(A) Purpose. The purpose of this section is to preserve historic buildings and structures that are important to the education, culture, traditions, and economic value of the community by affording the town, preservation organizations, and interested persons the opportunity to acquire or arrange for the preservation of these buildings.
(B) Certificate of appropriateness required. A certificate of appropriateness must be issued by the Commission before a demolition permit is issued by other agencies of the town and work is begun on the demolition of any building or structure in any area of an historic district or conservation district.
(C) Criteria for the Commission to consider in the case of a proposed demolition shall include the following:
(1) Effect of the demolition on the character of the historic district;
(2) State of deterioration, disrepair, and structural stability of the structure. The condition of the building resulting from neglect shall not be considered grounds for demolition;
(3) Balance of the public interest in preserving the structure or the integrity of the district with the interest of the owner of the building or structure in the use and utilization of the property; and
(4) Possible alternatives to demolition.
(D) Factors for allowing demolition without certificate of appropriateness. If the Commission denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a demolition permit may be issued by other agencies and a building may be demolished, but only after the property owner has established all of the following:
(1) The property owner must demonstrate to the Commission that an historic building or structure is incapable of earning a reasonable return on its value.
(2) The property owner shall file with the Administrator documented evidence that a good faith effort is being made to sell or otherwise dispose of such property to any public or private person or agency which gives a reasonable assurance of its willingness to preserve and restore such property. Such documented evidence shall be provided at the property owner's expense and shall include:
(a) Offering price;
(b) Date the offer of sale began;
(c) Name and address of listing real estate agent, if any;
(d) A copy of an advertisement to run in the same manner as the notice in § 157.26(A)(3) which offers the property for sale; and
(e) An appraisal of the property's fair market value by a licensed real estate appraiser.
(3) Notice of the proposed demolition must be given for a period fixed by the Commission, based on the Commission classification on the approved map, of not less than 60 days nor more than one year. Notice must be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice must be published in a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit issuance.
(E) The period of time that a building is placed upon the open market shall be linked with its classification in the survey, as follows:
(1) Outstanding: 9 months;
(2) Notable: 6 months;
(3) Contributing: 4 months;
(4) Non-contributing: 3 months.
(F) The Commission may approve a certificate of appropriateness at any time during the notice period described in division (E). If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(Ord. 2005-05, passed 4-25-05) Penalty, see § 157.99