(a) Demolition Criteria. No person shall demolish any structure or architectural feature of a landmark or on a building located within a Historic District until the Commission has reviewed an application for a Certificate of Appropriateness. Such application shall contain a written statement that addresses the reasons for demolition, including any claim that such structure or architectural feature is not historically or architecturally significant or otherwise worthy of preservation. If seeking to demolish an entire structure or major portion thereof, the applicant shall also submit, as applicable, development plans for reuse of the site, evidence of commitment for funding of the new project, a timeframe for project initiation and completion and an assessment of the effect such plans will have on the character and integrity of the property or district.
Applications for demolition will be reviewed based on the overall impact the demolition will have on the Historic District and the community. The Commission encourages the preservation and economically productive use of buildings significant to the character of the District and history of the City. Demolition of any building or structure which would detract from the Historic District or result in a loss of historically significant qualities will be strongly discouraged. The Commission shall be guided in its decision thereon by balancing the historic, architectural and cultural value of the structure or architectural feature and the purposes of this chapter and against applicant's proof of any unusual and compelling circumstances or substantial economic hardship in retaining the structure or architectural feature as well as the merit of the replacement project.
(b) Standards for Demolition. Demolition of existing buildings which are not a significant loss to the Historic District to allow for the construction of new buildings which enhance the District is acceptable and may be encouraged by the Commission. If the Commission finds the proposed action will have no detrimental effect on the continued historic architectural character of the area and is in keeping with the intent and purposes of this chapter, the application shall be approved.
(1) Economic Hardship. The Commission shall evaluate a demolition application based upon substantial economic hardship based upon the applicant's proof that:
A. Denial of a certificate will result in a substantial reduction in the economic value of the property;
B. Denial of a certificate will result in a substantial economic burden on the owner because they cannot reasonably maintain the property in its current form;
C. No reasonable alternative exists consistent with the architectural standards and guidelines for the property; and
D. The owner has been unable to sell or lease the property.
(2) Unusual and Compelling Circumstances. The Commission shall evaluate a demolition application based upon unusual and compelling circumstances based upon the applicant's proof of the following:
A. The property has little or no historical or architectural significance;
B. The property cannot be reasonably maintained in a manner consistent with the pertinent architectural standards and guidelines; and
C. No reasonable means of saving the property from deterioration, demolition or collapse other than applicant's proposal exists.
D. Additionally, for a nonprofit-organization applicant, it is not feasible to financially or physically achieve its charitable purposes while conforming to the pertinent architectural standards and guidelines.
(c) Stay of Demolition. If the Commission finds demolition or removal will have detrimental effects on the landmark or Historic District or upon the City in general, approval may not be given for a period of up to six months. During this period, the Commission shall review the following issues with the applicant:
(1) Alternative uses for the building or structure, including consultation with civic groups and public agencies;
(2) Condition of the building, including requests for building and fire code review;
(3) Potential return on investment by rehabilitation and use of the building on the existing site, including review of applicant's development plans;
(4) Efforts by owners to secure profitable new owners or lessees for the building, including applicant's real estate listing;
(5) Impact of demolition or removal on adjoining structures and the integrity of the area as a whole, including proposed new structures on the vacated site;
(6) Evaluation of relocating landmark and/or buildings within the Historic District, in lieu of demolition, including review of costs and resources; and
(7) Consideration by the City of North Olmsted or any other public or private body to either purchase or lease the building or structure.
At the end of the six month period, or any extension mutually agreed upon by the City and the owner, the applicant may require the Commission to render a determination on the evidence presented to prove substantial economic hardship or unusual and compelling circumstances. Prior to its determination, the Commission shall consider additional evidence, including review of issues addressed in Sections 165.12(c)(1) - (7).
(Ord. 2018-96. Passed 11-20-18.)