appellant and each owner of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the resolution or designation ordinance passed by the Board and shall be sent within seven (7) days of the Board action. A copy of each designation ordinance shall be sent to the Landmarks Commission and the Planning and Zoning Commission.
[Ord. No. 1212 §1, 9-6-1995]
A determination by the Board of Aldermen that a nominated landmark
or historic district does or does not meet the criteria for designation
shall be a final administrative decision reviewable by a court of
competent jurisdiction under the Missouri Administrative Procedures
Act.
[Ord. No. 1212 §1, 9-6-1995]
Upon designation, the landmark or historic district shall be
classified as a District "HO" "Historic Overlay District" or "Landmark";
and, with respect to landmarks, the designating ordinance shall prescribe
the significant exterior architectural features; the types of construction,
alteration, demolition, and removal that should be reviewed for appropriateness;
and the design guidelines for applying the criteria for review of
applications for Certificates of Appropriateness.
[Ord. No. 1212 §1, 9-6-1995]
No action involving the alteration, construction, demolition,
or removal of a nominated landmark or of any property or structure
within a nominated historic district shall be initiated from the date
of the meeting of the Landmarks Commission at which a nomination form
is first presented until the final disposition of the nomination by
the Board of Aldermen unless such alteration, removal, or demolition
is authorized by formal resolution of the Board of Aldermen as necessary
for public health, safety, or welfare. In no event shall the delay
be for more than one hundred eighty (180) days.
[Ord. No. 1212 §1, 9-6-1995]
Designation of a landmark or historic district may be amended
or rescinded upon petition to the Landmarks Commission and compliance
with the same procedure and according to the same criteria set forth
herein for designation.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §1, 2-23-1999; Ord.
No. 1318 §1, 10-25-1999]
A.
A Certificate
of Appropriateness shall be required before the following actions
may be undertaken affecting the exterior architectural appearance
of any landmark or property within a historic district or affecting
a significant exterior architectural feature as specified in the ordinance
designating the landmark or historic district:
B.
No
Certificate of Appropriateness shall be required for the following
actions if undertaken as part of the maintenance of a building or
structure and if the materials and installation techniques comply
with all applicable Codes or other requirements of the Municipal Code:
1.
Repainting any exterior surface, including tin or other metal roofing,
of the building in the same color as then exists or in any color included
in the chart of historically appropriate colors maintained in the
office of the Zoning Inspector.
2.
Tuckpointing, if the mortar matches the current color and texture.
3.
Replacing exterior entry lights with a similar type of light.
4.
Replacing guttering and/or down spouts with the same style and color
as then exists.
5.
Replacing windows, doors, or roofing with the same style as then
exists, but not necessarily the same material composition.
6.
Replacing shutters with similar size and style as then exists, but
not necessarily the same material composition; provided that each
shutter shall be one-half (½) the width of the window and the
same height as the overall height of the window.
7.
Repairing out-buildings to look essentially as they were before the
onset of the current state of disrepair.
8.
Repairing or replacing existing fencing with the same style as then
exists, but not necessarily the same material composition.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §1, 2-23-1999]
Every action for which a Certificate of Appropriateness is required pursuant to Section 420.430 shall require the submission of a written application to the Landmarks Commission. Any applicant may request a meeting with the Landmarks Commission before or during the review of the application. Application for review of construction, alteration, demolition, or removal for which a Certificate of Appropriateness is required shall be made on a form prepared by the Landmarks Commission and available at the office of the City Clerk. Applications shall include drawings, specifications, and such other relevant information as may be requested by the Landmarks Commission. The Landmarks Commission shall consider the completed application at its next regular meeting. The Landmarks Commission may call a special meeting to review routine applications for a Certificate of Appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant. A Certificate of Appropriateness may be issued or, if previously issued, modified prior to the next regular meeting upon the signatures of three (3) of the members of the Landmarks Commission.
[Ord. No. 1212 §1, 9-6-1995]
The Landmarks Commission shall review the application for a
Certificate of Appropriateness and issue or deny the Certificate of
Appropriateness within forty-five (45) days of receipt of the application.
Written notice of the approval or denial of the application for a
Certificate of Appropriateness shall be provided to the applicant
within seven (7) days following the determination and shall be accompanied
by a Certificate of Appropriateness in the case of an approval.
[Ord. No. 1212 §1, 9-6-1995]
A.
In
considering an application for a Certificate of Appropriateness, the
Landmarks Commission shall be guided by the following general standards
in addition to any design guidelines in the ordinance designating
the landmark or historic district:
1.
Every reasonable effort shall be made to provide a compatible use
for a property that requires minimal alteration of the building, structure,
or site and its environment, or to allow use of a property for its
originally intended purpose.
2.
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
feature should be avoided when possible.
3.
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and that
seek to create an earlier appearance shall be discouraged.
4.
Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features are examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
6.
Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical, or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
8.
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
9.
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
10.
Recognition shall be given to the need for greater flexibility in
the permitted design and means of construction or repair of structures
located in areas classified for commercial uses, in contrast with
more rigorous standards which may be appropriate in residential areas.
11.
Every reasonable effort shall be made to enable the preservation
and expansion of the economic productivity of commercial enterprises
located within areas classified for such use, including the construction
of new structures where space permits and if compatible and in harmony
with the prevailing character or architectural style of the local
area.
[Ord. No. 1212 §1, 9-6-1995]
A denial of a Certificate of Appropriateness shall be accompanied
by a written statement of the reasons for the denial. The Landmarks
Commission shall make recommendations to the applicant concerning
changes, if any, in the proposed action that would cause the Landmarks
Commission to reconsider its denial and shall confer with the applicant
and attempt to resolve as quickly as possible the differences between
the owner and the Landmarks Commission. The applicant may resubmit
an amended application that takes into consideration the recommendations
of the Landmarks Commission.
[Ord. No. 1212 §1, 9-6-1995]
A.
After denial of a Certificate of Appropriateness, an applicant may submit an Application for a Certificate of Economic Hardship. Such application shall be made on a form prepared by the Landmarks Commission and available from the office of the City Clerk. The Landmarks Commission shall schedule a public hearing concerning the application and provide notice in the same manner as provided in Section 420.340 of this Article and as otherwise provided by law for meetings of public bodies, and any person may testify at the hearing concerning economic hardship in the same manner as provided in Section 420.340 of this Article.
B.
The
Landmarks Commission may solicit expert testimony or require that
the applicant for a Certificate of Economic Hardship make submissions
concerning any or all of the following information before it makes
a determination on the application:
1.
Estimate of the cost 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 Landmarks Commission for
changes necessary for the issuance of a Certificate of Appropriateness;
2.
A report from a licensed structural engineer or architect or other
construction professional with experience in rehabilitation as to
the structural soundness of any structures on the property and their
suitability for rehabilitation;
3.
Estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition,
or removal; after any changes recommended by the Landmarks Commission;
and, in the case of a proposed demolition, 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 structure;
5.
Assessed value of the property according to the two (2) most recent
ad valorem tax assessments;
6.
Real estate taxes for the previous two (2) years;
7.
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited liability company,
limited partnership, joint venture, or other;
8.
Any other information considered necessary by the Landmarks Commission
to make a determination as to whether the property does yield, or
may yield, a reasonable return to the owner.
C.
In
addition to the foregoing information which the Landmarks Commission
may solicit or require the applicant to provide, the applicant may
provide the following information with respect to any application
for a Certificate of Economic Hardship:
1.
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 applicant and the person from
whom the property was purchased, and any terms of financing between
the seller and buyer;
2.
If the property is income-producing, the annual gross income from
the property for the previous two (2) years; itemized operating and
maintenance expenses for the previous two (2) years; and depreciation
deduction and annual cash flow before and after debt service, if any,
during the same period;
3.
Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two (2)
years;
4.
Appraisals obtained within the previous two (2) years by the owner
or applicant in connection with the purchase, financing, or ownership
of the property; and
5.
Any listing of the property for sale or rent, price asked, and offers
received, if any, within the previous two (2) years.
[Ord. No. 1212 §1, 9-6-1995]
A.
The
Landmarks Commission shall review all the evidence and information
required of an application for a Certificate of Economic Hardship
and make a determination within forty-five (45) days of receipt of
the application whether the denial of a Certificate of Appropriateness
has deprived, or will deprive, the owner of the property of reasonable
use of, or economic return on, the property. Written notice of the
determination shall be provided to the applicant within seven (7)
days following the determination and shall be accompanied by a Certificate
of Economic Hardship in the event of an approval.
B.
If
a Certificate of Economic Hardship is issued, the applicant may take
the actions authorized therein as if a Certificate of Appropriateness
had been issued.
[Ord. No. 1212 §1, 9-6-1995]
All work performed under a certificate issued by the Landmarks
Commission shall conform to the approved application and plans and
approved amendments thereof and other related documents upon which
the Landmarks Commission based its approval.
[Ord. No. 1212 §1, 9-6-1995]
The Landmarks Commission may revoke a Certificate of Appropriateness
or Certificate of Economic Hardship issued under the provisions of
this Article in case the work performed under the certificate is not
in conformance with the certificate or condition of the certificate
as specified above in this Article, or in case there has been any
false statement or misrepresentation as to a material fact in the
application or plans on which the certificate was based.
[Ord. No. 1212 §1, 9-6-1995]
A determination by the Landmarks Commission that an application for a Certificate of Appropriateness or Certificate of Economic Hardship be granted or denied may be appealed by any person aggrieved by the determination or by any officer, department, board or bureau of the City affected by any decision of the Landmarks Commission, in the same manner as provided by Section 420.820(D) of this Chapter.
[Ord. No. 1212 §1, 9-6-1995]
Nothing in this Article shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural element of any
building or structure.
