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No permit for demolition of a building determined to be a historically significant building under this ordinance shall be granted until plans for use or development of the site after demolition have been filed with the Zoning Administrator and found to comply with all laws pertaining to the issuance of a building permit. All appeals from the granting of such approvals must be concluded prior to the issuance of a demolition permit under this section.
The Zoning Administrator shall forward a copy of each application for a demolition permit meeting the requirements set forth in Section 153.03 to the Historic Preservation Commission for determination as to whether the building, which is the subject of such application, is a historically significant. A fourteen (14) day wait period shall commence on the date following the date the Commission receives the application for a demolition permit from the Zoning Administrator. Demolition is prohibited during the fourteen day wait period. Historically significant buildings are:
1. Listed individually in the National Register of Historic Places, maintained by the Department of the Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; or
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs.
The purpose and intent of this ordinance is set forth in Section 24.01 of the Mount Vernon, Iowa Code of Ordinances.
The Historic Preservation Commission shall review the application for demolition at a public meeting of the Commission within the fourteen (14) day wait period. The Commission shall make an initial determination whether the building is a historically significant building using the standards set forth in current US Secretary of Interior standards for historic preservation, and further, upon criteria which would be unique to the historic nature of the City of Mount Vernon. The Commission shall make written findings supporting the grant or denial of the permit.
If during the fourteen (14) day wait period, the Commission makes an initial determination that the building which is the subject of the application for demolition is, or may be a historically significant building whose loss would be detrimental to the historical or architectural heritage or resources of the City, such building shall be considered a historically significant building. The Zoning Administrator shall be so advised, and no demolition permit or building permit for new construction shall be issued unless and until a final determination has been made that the building is not a historically significant building or an exception applies. If the Commission makes the determination that the building is not a historically significant building the Administrator shall be advised and the permit will be issued provided all other applicable building regulations have been met.
After an initial determination by the Commission that any building which is the subject of an application is a historically significant building, it shall so advise the applicant who submitted the application and the Zoning Administrator, and a sixty (60) day demolition review period will be imposed. The sixty (60) day demolition review period starts on the date the applicant who submitted the application and the Zoning Administrator are notified of the decision of the Commission.
The Commission shall hold a public hearing prior to making the determination that any building is a historically significant building. The Commission shall publish notice in the official city designated newspaper no less than four (4) days and no more than twenty (20) days from the date that an initial determination has been that the building is a historically significant building. A sign shall also be posted on the subject property notifying the general public of the pending application for demolition. No demolition permit or building permit for new construction or alterations on the premises shall be issued after the date of a determination that a building is a historically significant building except as may be provided for in subsection 153.07 of this section.
During the sixty (60) day demolition review period, The Commission will work with the applicant to have a historic survey done on the property, if necessary, and to determine if any of the following options or alternatives to demolition are feasible:
1. The building can be considered for landmark designation.
2. Rehabilitation of the building with the assistance of State or Federal tax incentives or other private financial assistance.
3. Adapting the building to a new use.
4. Finding a new owner who is interested in preserving/rehabilitating the building.
5. Incorporating the building into the owner/applicant's redevelopment plans.
6. Assisting in finding a different location for the owner's redevelopment.
7. Moving the building to an alternative location.
8. Salvaging building materials if the structure is to be demolished.
9. Documenting the building prior to the issuance of a demolition permit.
The Commission shall make findings in writing. Upon completion of the review, the Commission will advise the applicant and Zoning Administrator in writing whether a demolition permit can be issued.
Exceptions from the demolition review process will be afforded if an economic hardship can be demonstrated or a structure is considered an imminent threat to the health and/or safety of the public. The burden of proof that an economic hardship exists is the applicant's responsibility. The Zoning Administrator will forward a copy of the application to the Historic Preservation Commission for a hardship exemption, along with the applicant's request for exemption from the demolition review process. The Historic Preservation Commission shall review the request for exemption, and shall respond to said application at its earliest convenience, but not more than fourteen (14) business days after receipt of the application by the Commission. Criteria for determination of an economic hardship include:
1. The feasibility of alternative uses for the property prevent the applicant from securing a reasonable return on investments. A report from a licensed engineer or architect with expertise in rehabilitation shall be submitted to the Historic Preservation Commission. Said report shall include cost estimates for rehabilitation, estimated market values of the property (in its current condition and after project completion), and/or costs associated with moving the building to an alternative location.
2. Demonstration of an economic hardship shall not be based on self-inflicted hardships, including but not limited to:
A. Willful or negligent acts by the owner.
B. Failure to perform normal maintenance and repairs.
C. Failure to diligently solicit and retain tenants.
D. Failure to provide normal tenant improvements.
If the Zoning Administrator has not received a decision from the Commission on the request for exemption within the fourteen (14) business day wait period, then the Zoning Administrator shall notify the Chairperson and Secretary of the Commission that a demolition permit will be issued seven (7) days after the date that this notice has been provided to the Chairperson and Secretary, unless prior to the expiration of seven (7) days, the Commission issues a written decision on the application for a hardship exemption for the demolition permit.
Any party aggrieved by the decision of the Historic Preservation Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Administrator no later than ten (10) business days after the filing of the aforementioned decision. The City Council shall, within a reasonable amount of time, give public notice to the applicant and to the appellant, hear the appeal and decide the appeal. In deciding such appeals, the City Council shall consider whether to reverse, affirm or modify the decision. If not satisfied with the decision of the City Council, any aggrieved party may appeal within (60) days of the City Council’s decision to the Iowa District Court.
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