(a) Requirements Before Demolition or Removal of Principal Structures on Commercial or Industrial Properties. No demolition or removal of a principal structure in a C1 Office, C2 Retail, C3 General Business, C4 Public School District and the Industrial District shall be permitted unless and until one (1) of the following conditions is satisfied:
(1) The Safety Director of the
City authorizes the Commissioner to grant a demolition or removal permit, based on causes such as fire or other source of property damage or loss, in order to remedy conditions immediately dangerous to life, health or property, or to remedy a nuisance, as jointly determined and recommended by the Commissioner, the Fire Chief, the City Engineer and the Director of the Division of Health; or
(2) The passage of 180 days following application to the Commissioner for a demolition permit or permit to move a principal structure, during which time the applicant has further made good faith application to all required boards and commissions of the
City for approval of new development plans at the location of such property; or
(3) The proposed new building(s) and/or structure(s) at the location of such property conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review, and by any other required boards and commissions of the City, in order to proceed with new development plans. In addition, notwithstanding any other requirements, all approvals for such new development plans shall be based on the following factors:
A. The new development plans are consistent with the
Code, the Lakewood Community Vision and the “Standards for Rehabilitation” adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (Formerly of Part 67); and
B. The new development plans are consistent with any historic or aesthetic features of the commercial or industrial property being replaced and/or the nature and appearance of the surrounding neighborhood.
C. The Secretary of all such required boards and commissions of the
City shall immediately notify the Commissioner of compliance with the provisions of this sub-section by any applicant that would allow and provide for the issuance of a demolition permit or a removal permit by the Commissioner.
(b) Demolition or Removal Delay Period. The time period before a demolition or removal permit can be issued in a C1, C2, C3, C4 and Industrial District is provided in order to permit the City, public agencies, civic groups and other interested parties a reasonable opportunity to study, comment and propose potential alternatives or modifications to the proposed new development plans. During such time period, if the City and other interested parties deem preservation appropriate, the applicant shall undertake meaningful and continuing discussions with the City and other interested parties for the purpose of preserving such principal structure.
(c) A demolition or removal permit shall comply with the regulations set forth within this Chapter and those in Section 1171.03.
(d) Fees. A review and recording fee, established pursuant to Section 1173.06, shall be included with the application.
(Ord. 49-98. Passed 2-16-1999; Ord. 124-05. Passed 6-6-2006.)