(A) An application for a certificate of appropriateness authorizing the demolition, destruction, or relocation of a designated landmark may not be denied, except as provided in division (C) below. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from the property by virtue of the delay. During the period the Historic Preservation Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building site. If the Commission has voted to recommend designation of a property as a landmark and final designation has not been made by the local governing board, the demolition or destruction of any building, site, or structure located on the property of the proposed historic property may be delayed by the Commission or planning agency for a period of up to 180 days or until the local governing board takes final action on the designation, whichever occurs first.
(B) The governing board may enact an ordinance to prevent the demolition by neglect of any designated historic property (landmark). The ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
(C) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation office as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied, except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(Ord. passed 9-8-1992; Ord. passed 3-21-2022)