A. Restriction: A permit or other entitlement which would allow any person to demolish any R-4 building may be issued only until such time as there have been issued in any one calendar year permits or other entitlements to demolish or convert such that an aggregate maximum of one percent (1.0%) of the existing multi-family residential rental stock as of January 1 of that calendar year could be demolished or converted. A permit or other entitlement to demolish shall not be issued if the total number of apartment units subject to such permits or entitlements which have been issued in that year would exceed the foregoing limitation upon issuance of that permit or entitlement. The actual physical number of apartment units that may be demolished in any given year shall be determined annually by the director of community development or his or her designee and shall be made available in the department of community development.
Notwithstanding the foregoing, in applying the annual limitation established by this section, a permit or other entitlement to demolish may be issued for a specific project to permit demolition of an existing R-4 building or buildings even if such demolition would exceed the foregoing limitation for the current calendar year, provided that at least fifty percent (50%) of the R-4 units in the project to be demolished can be accommodated under the remaining annual limitation for said calendar year, and further provided that granting the permit or other entitlement to demolish the R-4 units in the project will not cause the annual limitation established by this section to be exceeded by more than fifty (50) units for said calendar year.
B. Recycle Provision: If the building official determines that a demolition permit has expired and the building for which that demolition permit was issued has not been demolished, the total number of apartment units in that building which would have been subject to demolition shall be added to the number available for the year in which the demolition permit expires. A new permit or other entitlement to demolish shall not be issued to any person for demolition of such building for a period of three (3) months following expiration of the original permit.
C. Waiting List: If an applicant for a permit or entitlement to demolish an R-4 building is denied such permit or entitlement because of the provisions of this section, such applicant shall be placed on a waiting list. Applicants on the waiting list shall have priority over all other applicants for available permits or entitlements, with order of priority determined by the date the city determines that the original application is complete. An applicant on the waiting list shall be notified by the director of community development of the first available time which such permit or entitlement could be issued. Such applicant shall have two (2) weeks from the date of such notice to notify the director of his or her intent to accept such permit or entitlement. Failure to respond to the notice of the director within such time shall be deemed to be notice of intent of such applicant not to accept such permit or entitlement, and such applicant's name shall be removed from the waiting list. Upon receipt of notice of intent not to accept such permit or entitlement, or if two (2) weeks have passed from the date of the notice of availability without a response from such applicant, the director shall notify the next applicant on the waiting list to whom such permit or entitlement could be issued.
D. Exemption: The provisions of this article shall not apply to any of the following situations:
1. Demolition of the building has been mandated by law; or
2. Demolition of the building is required to comply with the provisions of subsection 4-5-511B of this code; or
3. Demolition of the building is necessary to accommodate construction of new multi-family residential rental housing units.
The number of apartment units mandated by court order to be demolished shall be counted for the purposes of this section in the year such units are ordered to be demolished by a court of competent jurisdiction. (Ord. 06-O-2497, eff. 4-6-2006)