§ 6.406. Demolition and Moving of Buildings and Structures.

It is the intent of this ordinance to preserve the historic and architectural resources within Historic Preservation Districts. However, it is recognized that there can be circumstances beyond the control of a property owner which may result in the necessary demolition of a structure within an Historic Preservation District. These circumstances include a building which constitutes an imminent safety hazard, which involves a resource whose loss does not diminish or adversely effect the integrity of the district, or which imposes an economic hardship on its owners.

A.

No permit shall be issued to move or demolish all or any part of a house, building, or other structure in a Historic Preservation District without approval of a Certificate of Appropriateness as established in Section 6.404 of this ordinance.

B.

A request for a demolition permit shall be exempt from these requirements if the Building Safety Director determines, according to the criteria set forth in the Uniform Code for the Abatement of Dangerous Buildings, that the building is an imminent safety hazard to the public and that necessary repairs would be impractical. The Building Safety Director shall first notify the Historic Preservation Officer in writing before issuing the demolition permit.

C.

If demolition approval is not granted, then no demolition permit shall be issued for a period of one (1) year, unless a subsequent demolition approval has been requested and granted. A subsequent demolition application may be made and granted for a property which has previously been the subject of a one (1) year demolition permit denial if new facts or circumstances can be presented in support of the application.

D.

Upon denial of a demolition approval, the Historic Preservation Officer shall contact the property owner to determine what assistance might be available to place the property into productive use. If a feasible rehabilitation or use is not found for the property, the Historic Preservation Officer shall investigate methods of private or public acquisition of the property.

E.

If demolition approval is granted on any basis other than that of an imminent hazard, economic hardship, or upon expiration of a restraint of demolition, a demolition permit shall not be issued until a redevelopment or reuse plan for the property has received a Certificate of Appropriateness. Vacant land or non-use shall not be considered responsive to this requirement. A redevelopment or reuse plan shall consist of a site plan illustrating building locations, parking, walls, and landscaping, as well as elevations showing roof lines, doors, windows, and other architectural details. A redevelopment or reuse plan shall also meet the requirements of Design Plan Review as required by the underlying zoning district.

F.

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. No. 1772, 6-23-93)