(a) Demolition Prohibited; Exceptions. The demolition of a Historically Significant Property shall not be permitted unless one of the following conditions exist:
(1) Demolition has been ordered by the Administrator for public safety because of an unsafe or dangerous condition that constitutes an emergency.
(2) The owner demonstrates that the Historically Significant Property is either not habitable or otherwise not safe; or the Repair or Rehabilitation of the structure is not Economically Feasible and the property's condition did not result from damage which has been purposefully caused to the property, or allowed to occur due to the neglect of the owner or previous owners with the likely intention of making the Repair or Rehabilitation of the structure not Economically Feasible. No permit to demolish will be permitted under this paragraph (a)(2) or (3) hereof unless the owner or owner's representative obtains final approval from the Architectural Board of Review for the structure(s) which will replace the structure to be demolished.
(3) The owner demonstrates to the satisfaction of the Architectural Board of Review that denial of the demolition is inconsistent with a legitimate interest in the health, safety and welfare of the Municipality.
(4) The demolition request is for an inappropriate addition or a portion of a structure that is not historically significant, and, the demolition will not adversely affect those parts of the structure that are found to be a Historically Significant Property as determined by the Architectural Board of Review.
(b) Moving. No Historically Significant Property may be moved from its current location unless the Architectural Board of Review determines that the moving of the structure will not materially and adversely impact the historical character of the structures more than 50 years old in Proximity.
(Ord. 2019-39. Passed 8-13-19.)
(a) Nothing in this chapter shall be construed to prevent or delay the reconstruction, alteration or demolition of a structure or feature which has been ordered by the Administrator upon certification of an unsafe condition constituting an emergency.
(b) Similarly, nothing in this chapter shall be construed to govern or restrict routine maintenance activities, which do not represent alterations in exterior appearance.
(c) The owner of any structure, even if vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration. This provision shall be in addition to all other applicable provisions of the Building Code.
(Ord. 2019-39. Passed 8-13-19.)