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7. <br />• Section 31-140.1. Restrictions on erection of new <br />buildings or alteration of existing <br />historically and/or architecturally <br />significant buildings or sites. <br />(a) No erection of new buildings or alteration of the exterior <br />appearance of existing landmarks, buildings or other structures or <br />sites which are subject to this article shall begin until the owner or <br />agent of such structure or site has first submitted an application in <br />accordance with division 3 of this article to the appropriate board <br />ef-arehsteetural-review and the that board has approved a certificate <br />of appropriateness for such activity. <br />(b) No structure within the architectural design control district <br />shall exceed a height of forty feet from grade to cornice line unless <br />the owner or developer thereof shall first have obtained a special <br />permit for residential higher density and for such additional height <br />from city council. Such special permit may be granted by city council <br />in that portion of the architectural design control district lying <br />south of High Street, pursuant to the procedures set forth in Article <br />XX, provided that: <br />• (1) No such permit shall allow a building height in <br />excess of seventy-five feet from grade to the cornice line; <br />and <br />(2) City council finds that such additional height is <br />appropriate to the particular location in question, does not <br />have an adverse impact on the scale and architectural harmony <br />of the architectural design control district, and permits <br />adequate sunlight and open air on the adjacent streets; and <br />(3) The height of the street facade in one plane of <br />any building constructed under such permit shall not be <br />higher than forty feet from the grade, and any portion of <br />the facade higher than forty feet shall have a setback of at <br />least twenty feet from the front and rear property lines; <br />and <br />(4) The special permit for seventy-five feet height <br />from grade to cornice line shall only be considered when <br />the proposed request encompasses an entire block of the city <br />as designated on the official U. S. census map; and <br />(5) In any building constructed under such permit, the <br />total area of any floor constructed more than forty feet <br />above grade shall not exceed fifty percent of the total site <br />area of the proposed development; and <br />(6) The board of architectural review shall have an <br />. opportunity to review and comment on the concept of a pro- <br />posed development and site plan, before review by the <br />planning commission at a scheduled public hearing at which <br />