§ 154.062 DEMOLITION PERMIT.
   (A)   Background. The village is fully developed with little vacant land and covers a compact geographic area. Residential property values have been maintained in significant part due to the village's unique physical attributes such as high quality homes built primarily between 1895 and 1950, and plentiful mature trees and landscaping on both public and private property. The demolition of existing buildings which frequently also results in the destruction and removal of mature trees and significant landscaping features may constitute an irreparable loss to the quality and character of the village, and the health, safety, comfort and general welfare of its residents.
   (B)   Demolition or removal of existing structures. No primary building or structure, or significant accessory structure such as a carriage house (hereinafter collectively referred to as "buildings") shall be demolished, partially demolished or removed (hereinafter collectively referred to as "demolition" or "demolished") until an application for a demolition permit has been submitted in a form acceptable to the village, and approved by Village Council, except when demolition is determined by the Village Engineer or the Building Official to be required to abate a nuisance or eliminate an unsafe building as defined in Chapter 151 of this code or the applicable Building Code; or, in the case of a partial demolition, the permit is approved by the Mayor or the Mayor's designee based upon the criteria set forth herein.
   (C)   Contents of demolition permit application. A demolition permit application shall include the following in addition to a completed wrecking or demolition permit form and any other information the village may reasonably request:
      (1)   A statement and explanation as to whether or not such building is, historically, architecturally, culturally or otherwise worthy of preservation, together with supporting information;
      (2)   The reasons for the proposed demolition;
      (3)   A site plan detailing the proposed reuse of the site, a complete restoration and landscape plan, including a plan for the preservation (and replacement in the case of damage or destruction) of existing trees and other significant landscape features, together with any reasons for not building a replacement structure;
      (4)   When a replacement building is proposed, an accurate and detailed rendering of the proposed replacement structure, and a detailed time schedule for the replacement project; and
      (5)   An assessment of the effect of the demolition and proposed replacement project (if applicable) on the subject property and the surrounding area.
   (D)   Council action. Village Council shall approve a demolition permit if it finds that two of the following conditions exist:
      (1)   The building is not historically, architecturally or culturally significant or otherwise worthy of preservation;
      (2)    There exists no reasonable economic use for the building as it exists or as it might be restored and that there exists no feasible or prudent alternative to demolition;
      (3)   That deterioration has progressed to a point where it is not economically feasible to restore the building; or
   (E)   Council review criteria.  
      (1)   The following criteria may be used by Village Council in determining whether a building is historically, architecturally or culturally significant or otherwise worthy of preservation:
         (a)   The age and condition of the building;
         (b)   The quality of the building's architectural design, detail, use of materials or construction;
         (c)   The importance of the building to the character and quality of the neighborhood;
         (d)   The identification of the building as the work of an architect, artisan, engineer, landscape architect, builder or developer whose work is significant to the village, central Ohio, the state or nation;
         (e)   The identification of the building with a public or private figure who significantly contributed to the Village, central Ohio, the state or nation;
         (f)   The significance of the design or style of the building to the historical, architectural or cultural development of the village, central Ohio, the state or nation; or
         (g)   The impact of restoration on the village's real property or income tax base versus replacement and/or removal.
      (2)   The following criteria may be used by Village Council to determine whether there exists no reasonable economic use for the building as it exists or as it might be restored, and that there exists no feasible or prudent alternative to demolition:
         (a)   The denial of a demolition permit will result in the continuation of a substantial economic burden because the building cannot be reasonably maintained in its current form; or
         (b)   The denial of a demolition permit will result in a substantial economic burden because the cost of preserving or restoring the building will impose an unreasonable financial burden.
      (3)   The following criteria may be used by Village Council in determining whether deterioration of the building has progressed to a point where restoration is not economically feasible:
         (a)   Preservation or restoration of the building is not structurally feasible; or
         (b)   Deterioration has progressed to a point where restoration is not practicable.
   (F)   Additional evidence. In addition to considering reports from the Village Engineer or other such consultants as Village Council may direct, Village Council may request that the applicant provide a report or reports concerning the proposed demolition and/or the existing structure from a registered architect, historical conservator, or other person with appropriate preservation experience.
   (G)   Additional standards and guidelines. Village Council may, from time to time, adopt by resolution additional standards or guidelines.
(Ord. O-1847-01, passed 12-17-01; Am. Ord. O-1896-02, passed 8-19-02; Am. Ord. O-2077-05, passed 8-15-06)