(A) Generally. An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within a designated district may not be denied. However, the effective date of such certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Historic Preservation Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay. During this period the Historic Preservation Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the Historic Preservation Commission finds that a building or site within a district has no special significance or value toward maintaining the character of the district, it shall waive all or part of the period and authorize earlier demolition, or removal.
(B) Delay of demolition of properties or properties within district in process of being designated. If the Historic Preservation Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the City Council, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Historic Preservation Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first.
(C) Antidemolition by neglect ordinance. The City Council may enact an ordinance to prevent the demolition of any designated landmark or any building, structure or site within a designated district due to neglect. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(D) Denial of demolition of statewide significant landmarks. An application for a certificate of appropriateness authorizing the demolition or destruction or a building, structure or site determined by the State Historic Preservation Officer as having statewide significance, as defined in the criteria of the National Register of Historic Places, may be denied except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(1971 Code, § 9-10-20.1) (Ord. No. 2186, § 11, passed 5-10-1990; Ord. No. 2454, § 1, passed 5-14-1992)