1133.09 DEMOLITION OR REMOVAL OF RESIDENTIAL STRUCTURES.
   (a)   Lakewood consists of very distinctive neighborhoods that were settled at different times during its development each with its own distinctive housing patterns, which are reflective of the time period during which these neighborhoods were nurtured during the growth of the City. Many of these residential neighborhoods are easily recognizable by their consistency of characteristics such as height, setbacks and side yards as well as their distinctive exterior façade design elements including, but not limited to, porches and steps, masonry, stoops, cornices and trims, doors and windows and other architectural styles and features, which over the years created a neighborhood environment and streetscape that brought neighbors together.
   In a correspondence from the Ohio Historic Preservation Office dated May 5, 1992, their opinion is that the entire City constitutes a single historic district, eligible for listing in the National Register of Historic Places. As stated in their letter, “The City is significant as a late nineteenth and early twentieth century streetcar suburb. The City is also unique in that for a community of its size and density it retains remarkable integrity to convey both its historic and architectural significance.”
    As a result of the Ohio Historic Preservation findings, the City encourages conservation, preservation, redevelopment, and revitalization of residential neighborhoods to preserve their unique environments and for the public welfare of the City. The City acknowledges as a matter of public policy that the preservation and protection of residential neighborhoods is required for the health, safety and welfare of the people.
   (b)   Requirements Before Demolition or Removal of Principal Structures on Residential Properties. No demolition or removal of a principal structure, built in 1945 or earlier, in an R1H Single-Family, high density, R1M Single-Family, medium density, R1L Single-Family, low density, R2 Single- and Two-Family, L Lagoon, MH Multiple-Family, high density and ML Multiple-Family, low density, Residential Districts shall be permitted unless and until one (1) of the following conditions is satisfied:
      (1)   The Safety Director of the City authorizes the Commissioner to grant a demolition or removal permit, based on causes such as fire or other source of property damage or loss, in order to remedy conditions immediately dangerous to life, health or property, or to remedy a nuisance, as jointly determined and recommended by the Commissioner, the Fire Chief, and the City Engineer; or (Ord. 24-2016. Passed 5-2-2016.)
      (2)   The passage of 180 days following application to the Commissioner for a demolition permit or permit to move a principal structure, during which time the applicant has further made good faith application to all required boards and commissions of the City for approval of a new principal structure at the location of such property; or
      (3)   The proposed principal structure at the location of such property conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review, and by any other required boards and commissions of the City, in order to proceed with the new principal structure. In addition, notwithstanding any other requirements, all approvals for such proposed principal structure shall be based on the following factors:
         A.   The proposed principal structure is consistent with the Code, the Vision and the “Standards for Rehabilitation” adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (Formerly of Part 67); and
         B.   The proposed principal structure is consistent with any historic or aesthetic features of the residential property being replaced and/or the nature and appearance of the surrounding neighborhood.
         C.   The Secretary of all such required boards and commissions of the City shall immediately notify the Commissioner of compliance with the provisions of this section by any applicant that would allow and provide for the issuance of a demolition permit or a removal permit by the Commissioner.
   (c)   Demolition or Removal Delay Period. The time period before a demolition or removal permit can be issued in an R1H, R1M, R1L, R2, L, MH and ML is provided in order to permit the City, public agencies, civic groups and other interested parties a reasonable opportunity to study, comment and propose potential alternatives or modifications to the proposed new principal structure. During such time period, if the City and other interested parties deem preservation appropriate, the applicant shall undertake meaningful and continuing discussions with the City and other interested parties for the purpose of preserving such principal structure.
 
   (d)   A demolition or removal permit shall comply with the regulations set forth within this Chapter and those in Section 1171.03. 
   (e)   Fees. A review and recording fee, established pursuant to Section 1173.06, shall be included with the application.
(Ord. 124-05. Passed 2-6-2006.)