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October 14, 2002 <br />Page 26 of 35 <br />Mr. Schenk: Yes. It has got to go it starts with this commission. It must go ultimately <br />through Planning and Zoning for their process and public hearings and notices; and <br />then ultimately the City Council for Council's public hearing and adoption. So this <br />is not going to be an overnight, a matter of overnight as far as being done. I think <br />it is intended to be that way. I think it is intended to have careful scrutiny and <br />review. But this part touches on the designation by this commission and when we <br />get to the latter part of this ordinance we will deal with these other issues. But it says <br />that property owners within the proposed historic district must receive notice. At the <br />part above that it touches on, and in this ordinance of course in greater detail, <br />regulations, design guidelines and other appropriate regulations concerning the <br />exterior and site development and redevelopment of a historic district may be <br />recommended by the commission. I will substitute the word "may" and put in there <br />"shall." The commission must also designate, review state and federal standards for <br />the kinds of changes that are permissible to these structures and then attempt to <br />establish a set of regulations that regulate that activity appropriate to those respective <br />districts. So you may have Historic District 1 that has a set of regulations that may <br />be done to that and within that district, you may have retail, commercial, residential <br />property. Then you may have Historic District 2 that has a different set of <br />regulations applicable to it and in which you may have, again, retail, residential, <br />commercial properties. But me, I have an easier time understanding it if I think of <br />the first set of colors on the map and then I put colors on top of it that are like an <br />overlay of requirements. <br />7-156 provides that ordinary, what is called ordinary maintenance or repair, is not <br />to be prohibited by that but it is defined "work that does not constitute a change in <br />design, materials, color, or outward appearance and include in-kind replacement or <br />repair." So basically if you are not changing anything you don't need to get a permit. <br />That is an easy way to understand that. <br />7-157 is important because in contrast to what the Building and Standards <br />Commission does, which is issue orders to tear down, this commission issues what <br />is called Certificates of Appropriateness. Those certificates, as set out at the bottom <br />of page seven and the top of page eight, are to be approved by this commission that <br />designates the particular kind of changes that can be made beyond what is referred <br />to as ordinary maintenance. And so that will be one of the functions of this <br />commission. Not only establish generalized guidelines, which presumably if you <br />came in and you wanted to do something to your property and it is in the general <br />guidelines then it is a cake walk. But if you have something that is a departure from <br />those regulations or are not covered by the regulations then certainly that would be <br />more difficult in terms of getting this particular certification, the Certificate of <br />Appropriateness. What this is talking about, first of all, I emphasize under 7-157, <br />is a Certificate of Appropriateness for repair, for modification, alteration, change, <br />those kinds of things still preserving the property. When we get to the back I will <br />show you a different kind. Under page 9 it says: "Certificate of appropriateness <br />