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70E Landmarks Commission 165.08 <br />(2) If, upon receipt of a copy of an application for a building permit from <br />the Building Commissioner, the Commission finds, at a hearing or <br />hearings held in conformance with the provisions of Section 165.10 of <br />this chapter, that the proposed work is of a nature which will not <br />adversely affect or destroy any exterior architectural feature of the <br />Landmark and is appropriate or consistent with the spirit and purposes of <br />this chapter, the Commission shall issue a Certificate of Appropriateness <br />and this Certificate shall so advise the applicant and the Building <br />Commissioner, and issue a Certificate of Appropriateness, as soon as <br />practicable, but in no event longer than sixty (60) days after receiving the <br />application for the building permit. This Certificate shall be sufficient for <br />the applicant of a building permit to meet the requirements of subsection <br />(b) of Section 165.07. Upon receiving the Commission's Certificate of <br />Appropriateness, the Building Commissioner shall proceed with the <br />review of the application for a building permit in accordance with all <br />other applicable laws of the City. <br />(3) No substantial change shall be made in any application for a building <br />permit recommended pursuant to subsection (a)(1) or (a)(2) hereof for <br />approval by the Commission without resubmittal to the Commission, and <br />recommended approval of such changes in the same manner as was <br />required for the original application. <br />(b) Finding of Unacceptable Proposed Work. If the proposed work is found not <br />acceptable following hearing or hearings as referenced in subsection (a), the Commission shall <br />so advise the applicant and the Building Commissioner in a written report as soon as <br />practicable, but in no event longer than sixty (60) days after receiving the copy of the <br />application for the building permit. If no written report is made and transmitted by the <br />Commission within the said sixty (60) days, and the Building Commissioner is not notified that <br />this period has been extended for a reasonable period of time by the Commission as a result of <br />applicant delay or with the consent of the applicant, the application for the building permit <br />shall be processed by the Building Commissioner as if a Certificate of Appropriateness had <br />been issued, provided that no substantial change is made in the application. <br />(c) Further Action of Commission on Unacceptable Proposed Work. If the proposed <br />work is found to be not acceptable as outlined in subsection (b), the Commission, acting with <br />all due diligence, shall thereafter, after making its subsection (b) report to the Building <br />Commissioner, continue to review the application, conduct studies, and explore all means for <br />substantially preserving the Landmark which the Commission has found would be adversely <br />affected by the construction, demolition or other alteration proposed in the building permit <br />application. These reviews, studies and explorations shall involve further contact and <br />negotiations with the applicant, and may include, by way of example, but not limitation: <br />(1) Feasibility of modification of the plans; <br />(2) Feasibility of any alternative private use of the structure or structures <br />which would substantially preserve the original character thereof; <br />(3) Possibility of public acquisition for a public purpose of the structure or <br />structures involved. <br />July 2018 Replacement <br />