§ 1005.

CONFORMITY AND PERMITS

a.

No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work.

b.

(1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10.

2.

The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.

c.

Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages.

2.

The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural.

3.

Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required.

d.

The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department.

e.

After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, of if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10:

1.

When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district;

2.

When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects;

3.

When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, “ordinary maintenance and repairs” shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster;

4.

When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark’s or district’s designating ordinance as character defining features of the landmark or district.

f.

For purposes of this Article 10, demolition shall be defined as any one of the following:

1.

Removal of more than 25 percent of the surface of all external walls facing a public street(s); or

2.

Removal of more than 50 percent of all external walls from their function as all external walls; or

3.

Removal of more than 25 percent of external walls from function as either external or internal walls; or

4.

Removal of more than 75 percent of the building’s existing internal structural framework or floor plates unless the City determines that such removal is the only feasible means to meet the standards for seismic load and forces of the latest adopted version of the San Francisco Building Code and the State Historical Building Code.

g.

The following procedures shall govern review of the addition of murals to any landmark or contributory structure in a historic district:

1.

Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property owned by the City, no Certificate of Appropriateness shall be required. On such structures, the Art Commission shall not approve the mural until the HPC has provided advice to the Art Commission on the impact of the mural on the historical structure. The HPC shall provide advice to the Art Commission within 45 days of receipt of a written request for advice and information regarding the placement, size and location of the proposed mural;

2.

Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property that is not owned by the City, a Certificate of Appropriateness shall be required. The HPC shall not act on the Certificate of Appropriateness until the Art Commission has provided advice to the HPC on the mural. The Art Commission shall provide advice to the HPC within 50 days of receipt of a written request for advice and information regarding the proposed mural.

AMENDMENT HISTORY

History

(Amended by Ord. 222-72, App. 8/9/72; Ord. 227-92, App. 7/14/92; Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 140-06, File 052921, App. 6/22/2006; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

Divisions (e), (e)(2), (e)(3), (e)(4), (g)(1), and (g)(2) amended; Ord. 94-12, Eff. 6/20/2012.

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