§ 153.08 DEMOLITION, MOVING, OR NEW CONSTRUCTION.
   (A)   The City shall submit all requests for demolition or moving of an historic landmark and new construction on historical sites (landmarks) on which no structure exists to the Historic Preservation Officer who shall, within 21 days, schedule a public hearing of the Historic Landmarks Committee to review the request. A failure to review within 45 days shall be considered as an approval of the application.
   (B)   The Historic Landmarks Committee may approve, approve with conditions, or delay the issuance of a demolition permit, moving permit, or building permit. The Historic Landmarks Committee may delay a permit for up to 120 days from the date the request is received by the Building Department during which time it will provide the owner of the structure with possible alternatives for demolition, including information concerning local, state, and federal preservation programs.
   (C)   The Historic Landmarks Committee shall base its decision on the following criteria:
      (1)   The City’s historic policies set forth in the comprehensive plan and the purpose of this chapter;
      (2)   The economic use of the historic landmark and the reasonableness of the proposed action and their relationship to the historic landmark’s preservation or rehabilitation;
      (3)   The physical condition of the historic landmark;
      (4)   Whether the historic landmark constitutes a hazard to the safety of the public or its occupants;
      (5)   Whether the historic landmark is a deterrent to an improvement program of substantial benefit to the City which overrides the public interest in its preservation;
      (6)   Whether retention of the historic landmark would cause financial hardship to the owner not outweighed by the public interest in the landmark’s preservation; and
      (7)   Whether retention of the historic landmark would be in the best interests of a majority of the citizens of the City, as determined by the Historic Landmarks Committee, and, if not, whether the historic landmark may be preserved by an alternative means such as through photography, item removal, written description, measured drawings, sound retention, or other means of limited or special preservation.
   (D)   If the structure for which a demolition permit request has been filed has been damaged in excess of 70% of its assessed value due to fire, flood, wind, or other natural disaster, permit clearance may be given by the Historic Preservation Officer without processing the request through the Historic Landmarks Committee.
   (E)   Any permit may be conditioned by the Historic Preservation Officer or the Historic Landmarks Committee to secure interior and/or exterior documentation of the landmark prior to the proposed action. Required documentation shall consist of no less than 20 photographs of any affected area in digital or print (with negatives) form. Any permit may also be conditioned to preserve site landscaping such as individual plants or trees or to preserve selected architectural features such as doors, windows, brackets, moldings, or other details.
(Ord. 638, passed 5-7-2014)