Sec. 42-516. - Penalties.

It shall be unlawful for anyone to fail to submit a plan as provided in section 42-524 or to fail to begin mandated improvement to their property within two years, or to fail to complete mandated improvements to their property within three years, or to violate or fail to comply with any order of the design review commission and the department of licenses and inspections promulgated pursuant to this article. Any person found to have violated any provision of this section may be fined not less than $25.00 or more than $100.00. Each day of such violation shall be a separate offense, separately punishable with a fine as provided in this section.

(Code 1968, § 45-139(k))

Sec. 42-517. - Purpose.

The purpose of this article is to provide for the designation of a Market Street Mall improvement district in order to create a legal framework within which property owners and businesses on the Market Street Mall may safely improve their building facades and make other structural and aesthetic improvements with the assurance that nearby properties will also be improved. Such improvements are designed to prevent hazards to public safety and to create an environment which will promote economic utilization and revitalization of commercial properties on the Market Street Mall.

(Code 1968, § 45-139(a))

Sec. 42-518. - Legislative findings.

It is hereby determined and declared as a matter of legislative finding that:

(1)

The Market Street Mall located in the center of the city is the most significant commercial area within the city, and as such its continued vitality and renovation are essential to the progressive economic improvement of the city.

(2)

The revitalization and improvement of the Market Street Mall would serve to enhance the entire center city area and would provide a much needed commercial center within the city which would be an amenity to all residents of the city, especially elderly and handicapped residents who have limited access to suburban malls and shopping centers, as well as those residents without access to private transportation.

(3)

The existence of poorly maintained and inappropriate storefronts on the Market Street Mall has created a depressed economic climate on the mall and hindered future growth by deterring area businesses from improving their structures. The adoption of standards for mall improvement is necessary and vital to the plans of both the city and area businesses for overall improvement and revitalization of the Market Street Mall.

(4)

It is the intent of this article to aid in the beautification of Market Street Mall while at the same time offering mall occupants the opportunity to advertise their business in an attractive manner in keeping with tasteful standards. Anything which would minimize potential development by detracting from the mall's attractiveness is hereby discouraged.

(Code 1968, § 45-139(b))

Sec. 42-519. - Designation of review district.

There is hereby created a Market Street Mall improvement district, which will include all properties fronting the Market Street Mall and located between Fourth Street and Ninth Street.

(Code 1968, § 45-139(c))

Sec. 42-520. - Design review commission.

(a)

The design review commission of the city shall be and hereby is designated and appointed as the reviewing body for compliance with the standards set forth in this division. The commission shall have full powers to review all plans for improvements affecting facades and shall review and approve or disapprove of such plans in accordance with the standards set forth in this division.

(b)

The design review commission shall further have the authority to vary the strict requirements set forth in this division when a majority of its members determine that the strict application of the provisions of this division is in conflict with the purpose or legislative intent of this division as set out in sections 42-517 and 42-518 respectively; provided, however, that the commission shall set forth its findings in writing.

(c)

The design review commission shall have full authority to order compliance with the standards of this division and may issue such orders as are provided for in this division and such other orders as it deems necessary to obtain compliance with the Market Street Mall improvement district standards.

(Code 1968, § 45-139(h))

Design review commission, § 2-66 et seq.

Sec. 42-521. - Uses.

Nothing contained in this division or in the designation of property as being within the Market Street Mall improvement district shall affect the present legal use of any property therein. Use classifications for all property included within the district shall continue to be governed by the zoning code of the city and the procedures there established.

(Code 1968, § 45-139(e))

Sec. 42-522. - Other standards.

This division is intended as a supplement and complement to the building and housing codes of the city. Nothing contained in this division shall be construed as repealing the applicability of any provision of the housing or building codes to the Market Street Mall improvement district. Instead, the requirements of this division shall be in addition to such standards as are set forth in the building and housing codes of the city.

(Code 1968, § 45-139(f))

Sec. 42-523. - Ordinary repairs and maintenance.

Nothing in this division shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures located within the district. Specifically, maintenance and repairs which do not involve a change in design, material, color or the outward appearance of a structure may be performed without the approval otherwise required in this division. Also, this division shall not prevent the construction, reconstruction, alteration or demolition of any feature which a building inspector or similar city agent shall certify as being an immediate danger to the public health, safety or welfare.

(Code 1968, § 45-139(g))

Sec. 42-524. - Procedures.

(a)

The department of licenses and inspections shall inspect the exterior of each structure located within the Market Street Mall improvement district, and shall also adopt a plan for periodic inspection of all such structures. After inspecting each structure, the department of licenses and inspections shall determine the minimum improvements, if any, which must be undertaken in order to comply with the Market Street Mall improvement district standards. The department of licenses and inspections shall then prepare a report setting forth the areas of each unit which must be renovated or repaired in order that they be brought into compliance with the standards of this division and shall transmit a copy of the report to the property owner and also to the design review commission.

(b)

Upon mailing of the report from the department of licenses and inspections, the property owner will have 180 days within which to submit designs for all improvements, alterations, repairs, rehabilitation or surface treatment, including painting, to the exterior of the building, and of all signs, to the design review commission. The commission shall consider such designs and shall either approve them or recommend changes to them. If the commission approves the design, it shall notify the department of licenses and inspections so that a building permit in conformity with such design may be issued upon request of the property owner.

(c)

If the design review commission does not approve of any plan submitted, it shall state its reasons in writing and shall return such designs as are not approved to the person submitting such designs. Such person shall then have 90 days within which to submit an alternate design.

(d)

It shall be unlawful for the property owner of record for any property, and/or any other person or group of persons with a substantial ownership interest in such property, to fail to submit a design to the design review commission within 180 days after the building inspection report is mailed, or within 90 days after a report of the design review commission recommending changes to submitted plans is mailed.

(Code 1968, § 45-139(i))

Sec. 42-525. - Period of compliance.

(a)

All property owners shall undertake the work necessary to meet the rehabilitation standards within two years after the mailing, by the department of licenses and inspections, of an inspection report on such property. All such improvements must be completed within three years after the mailing of such report. No property owner shall be relieved of a duty to make necessary improvements unless he can establish to the satisfaction of the design review commission that it is financially infeasible to undertake the repairs recommended; in which case, the owner will present an alternate design to the design review commission and the department of licenses and inspections.

(b)

For purposes of this division, facade and/or sign improvements shall be deemed to be financially infeasible as follows:

(1)

For an owner occupant or owner of a completely vacant property, if the cost of such improvements exceeds 50 percent of the market value of the property.

(2)

For nonowner occupants, if the cost of such improvement exceeds the total of five years' rental income estimated from at least three years' rental receipts for the three years prior to the one in which the improvements are being made.

(Code 1968, § 45-139(j))

Secs. 42-526—42-540. - Reserved.