All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(B) or the DPM.
This Subsection 14-16-6-6(B) applies to applies to any of the following:
6-6(B)(1)(a) Demolition of any structure that was constructed in or prior to 1945.
6-6(B)(1)(b) Demolition of any structure listed on the State and/or national historic register or that is a contributing structure in a State or national registered historic district.
6-6(B)(1)(c) Demolition of any structure that is at least 50 years old located in the following small areas, regardless of whether they are registered on a State or national historic register or are eligible for listing. If a structure is of unknown age, it shall be presumed that it is over 50 years old for the purposes of this Subsection 14-16-6-6(B).
1. Neon signs along Central Avenue in locations pursuant to Subsection 14-16-5-12(F)(4)(a) (Neon Signs along Central Avenue).
2. Downtown Small Area
3. Downtown Neighborhood Area - CPO-3
4. East Downtown - CPO-4
5. Nob Hill/Highland Small Area
6-6(B)(2)(a) The Historic Preservation Planner shall review the application involving demolition within 5 days after receipt of the application in order to determine whether to recommend review and decision by the Landmarks Commission (LC).
6-6(B)(2)(b) If the Historic Preservation Planner recommends demolition review by the LC, the LC shall notify the applicant and the Chief Building Official in writing within 5 days and conduct a public hearing at the next possible hearing date to decide whether a 120-day review period shall be invoked.
6-6(B)(2)(c) After receiving notice of demolition review from the LC, the applicant shall provide public notice and schedule any meetings required by Table 6-1-1.
6-6(B)(2)(d) Following a staff determination that the structure is subject to demolition review, no application involving demolition may Be approved prior to an LC hearing. If the Historic Preservation Planner does not notify the Chief Building Official within 5 calendar days of receipt of the application that the structure is subject to demolition review, the City may proceed to approve the application involving demolition.
6-6(B)(2)(e) The purpose of the public hearing is for the LC to decide whether a 120-day demolition review period shall be invoked. In order to foster discussion and possible resolution of issues between the City and the applicant, the LC may postpone the issuance of its decision if agreed to in writing by the applicant.
1. Upon a determination by the LC that the 120-day review period is to be invoked, the LC shall notify the Chief Building Official and applicant in writing. No permit for demolition, new construction, or alterations on the premises shall be issued during the review period. If the LC does not notify the Chief Building Official in writing within 21 calendar days of the public hearing that the review period is to be invoked, the Chief Building Official may approve the application involving demolition.
2. A "Determination of No Feasible Alternative" may be issued during the public hearing if the LC finds that, for a structure that otherwise meets the requirements for the 120-day demolition review period, there is no feasible alternative to demolition.
3. If the LC determines that the 120-day review period is not to be invoked, the LC shall so notify the Chief Building Official and applicant in writing. The Chief Building Official may then approve the application involving demolition.
6-6(B)(2)(f) The Chief Building Official may approve the application involving demolition upon expiration of the 120-day review period if a City landmark designation has not been initiated or some other means of preserving the structure intact has not been agreed to in writing by the LC and the applicant; however, no permit for demolition of a structure subject to the 120-day review period shall be granted, even after expiration of the review period, until all plans for future use and development of the site have been submitted to the Chief Building Official and have been found to comply with all laws pertaining to the issuance of a building permit, or, if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy, including but not limited to any necessary Variances, Waivers, or permits, must be granted, and all appeals from the granting of such approvals must be concluded prior to the approval of an application involving demolition under this Subsection 14-16-6-6(B).
6-6(B)(2)(h) If after an inspection, the Chief Building Official finds that a structure subject to the 120-day review period poses an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the structure, then the Chief Building Official may issue an emergency demolition permit to the owner of the structure. The Chief Building Official shall then prepare a report explaining the condition of the structure and the basis for his/her decision, which shall be forwarded to the LC.
6-6(B)(3)(a) The Historic Preservation Planner shall review the application involving demolition based on the following criteria:
1. The structure's historic, architectural, engineering, or cultural significance.
2. The structure's potential to contribute to the city's economic development or tourism industry.
3. The structure's potential to enhance the city's heritage and historical identity.
4. Whether the structure is unique or one of the last remaining examples of its kind in the neighborhood, the city, or the region.
5. The structure's condition.
6-6(B)(3)(b) To invoke the 120-day review period, the LC must find that, in considering the public interest, it is preferable that the structure be preserved or rehabilitated rather than demolished and use the criteria in Subsection (a) above and Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation) in its evaluation.
6-6(B)(3)(c) In determining whether the structure should be designated as a landmark, the LC shall apply the criteria Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).