(a) Requirements Before Demolition or Removal of Principal Structures on Commercial or Industrial Properties. No demolition or removal of a principal structure for which a demolition permit or Certificate of Appropriateness is required shall be permitted unless the requirements for the Certificate of Appropriateness or demolition permit have been satisfied. No demolition or removal of a principal structure in a Neighborhood Business District, General Business District, Downtown Business District, Community Service District, Innovation and Employment District, or Historic District (Overlay) that has been constructed prior to the calendar year of 1960 shall be permitted unless and until one of the following conditions is satisfied.
(1) The Director of Public Safety, Chief Building Official, Code Official, Fire Chief, City Engineer, Director of the Pickaway County Health District or their respective designees determines, in writing, to grant a demolition or removal permit based on causes such as fire or other source of property damage or loss, in order to:
A. Remedy a public safety hazard which cannot be reasonably cured and must be abated,
B. Remedy a public nuisance, or
C. The passage of ninety (90) calendar days following the date on which the Building Department receives an application for a demolition permit or a permit to move a principal structure, during which time the applicant has further made and filed in good faith all applications that are required by the City and County to secure approval of new development plans at the location of such property; and the new building(s) and/or structure(s) proposed for the location of such property conforms to the design requirements set forth by the City Board or Commission that grants a Certificate of Appropriateness, and any design requirements set forth by any other board or commission of the City, in order to proceed with new development plans. (Ord. 04-26-2023. Passed 4-4-23.)
(b) Approval. In addition, notwithstanding any other requirements, all approvals for such new development plan shall be based on the following factors:
(1) The new development plans are consistent with City Building and Zoning Ordinances, the Circleville Comprehensive Plan, and, if applicable, the Standards for Rehabilitation adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (formerly Part 67); and
(2) The new development plans are consistent with any historic or aesthetic features of the commercial, industrial, or mixed residential and commercial property being replaced and/or the nature and appearance of the surrounding neighborhood.
(c) Notification of Building Department. The Secretary of a Board or Commission receiving an application concerning a parcel of land on which a demolition is proposed shall immediately notify the Building Department of Compliance with the provisions of this subsection by any applicant that would allow and provide for the issuance of a demolition permit or a removal permit by the Chief Building Official.
(d) Public Notice. Within ten (10) days of the application for a demolition permit for a building or structure listed as a contributing structure or building in a designated National Historic District or individually listed on the National Register of Historic Places, or designated by Ordinance of City Council as a local landmark or for a building or structure located within a locally designated historic district, or designated as eligible for listing on the National Register of Historic Places by the Ohio Historic Preservation Office, the applicant shall post a sign, not smaller than nine (9) square feet in size, in the first floor window on the elevation facing the street or on the front of the building or structure with letters of at least twelve (12) inches in height that says "THIS BUILDING THREATENED" or 'THIS STRUCTURE THREATENED" as appropriate. In addition, the sign shall contain in type of at least thirty-six (36) point the date of filing of the application for a permit for demolition and the phone number of the City Safety Department to call for more information. The purpose of this sign is to inform the community that the building or structure is threatened and where to obtain a copy of the application and additional information. (Ord. 09-55-19. Passed 9-17-19.)
(e) Demolition or Removal Delay Period. The time period before a permit can be issued for the demolition or removal of a principal structure located in the Neighborhood Business District, General Business District, Downtown Business District, Community Service District, Innovation and Employment District, or Historic District (Overlay) is provided in order to permit the City, public agencies, civic groups and other interested parties a reasonable opportunity to study, comment and propose potential alternatives or modifications to the affected structure or the proposed new development plans. During such time period, if the City or other interested parties deem preservation appropriate, the applicant shall undertake meaningful and continuing discussions with the City and other interested parties to investigate the feasibility of all means of preserving the structure and the applicant shall make every reasonable effort to find a demolition alternative for the structure. If the applicant or a representative of applicant fails to meet with the City as requested, then the City may deny a demolition permit to demolish the structure. During such period, the owner of the structure shall also maintain or mothball the structure to prevent further deterioration. If no solution is found within the delay period, or any extension thereof, a Certificate of Appropriateness for demolition shall be issued. As part of the application for a demolition permit, the applicant shall sign an authorization or release granting the City the right to have a structural engineer, architect, and/or other professional chosen by the City to inspect the building. (Ord. 04-26-2023. Passed 4-4-23.)
(f) Extension of Demolition or Removal Delay Period. If reasonable efforts to find demolition alternatives are still being made by the City or the applicant at the expiration of the initial demolition or removal period, the City may extend such period for up to an additional ninety (90) days to complete investigation of the feasibility of potential means of preserving the structure.
(g) Personal Liability and Indemnity. Any Officer or Employee Acting for the City of Circleville in the discharge of his duties shall not thereby render himself liable, personally, and the officer or employee is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or authorized in the discharge of his duties. Any cause of action brought against an officer or employee because of such act performed by him in the enforcement of any provisions of this code shall be defended by the legal representative of the City until final determination of the proceeding therein.
(h) Permit. Demolition or removal permits shall comply with the regulations set forth within this chapter and those in Chapter 1111.
(i) Fees. All review and recording fees established pursuant to Section 141.02 of the Codified Ordinances shall be included with any application required by this section.
(Ord. 09-55-19. Passed 9-17-19.)