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§ 30-1836 <br />(2) <br />(3) <br />(4) <br />(5) <br />(6) <br />ELK RIVER CODE <br />tares required to be demolished in <br />accordance with Minn. Stats. ch. 463. <br />e. Alter or remove a landform in whole <br />or in part. <br />The application for a site alteration per- <br />mitshall beaccompanied bydetailed plans, <br />including a site plan, building elevations <br />and design details, and materials neces- <br />sary to evaluate the request. The city <br />council shall make the determination <br />whether to approve or disapprove the <br />permit. <br />Reports by city staff: The building and <br />zoning administrator shall instruct the <br />appropriate staff persons to prepare tech- <br />nical reports where applicable, and pro- <br />vide general assistance in preparing a <br />recommendation on the action to the city <br />council. <br />Recommendation by heritage preservation <br />commission. The heritage preservation <br />commission shall review each application <br />and make its recommendation to the city <br />council relative to the request fora heri- <br />tage preservation site alteration permit. <br />Criteria for approval. The city council <br />shall approve, disapprove, and/or impose <br />conditions on a heritage preservation site <br />alteration permit after consideration of <br />the heritage preservation commission's <br />program for preservation and the Secre- <br />tary of the Interior's standards for reha- <br />bilitation, as revised, and, if applicable, <br />the recommendation of the planning com- <br />mission. <br />Findings by council. The city council shall <br />make findings as to whether a site alter- <br />ation permit application should be ap- <br />proved or disapproved, or conditions im- <br />posed, as determined by the criteria <br />specified in subsection (f)(4) of this sec- <br />tion. <br />Hearing. Prior to the city council making <br />its decision regarding an application for a <br />site alteration permit for a heritage pres- <br />ervation site, the city council shall hold a <br />public hearing on the application. Prior to <br />such hearing, the city council shall cause <br />to be published, in a newspaper of general <br />circulation, notice of the hearing, at least <br />ten days prior to the date of hearing. <br />Notice of the hearing shall be sent to all <br />property owners within 350 feet of the site <br />of the proposed heritage preservation al- <br />teration. <br />(7) Time limit for action by council. An appli- <br />cation for a site alteration permit shall be <br />acted on by the city council within 60 <br />days. If the heritage preservation commis- <br />sion cannot make a recommendation of <br />approval or disapproval to the city council <br />within this timeframe, the application shall <br />be forwarded to the city council for ap- <br />proval or disapproval of the permit with- <br />out the heritage preservation commission's <br />recommendations. <br />(g) Emergency repairs. In emergency situa- <br />tions where immediate repair is needed to protect <br />the safety of the structure and its inhabitants, the <br />building and zoning official shall have the author- <br />ity to enforce the city building code, and may <br />approve the repair without prior heritage preser- <br />vation commission or city council action. <br />(h) Custody of reports and other documents. <br />The office of the city clerk is designated as the <br />repository for at least one copy of all studies, <br />reports, recommendation, and programs required <br />under this section. <br />(i) Procedure for estab"lishment of district. <br />(1) Establishment of heritage preservation <br />site overlay zoning on a specific parcel of <br />land shall be by amendment to the city's <br />zoning map as provided by this article <br />and pursuant to the procedure set forth in <br />section 30-575. The heritage preservation <br />commission shall make findings as to <br />whether a proposed heritage preservation <br />site is eligible for heritage preservation <br />site overlay zoning as determined by the <br />standards specified in subsection (d) of <br />this section. If the heritage preservation <br />commission determines the site meets the <br />standards in subsection (d) of this section, <br />it shall forward its finding to the planning <br />commission with its recommendation that <br />CD30:150 <br />