(a) Purpose. A demolition delay overlay district is intended to encourage the preservation of historically significant buildings that are not located in a historic overlay district by helping the property owner identify alternatives to demolition.
(b) General provisions.
(1) The city plan commission or city council may initiate a demolition delay overlay district following the procedure in Section 51A-4.701, "Zoning Amendments."
(2) This section applies to any building located in a demolition delay overlay district that is at least 50 years old and meets one of the following criteria:
(A) the building is located in a National Register Historic District or is individually listed on the National Register of Historic Places;
(B) the building is designated as a Recorded Texas Historic Landmark;
(C) the building is designated as a State Archeological Landmark;
(D) the building is designated as a National Historic Landmark;
(E) the building is listed as significant in the 2003 Downtown Dallas/Architecturally Significant Properties Survey; or
(F) the building is listed as contributing in the 1994 Hardy-Heck-Moore Survey.
(c) Demolition delay process.
(1) Phase I.
(A) Upon receipt of a complete application to demolish a building that is in a demolition delay overlay district, the building official shall refer the application to the historic preservation officer.
(B) Within 10 days after the historic preservation officer receives an application to demolish a building within a demolition delay overlay district, the historic preservation officer shall determine whether the building meets the requirements in Subsection (b)(2).
(C) If the historic preservation officer determines that a building within a demolition delay overlay district does not meet the criteria in Subsection (b)(2) and the application meets the requirements for issuing a demolition permit in the Dallas Building Code, the building official shall grant the application to demolish a building.
(2) Phase II.
(A) Within 45 days after determining whether a building within a demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall schedule a meeting with the building's owner and appropriate city officials to discuss alternatives to demolition, such as historic designation under Section 51A-4.501; historic preservation tax exemptions and economic development incentives for historic properties under Article XI; loans or grants from public or private resources; acquisition of the building; and variances.
(B) The historic preservation officer shall post notice of the meeting with the building's owner on the city's website.
(C) Within two working days after the historic preservation officer determines the building within the demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall post a sign on the property to notify the public that an application has been made for a demolition permit within a demolition delay overlay district. The sign must include a phone number where citizens can call for additional information.
(D) The meeting may include organizations that foster historic preservation, urban planning, urban design, development, and improve ment in demolition delay overlay districts.
(E) If at the end of the 45-day period the application meets the requirements of the Dallas Building Code and the building owner declines to enter into an agreement as outlined in Paragraph (3), the building official shall grant the application to demolish a building within a demolition delay overlay district.
(3) Phase III. The property owner may enter into an agreement with the city to delay granting a demolition permit for an additional time period to continue exploration of alternatives to demolition. (Ord. 29893)