(A) The purpose of this section is to preserve historic districts that are important to the education, culture, traditions and economic values of the city and to afford the city historical organizations, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings.
(B) A certificate of appropriateness must be issued by the Historic Preservation Commission before a demolition permit is issued by other agencies of the city and work is begun on the demolition of any building or structure in any area of an historic district.
(C) Before or while the certificate of appropriateness application for demolition is considered by the Commission, the Commission may request the City Engineer or Building Commissioner or any other appropriate city official to prepare a report on the state of repair and structural stability of the structure and that report is to become part of the administrative record for the application.
(D) Criteria for the Commission to consider in the case of a proposed demolition include the following:
(1) Effect, detrimental or not, of the demolition to the character of the historic district;
(2) State of deterioration, disrepair and structural stability of the structure;
(3) Balance of the public interest in preserving the structure or the integrity of the district with the interest of the owner of the building or structure in the use and utilization of the property; and
(4) Possible alternatives to demolition.
(E) If the Commission denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a demolition permit may be issued by other agencies and a building may be demolished, but only after establishing all of the following:
(1) The property owner must demonstrate to the Commission that an historic building or structure is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser. The property owner may demonstrate that his or her building is incapable of earning an economic return on its value by showing that it is impractical or impossible to sell or lease the building or that no reasonable market price may be established for the building.
(2) The property owner shall file with the City Planner documented evidence that a good faith effort is being made to sell or otherwise dispose of such property at fair market value to any public or private person or agency which gives a reasonable assurance of its willingness to preserve and restore such property. Such documented evidence shall be provided at the property owner’s expense and shall include:
(a) Offering price;
(b) Date the offer of sale is to begin;
(c) Name and address of listing real estate agent, if any;
(d) A copy of an advertisement to run in the same manner as the notice in division (F) below which offers the property for sale; and
(e) An appraisal of the property’s fair market value by a licensed real estate appraiser.
(F) Before a demolition permit is issued or demolition proceeds, notice of the proposed demolition must be given for a period fixed by the Commission, based on the Commission’s classification on the approved map, but not less that 60 days nor more than one year. Notice must be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least 3 times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.
(G) The Commission may approve a certificate of appropriateness at any time during the notice period under division (F) above. If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(H) Prior to the issuance of a demolition permit, the Commission may require the applicant to provide documentation of the resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey and any other comparable form of documentation stipulated by the Commission.
(Prior Code, § 160.13) (Ord. 7099, passed 12-12-1988)