Historic district plan review and approval process

A. For any building or structure within any historic district established in this article, and for any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), the cultural resources commission shall have the authority to approve all plans. B. Application for an appropriate permit to construct, alter, repair, modify, move or demolish any building or structure in the historic districts established in this article, or any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), shall be made to the director of public works. The director of public works shall immediately notify the chair of the cultural resources commission of the receipt of the application and shall transmit it together with accompanying plans and other information to the cultural resources commission. The cultural resources commission may delegate the approval of certain minor applications to the planning director pursuant to the cultural resources commission's rules of practice and procedure. C. The cultural resources commission shall meet within ninety days after notification by the director of public works of the filing of the application, unless otherwise mutually agreed upon by the applicant and cultural resources commission, and shall review the plans according to procedures as set forth in this article. D. The cultural resources commission shall approve or disapprove such plans and, if approved, shall issue a letter of approval signed by the chair of the cultural resources commission, or the chair's designee, and attached to the application for a building permit, and immediately transmit it to the director of public works. E. If the cultural resources commission disapproves such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons in writing to the director of public works, and the applicant. The cultural resources commission may advise the applicant what it thinks is proper if it disapproves the plans submitted. The applicant may make modifications to the plans and shall have the right to resubmit the application at any time after so doing. The decision of the cultural resources commission to disapprove such plans shall be considered a final decision of the cultural resources commission that is appealable under section 91-14, Hawaiʻi Revised Statutes. F. The failure of the cultural resources commission to approve or disapprove such plans within ninety days from the date of submittal of a complete application for the building permit, unless otherwise mutually agreed upon by the applicant and the cultural resources commission, shall be deemed to constitute approval and the director of public works shall proceed to process the application without regard to a letter of approval. G. Within any historic district established in this article, and for any building or structure of historic significance in the Lahaina Historic District (National Historic Landmark), the director of public works shall not approve a building or demolition permit application unless a letter of approval has been issued by the cultural resources commission or the plans have been deemed approved pursuant to subsection 19.52.020 (F). H. For the purposes of this article, buildings or structures of historic significance shall be those that are more than fifty years old and that are deemed by the State historic preservation officer to be eligible for listing in the National Register of Historic Places, based on federal criteria. (Ord. No. 4026, § 10, 2013; Ord. 757 § 1(b), 1973; prior code § 8-3.7)