§ 107-6. Review of permits.

(a)

Commission to review. The commission shall review all applications for issuance of city permits that are described in the provisions of subsection 107-6(b) of this Code, which involve any property that is designated as a Chatfield Heritage Landmark. The purpose of said review by the commission is to determine whether the proposed action is compatible with the prior designation of the site as a Chatfield Heritage Landmark. The application submitted to the commission shall be accompanied by a detailed plan for the proposed work.

(b)

Permits subject to review. The commission shall review an application for a building or other required permit which seeks to:

(1)

Erect, reconstruct, substantially alter, restore, remodel or repair a building or structure in any manner that will change the change the exterior appearance of the building or structure.

(2)

Provide for new exterior construction on or within a site.

(3)

Move an existing building on or off the site.

(4)

Demolish, whole or in part an existing building.

(5)

Repair, remove, replace an existing exterior sign, or erect a new sign.

(c)

Certificate of appropriateness required. No permit required by the provisions of subsection 107-6(b) shall be issued by the city unless the commission has issued the applicant a certificate of appropriateness. In its determination as to whether a certificate of appropriateness shall be issued the commission, shall consider and apply the United States Secretary of Interior's Standards for the Treatment of Historic Properties.

(d)

Commission action. After review of a permit application, the commission may:

(1)

Issue the applicant a certificate of appropriateness for the work requested.

(2)

Issue the applicant a conditional certificate of appropriateness, subject to certain modifications to the work requested.

(3)

Deny the issuance of a certificate of appropriateness.

In the event that the commission determines to issue a conditional certificate of appropriateness or deny the issuance of a certificate of appropriate, the commission shall set forth in writing its reasons for such modification or denial. The commission's review of an application for a permit is subject to the provisions of Minn. Stats. § 15.99.

(e)

Emergency repair. In an emergency situation where immediate repair is needed to protect the safety of the structure or inhabitants, the zoning administrator may approve the repair without prior commission action. In case of a permit issued pursuant to this subsection, the zoning administrator shall immediately notify the commission of said emergency approval and specify the facts or conditions constituting the emergency situation.

(f)

Appeal to the council. A permit applicant may appeal the commission's determination to issue a conditional certificate of appropriateness, or denial of a certificate of appropriateness to the council. In order to do so, the applicant must within ten days of receiving the written notice of modification or denial file a notice of appeal with the city clerk, together with a written statement of reasons setting forth the grounds of such appeal. The city clerk shall immediately thereafter transmit a copy of the appeal to the chair of the commission and also shall, if the date of the next regular council meeting is at least seven days hence, place the matter on the council's agenda for consideration at that meeting. In considering the appeal, the council may hear and determine the matter based upon the written application submitted to the commission and the written decision made by the commission. The council may affirm, reverse or modify the decision of the commission, using the criteria set forth in subsection 107-6(d) of this Code.

(Code 1999, §§ 15.4.1—15.4.9; Ord. No. 386, § 5(15.4), 12-8-2008)