(A) The Historical Review Board shall have the power to instruct the Planning and Zoning Administrator temporarily to deny a demolition permit for any destruction of a landmark or any building in the historic district or on a landmark site which the Board considers to have historical value. The Historical Review Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Historical Review Board may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building.
(B) The Historical Review Board shall hold a public hearing on the proposed demolition within 30 days after the application for the demolition permit was filed with the Planning and Zoning Administrator. The Historical Review Board shall promptly notify the applicant of the public hearing by certified mail and shall give notice of the time, place and reason for holding the public hearing by one publication in a newspaper of general circulation in the county not earlier than 21 days or later than seven days before the public hearing.
(C) The Historical Review Board shall study the question of economic hardship for the applicant and shall determine by a preponderance of the evidence whether the landmark or the building in the historic district or on the landmark site can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Historical Review Board shall also determine by a preponderance of the evidence whether the applicant can obtain a reasonable return from his or her existing building. The Historical Review Board may ask applicants for additional information to be used in making these determinations. If the Historical Review Board finds economic hardship or the lack of a reasonable return, it shall recommend approval of the demolition application, if economic hardship or the lack of a reasonable return is not proved, the Historical Review Board shall deny the demolition application unless the Historical Review Board finds grounds to recommend approving the demolition application using the standards for review contained in § 151.19(A) of this chapter. The Historical Review Board shall take final action upon any case within 60 days after the application for the demolition permit was filed with the Planning and Zoning Administrator or the demolition permit shall be deemed to be approved by the Historical Review Board.
(D) In the event the Historical Review Board denies an application for a demolition permit for a landmark or a building in a historic district or on a landmark site, the applicant for said permit may appeal to the City Council, which shall hold a public hearing thereon and shall vote on said appeal within 45 days after the notice of appeal is filed with the City Council. The City Council shall give notice of the time, place and reason for holding the public hearing by one publication in a newspaper of general circulation in the county not earlier than 21 days or later than seven days before the public hearing. If the City Council votes to recommend that the application for demolition permit be approved, it shall transmit a copy of its findings to applicant and to the Planning and Zoning Administrator. If the City Council votes to deny the application for a demolition permit, it shall transmit its decision in writing to the applicant and to the Planning and Zoning Administrator. The applicant may appeal the denial by City Council to the Circuit Court.
(Ord. passed 3-8-2004)