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that it may lawfully be affected without a permit from the building official, provisions <br />of this article to the contrary notwithstanding. <br /> <br /> This Chapter shall not prevent any repair, maintenance, painting or alteration of <br />any such feature which the building official shall certify to be required by the public <br />safety because of unsafe or dangerous condition. <br /> <br />Sec. 40-58. Certificate of intent. <br /> <br /> In reviewing an application for a certificate of intent, the committee shall consider <br />the same factors as are to be considered by a commission of architectural review in <br />a review under Section 40-54, but giving due consideration to the diverse ages, <br />characters and uses of building in the D-1 and D-2 Districts. <br /> <br />Sec. 40-58.1. Cerlificate of compliance. <br /> <br /> In reviewing an application for a certificate of compliance, the committee shall <br />consider whether the project conforms with the requirements of the certificate of <br />intent for such project and with the general standards set forth in 40-58. <br /> <br />Sec. 40-59. Appeals. <br /> <br />(a) <br /> <br />Appeals may be taken by the applicant or the director of planning from any <br />action or decision of the downtown design comm_ittee in granting or refusing <br />to grant a certificate of compliance or a certificate of intent pursuant to the <br />provisions of this article, to the city council for review, by setting forth in <br />writing the alleged error of the action or decision of the committee, provided <br />such petition is filed within 30 days after the committee's final decision. <br /> <br />(b) <br /> <br />Filing of an appeal shall stay the committee's decision pending outcome of the <br />appeal except that such filing will not stay the committee's decision if such <br />dec}sion denies the right to raze or demolish a building or structure. <br /> <br />(c) <br /> <br />Appeals may be taken by the applicant from any such city council action or <br />decision to the circuit court of the City of Portsmouth for review bY filing <br />a petition at law which sets forth the alleged error of the action or decision <br />provided that such petition is filed within thirty (30) days after the final <br />decision is rendered by the city council. <br /> <br />(d) <br /> <br />The filing of such petition stays the city council decision pending outcome <br />of the appeal to the court except that the filing of such petition shall not <br />stay the decision if such decision denies the right to raze or demolish a <br />building or structure. <br /> <br />86 <br /> <br /> <br />