§ 23-1-6 Temporary restraint of demolition.
A process is established for the review of proposed demolitions of structures which are located in areas where an application for HP designation is under consideration.
(A) It is the purpose of this article to preserve structures of historic or architectural significance, but it is recognized that all areas of significance cannot be identified, analyzed and designated at one time. However, it is important to protect properties with potentially qualifying buildings from inappropriate demolitions until review and hearings can be completed for possible HP designation.
(B) The following procedures are established to ensure a review of all proposed demolitions of structures within areas under application for HP designation.
(C) No demolition permit shall be issued by the Building Official within the designated areas unless a demolition approval is issued by the HP Officer, the HP Commission or the City Council.
(D) These procedures shall apply to any building that is located within an area of an application for an HP District between such time as the application is initiated or filed and the time action is taken on the application by the City Council.
(E) Procedures for review of applications for a demolition permit:
(1) All applications for a demolition permit within these areas will be sent by the Building Official to the HP Officer. A demolition approval shall be issued by the HP Officer and the application returned to the Building Official if:
(a) The subject building is not 40 years old; or
(b) It is determined that the building contains no historic or architectural significance, nor is an essential contribution to other historic features in the area.
(2) Standards of review by the HP Officer shall include:
(a) The architectural or historical value or significance of the structure or feature and its relationship or contribution to the historic value of the property;
(b) The relationship of the exterior architectural features or landscape features to the remainder of the structure, site or property;
(c) The relation of historic or architectural features found on the site to other such features within the surrounding area;
(d) Any other factors, including aesthetic, which may be relevant to the historical or architectural aspects of the property;
(3) If a demolition approval is not issued then the application shall be set for a public hearing and decision according to the following procedures:
(a) The HP Officer shall review the application and shall conduct a public hearing within 14 days of the filing of an application for a demolition permit. Notice of the application shall be posted on the property at least five days before the date set for the public hearing. The HP Officer shall review the application in light of the standards set forth in subsection (E)(5) below and the evidence presented at the hearing and shall either grant or deny the application;
(b) Any person aggrieved by the HP Officer’s decision may, within five days of his or her action decision, appeal to the HP Commission. If appealed, the matter shall be set on the next available agenda of the Commission. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing and shall be posted on the property five days prior to the hearing;
(c) The Commission’s decision shall be final unless appealed by either the applicant or any aggrieved person within five days of the action decision. If appealed, the matter shall be set for a public hearing before the City Council at its next available meeting. The hearing shall be noticed and the property posted in accordance with subsection (E)(3)(b);
(d) In the event the initial hearing on an appeal to the HP Commission is not held within 60 days of the date the demolition permit application was filed, the application shall be deemed approved;
(4) In the event a demolition approval is denied, no permit for demolition shall be issued for one year from the date of the HP Officer’s initial hearing on the subject property unless a subsequent demolition approval has been requested and granted or until adoption of HP zoning for the property:
(a) If HP zoning has not been placed on the property at the time of expiration of the one year, the HP officer shall grant a demolition approval for the subject property;
(b) At the time of adoption of HP zoning, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition approvals at that time shall be regulated by § 23-1-13. Requests for demolition approvals shall be filed in accordance with the procedures of that section;
(5) A demolition permit shall only be granted if the applicant demonstrates:
(a) That the building is of minimal historic significance because of its location, condition, modifications or other factors and its demolition shall be inconsequential to historic preservation needs of the area; or
(b) If the building is determined to have historic or architectural significance that the denial of the demolition permit will result in an economic hardship to the property owner. Such hardship shall be determined in accordance with § 23-1-14;
(6) An application for a demolition permit shall be exempt from these demolition review requirements if the City Manager or his or her designee notifies the HP Officer in writing that the building has been ordered to be demolished in whole or in part by the City Manager or his or her designee;
(7) The provisions of this section apply to all areas of the City under application for HP designation on the effective date of this article and to all areas of the City for which applications for HP designation are initiated after the effective date of this article;
(8) A demolition approval may be conditioned on stipulations which provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts. (Ord. 2001-748, passed 6-25-2001)