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Exhibit B — Proposed New Chapter 165 <br />boundaries of any existing City Historic District. If so approved, the <br />Commission shall thereafter notify the Building Commissioner and any <br />property owners impacted by the modification of the District. <br />(9) Thereafter, the City shall review the placement of the official Historic <br />District signage and make modifications as necessary to ensure they are <br />properly located in the public right-of-way at all entranceways to the <br />modified district. <br />165.07 CONSTRUCTION, DEMOLITION OR ALTERATION TO LANDMARKS OR <br />PROPERTIES IN HISTORIC DISTRICTS. <br />(a) Review of Building Permit. An application made to the City for a building permit <br />for any of the following acts shall be subject to the provisions of this chapter: <br />(1) Exterior additions, alterations, reconstructions or demolitions of any <br />improvement which constitutes all or part of a designated landmark. <br />(2) Exterior additions, alterations, reconstructions or demolitions of any <br />improvement which constitutes all or part of a building or structure which <br />has not been designated as a landmark, but is located in a Historic District. <br />(3) New construction or erection of any improvement on property which has <br />not been designated as landmark, but is located upon land in a Historic <br />District. <br />(b) Review by Landmarks Commission. No building permit for any of the activities <br />set forth in subsection (a) above shall be issued except as provided otherwise in this chapter, or <br />unless it is accompanied by a Certificate of Appropriateness issued by the Landmarks <br />Commission. The Building Commissioner shall, within five days after receiving an application <br />for a building permit which seeks authorization for any of the foregoing activities, direct the <br />applicant to file an application for a Certificate of Appropriateness with the Landmarks <br />Commission. <br />165.08 EXEMPTED BUILDING ACTIVITIES. <br />The provisions of this chapter shall not apply to: <br />(a) The construction or placement of permitted accessory uses and structures as <br />identified in Section 1135.02 that are located in the rear yard of residential <br />property that are not visible from the public right-of-way; <br />(b) The construction or placement of satellite dishes with diameters less than thirty- <br />nine inches (except upon landmarks); and <br />(c) Any activity which consists of or only constitutes a repair, maintenance or <br />identical material replacement of a component of any building or other structure. <br />165.09 MAINTENANCE REQUIREMENTS. <br />(a) The owner of a landmark or structure located within a Historic District has the <br />duty to provide sufficient maintenance and upkeep for such structures to ensure its perpetuation <br />and to prevent its destruction by deterioration. Failure to comply with any Building and/or <br />Exterior Property Maintenance Code, or citation arising from such violation, may constitute <br />grounds for civil and/or criminal enforcement action. Owners and operators are prohibited from <br />recklessly permitting such failure to comply or other visible neglect which, if not abated and <br />corrected, would result in the imminent condemnation and demolition of any landmark or <br />building located within a Historic District. <br />(b) No person shall cause or commence demolition of any designated landmark, or <br />architectural feature thereof, or any building located within a Historic District (in whole or in <br />part) prior to compliance with Section 165.12. Any such unlawful demolition shall be punishable <br />by the criminal and civil penalties. <br />