(A) Approval required. No structure or site within any HP Historical Preservation District shall be demolished or removed unless such demolition shall be approved by the Commission and a certificate of appropriateness for such demolition shall be granted.
(B) Procedure and postponement orders.
(1) The Commission shall hold a public hearing for the purpose of considering certificate of appropriateness for demolition or removal. After such hearing, the Commission may approve the certificate of appropriateness, thereby authorizing the demolition, or may postpone the demolition for not more than 180 days.
(2) At the conclusion of such period of postponement as specified in the Commission’s order, the Commission shall hold a second public hearing for the use of considering whether or not the Commission should recommend to the City Council that additional postponement of demolition be ordered.
(3) In the event the Commission should make such recommendation of additional postponement to the City Council, the Council shall hold a public hearing for the purpose of considering such additional postponement of demolition.
(4) At such public hearing the City Council may enter an order approving the condition or may enter an order postponing demolition for an additional period not to exceed 120 days from the date of such order. At the conclusion of this final period of postponement, the City Council shall issue a permit approving the demolition.
(C) Criteria for review of demolition. The Commission and City Council shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of structures or sites within the HP Historical Preservation District:
(1) The purposes and intent of this chapter;
(2) The degree to which the proposed removal of the historical resources would serve to destroy the integrity and continuity of the Historical Preservation District of which it is a part;
(3) The nature of the resource as a representative type of style of architecture, socioeconomic development, historical association or other element of the original designation criteria applicable to such structure or site;
(4) The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure; and
(5) The alternatives available to the demolition applicant, including:
(a) Donation of the subject structure or site to a public or benevolent agency, including the conveyance of development rights and facade easements;
(b) Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of development rights and facade easements;
(c) The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site;
(d) The potential of such structure or site for renovation and its potential for continuing use;
(e) The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure; and
(f) The ability of the subject structure or site to produce a reasonable economic return on investment of its owner; provided however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this section.
(Prior Code, § 9-11-12) (Ord. 563, passed 12-4-1990)