Nothing in this chapter in general nor specifically in this section shall be construed to prevent the ordinary maintenance or repair of any exterior feature in or on a historic property that does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the Building Inspector of the city certifies to the Commission that such action is required for the public safety because of an unsafe or dangerous condition.
(A) Notice by owner before demolition. No historic property designated by this chapter or amendments thereto may be demolished, materially altered, remodeled, relocated or put to a different use until the expiration of a 180-day waiting period that commences with delivery to the Commission of written notice of the owner’s proposed action. During this 180-day period, the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property. (SDCL Chapter 1-19B-27)
(B) Waiver of waiting period. The Commission shall have the discretionary authority to waive any portion or all of the 180-day waiting period required by division (A) above, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the Commission ensuring the continued maintenance of the historical, architectural, archaeological or cultural integrity and character of the property. (SDCL Chapter 1-19B-29)
(C) Reduction in waiting period; extreme hardship. The Commission may reduce the waiting period required by division (A) above, in any case where the owner would suffer extreme hardship unless a reduction in the required period was allowed. Mere loss of profit shall not be construed as extreme hardship for the purposes of this section. (SDCL Chapter 1-19B-30)
(Prior Code, § 29-5) (Ord. 1243, passed 11-21-2022)