(A) Whenever the owner of a city landmark property intends to demolish or move a structure, he/she shall first apply for and secure a demolition or moving permit and a certificate of approval.
(B) Subsequent to the application for demolition or moving, there shall be a 270-day review period. During the review period the Landmarks Commission shall research the history, architectural merit, or other relevant characteristics of the property, review the public and private interests inherent in its preservation, discuss the proposal with the applicant, and explore possible alternates to demolition or moving. Should the applicant and the Landmarks Commission arrive at a mutually acceptable agreement, all or part of the 270-day review period may be waived by the Landmarks Commission.
(C) In order to grant approval for demolition or moving, the Landmarks Commission shall determine that the building meets at least one of the following criteria:
(1) Deemed a hazard. The building is a hazard to public health or safety and repairs are unfeasible as determined by the city's Building Inspector or his designee, who shall seek the advice of the appropriate technical experts as needed.
(2) Rehabilitation not feasible. Rehabilitation of the building is not feasible. It shall be the responsibility of the applicant to prove that rehabilitation of the building is not feasible. In reviewing the feasibility of rehabilitation, the Landmarks Commission shall review the applicant's proposed use and shall consider alternative uses for which the building might be better suited.
(3) Detriment to community. The retention of the building would not be in the interest of the community as a whole.
(D) In the event that the Landmarks Commission determines within the 270-day review period that a certificate of approval shall not be issued, it shall forthwith state in its record reasons for such determination, and may include recommendations relative to the proposed demolition or moving. The Landmarks Commission shall notify the applicant of such determination and shall transmit its reasons for denial and recommendations for demolition or moving, if any.
(E) The applicant may appeal the denial of the certificate of approval to City Council. Council shall review the recommendation of the Landmarks Consultant and the determination of the Landmarks Commission. Council may, by five concurring votes, reverse or modify the decision of the Landmarks Commission.
(F) While a structure is under consideration for demolition or moving, it remains the owner's responsibility to maintain the building in a reasonable fashion. Deterioration of a structure through simple negligence shall not be permitted. At the direction of the City's Building Inspector, the owner shall take action to ensure the property does not fall into disrepair.
(G) The City Manager may grant a certificate of approval for demolishing or moving in instances where there is an imminent threat to the public health or safety. In such instances, the City Manager shall seek the advice of appropriate technical experts as needed prior to issuing the certificate of approval.
(H) When a certificate of approval is granted for reasons other than public health or safety such approval shall not, unless waived, become effective until three months after the date of the approval decision by the Landmarks Commission in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the building. The foregoing does not imply approval of demolition or moving by the Building Inspector.
(Ord. 5-2005, passed 3-23-05)