(a) This section is intended to regulate the demolition of buildings and structures in such a manner as to assure and adhere to the City's land use and environmental policies and goals. The demolition permit procedure is intended to protect property values, promote public health and safety and maintain the general prosperity of the community.
(b) As used in this section:
(1) "Commercial viability" means the reasonable likelihood of conducting commerce or business.
(2) "Economic feasibility of rehabilitation" means the suitability of restoring, without undue financial hardship, to such condition which allows a structure to be used or occupied, and, if preserved, whether the structure would yield a reasonable economic return.
(3) "Historical significance" means structures which have yielded or are likely to yield, information important to the history of the community, or which exemplify elements of the City's cultural, economic, social or historic heritage.
(4) "Person" means an individual, association, club, corporation, firm, partnership, institution, governmental agency or body politic in his, her or its own capacity, or as administrator, conservator, executor, trustee, receiver or other representative appointed by a court of competent jurisdiction.
(5) "Structural integrity" means the soundness or stability of the construction of any building.
(c) No person shall remove or demolish, or commence the removal or demolition of, a building or structure, or any portion thereof, without first filing with the Building Commissioner an application in writing and obtaining a demolition permit therefor.
(d) The applicant shall file a plot diagram in a form and size suitable for filing permanently, drawn to scale, with all dimensions figured, showing accurately such construction as is to be demolished and all existing buildings and structures that are to remain.
(e) Before any demolition permit shall be granted, the applicant shall notify, by registered or certified mail, return receipt requested, the owners of property adjacent to, contiguous to or across any street, river, creek or public way from, any part of the land upon which the structure exists. The applicant shall enclose with the notice a copy of the Application to Permit Demolition, as provided in subsection (g) hereof, and shall inform the adjoining property owners of the application review by the Building Commissioner. Before a decision may be rendered by the Building Commissioner, the applicant shall file a certificate that notice has been given in accordance with the provisions of this section. This subsection (e) shall not apply in the case of the demolition of an accessory building or structure, unless said accessory building or structure is located in an Historic District or is designed as an Historic Landmark.
(f) The applicant shall notify the owner or agent of all utilities having service connection to and/or within the structure. A demolition permit shall not be issued until a release is obtained from each of the utilities, stating that their respective service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner.
(g) The owner of any structure to be demolished shall file an Application to Permit Demolition with the Building Commissioner. Such application shall provide relevant information and supporting documentation regarding the following:
(1) The structural integrity and age of the structure;
(2) The historical significance of the structure;
(3) The impact of present and proposed uses on the general character of the area;
(4) The impact of present and proposed uses on the commercial viability of surrounding area;
(5) The impact of present and proposed uses on the traffic flow of the area;
(6) The impact of present and proposed uses on parking within the general area;
(7) The economic feasibility of rehabilitation as compared to the cost of demolition;
(8) The impact upon normal and orderly development and improvement of adjacent properties for uses permitted in the surrounding area;
(9) The undue hardship or unique circumstances which necessitate demolition;
(10) The effect upon the structural integrity and lateral support of adjacent buildings;
(11) A plan for the control and disposal of any environmental impact, including, but not limited to, hazardous or toxic chemicals, dust and demolition debris, as well as water drainage or detention.
(12) Compliance with the applicable provisions of the International Building Code, as adopted in Chapter 1420.
(h) Upon receipt of an Application to Permit Demolition, the Building Commissioner shall provide for publication, within three business days, a notice inviting written public comment, within seven calendar days of the date of publication, regarding said Application. The notice shall indicate a location where the Application may be reviewed and an address where written comments may be submitted. The applicant shall be responsible for the cost of the newspaper notice, and said cost shall be paid to the City prior to the issuance of any demolition permit. This subsection (h) shall not apply in the case of the demolition of an accessory building or structure, unless said accessory building or structure is located in an Historic District or is designed as an Historic Landmark.
(i) Within twenty business days of receipt of an Application to Permit Demolition, the Building Commissioner shall provide a written decision to the applicant, which decision shall set forth the findings relating to each item provided in subsection (g) hereof.
(j) Within thirty calendar days of receipt of the Building Commissioner’s findings, the applicant may file an appeal with a review committee, which shall be comprised of the following three members: the Chairperson of the Building Commission, the Chairperson of the Planning Commission and the Chairperson of the Zoning Appeals Board. Failure to file a timely request for review shall be deemed a waiver of appeal.
The review committee shall hold a public hearing and the applicant shall be given written notice of the date and time of this review hearing at least five calendar days prior to the hearing. The City shall not be required to present any evidence at this review hearing other than written findings of the Building Commissioner. The review committee may adopt and make available to the public procedures under which a hearing will be conducted. Such procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
The review committee shall decide by a majority vote whether to reverse the decision of the Building Commissioner. All decisions of the review committee shall be final and shall be subject to judicial review in accordance with the provisions of the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.), as now or hereafter amended.
(k) In an emergency, when the situation demands immediate action for the protection of life, property or public health, the Building Commissioner, in his or her discretion, may omit the notification requirement set forth in subsection (e) hereof and may complete an expedited review of the Application to Permit Demolition.
(l) This section shall not apply to court-ordered demolitions in cases initiated by the City to protect the general health, safety and public welfare.
(Ord. 97-61. Passed 11-3-97; Ord. 2007-75. Passed 11-5-07; Ord. 2009-10. Passed 2-17-09; Ord. 2013-10. Passed 3-4-13.)