(a) The owner of a building or structure who desires to demolish all or part of a Historically Significant Property or an existing building within the Uptown Historic District shall file an application for a demolition permit with the Community Development Administrator. The Planning Commission shall approve or deny the application.
(b) The Planning Commission shall approve the demolition if one of the following conditions exists:
(1) Demolition has been ordered by a federal, state or local government official for reasons of public health and safety. In the case of imminent danger to the public health and safety as determined by a government official, demolition may occur prior to approval by the Planning Commission; or
(2) The demolition is requested for an inappropriate addition or a non contributing building, and the Planning Commission determines that the demolition will not adversely affect the character of the area, including the appearance of the overall scale, rhythm, design or unity of the streetscape; or
(3) The demolition is consistent with a plan or policy adopted by the City Council.
(4) If the demolition is approved, the Planning Commission shall state the grounds for approval and cite in support one of the subsections above in the Announcement of Decision.
(c) If none of the grounds listed in division (b) is found to exist, the Planning Commission shall approve the demolition only if the Planning Commission finds that the structure cannot be reused or cannot earn a reasonable economic return upon its value. If an owner requests approval of demolition for this reason, the Planning Commission shall follow these procedures:
(1) The Planning Commission shall hold a public hearing at its next regular meeting before acting upon the application.
(2) A notice shall be published in a newspaper of general circulation at least thirty (30) days prior to the public hearing.
(3) The owner shall present evidence at the hearing that supports the application for demolition, i.e. that the structure cannot be reused or the owner cannot earn a reasonable economic return upon its value. At the hearing the owner shall present evidence to demonstrate reuse potential, opportunities for an economic return upon its value or the lack thereof which supports the application for demolition.
(4) Following the hearing, the City or its designee shall, within ninety (90) days from the date of the hearing, formulate a reasonable plan for the preservation of the structure. If, prior to the expiration of the ninety (90) day period, the City or its designee identifies a preliminary plan for the preservation of the structure, an additional period of time not to exceed ninety (90) days to recommend a final preservation plan shall be granted.
(5) If a satisfactory and economically viable preservation plan is presented, the demolition shall not be approved. If an economically feasible preservation plan is not presented the demolition shall be approved.
(6) If the City or its designee takes no action to identify and recommend a preservation plan within the ninety (90) day period, or 180 day period if extended, the demolition shall be approved by the Planning Commission and a demolition permit shall be issued by the Community Development Administrator.
(7) As an alternative to demolition, the Planning Commission may approve the relocation of an existing building when:
A. The building would be harmonious with the historical and architectural character of the new surroundings; and
B. The relocation would preserve and protect a building of historical interest.
(d) The foregoing shall not apply when the demolition is part of a larger plan of development submitted to or approved by the Planning Commission.
(Ord. 3273. Passed 5-9-24.)