1152.09 DEMOLITION REVIEW AND REQUIREMENTS.
   (a)   Application.
      (1)   An application for the demolition of a building shall require a COA and follow the procedures and requirements of Oxford and Ohio Building Codes.
      (2)   Any application for demolition shall include a plan for the reuse of the property that illustrates the mitigation of any adverse effects of the proposed removal upon the property, the streetscape, or the applicable historic district through the following:
         A.   A plan for the reuse of the property through new construction, exterior rehabilitation, or restoration that is consistent with this chapter and the guidelines set forth in the current Oxford Historic and Architectural Preservation Guidelines; contributes to the historic character of the district or, in the case of a historic site, reflects the architectural character of the demolished structure; complies with the historic design guidelines; and which contributes to the architectural or historic integrity of the applicable historic district; and
         B.   A plan for the landscaping of the parcel in accordance with this chapter and the guidelines set forth in the current Oxford Historic and Architectural Preservation Commission Design Guidelines, for the benefit of the general area.
      (3)   Where an application includes a plan for the reuse of the property through new construction, the application shall include a schedule for construction that will result in the completion of new construction within thirty-six months (36) from the date the COA is issued. Completion dates that extend beyond thirty-six (36) months may be granted at the discretion of the HAPC.
      (4)   A demolition permit from the Building or Planning Department shall not be issued unless accompanied by a COA and shall include:
         A.   A performance bond posting with security equivalent to 100% of the approved cost of leveling the site, filling with soil and sodding or seeding the surface.
         B.   Payment of a mitigation fee of ten percent (10%) of the approved demolition cost.
   (b)   Demolition Approval Criteria:    
      (1)   The HAPC may approve a COA for demolition only if one of the following is satisfied:
         A.   The applicant has given clear evidence that the structure has incurred extensive damage to its basic structural elements such as roof, wall, and foundation requiring substantial reconstruction, and the structure presents an immediate danger to the public health, safety, or welfare as declared by the Chief Building Official (condemnation) but that such damage was not done through neglect of the property by the owner or former owners; or
         B.   The demolition is proposed for a structure that is identified as non-contributing or historic non-contributing in an adopted inventory of the applicable zoning district; or
         C.   The applicant demonstrates that the following conditions are met based on the designation of the site or structure in an adopted historic inventory:
      (2)   Historic Structures.
         A.   The applicant must demonstrate that the costs to rehabilitate or renovate the structure to a purposeful use exceeds fifty percent (50%) of the fair market value.
         B.   The City shall reserve the right to have an individual or entity that is not a member of HAPC to assess the financial feasibility of renovating the structure.
         C.   The COA shall not be approved if the cause of such damage was due to neglect by the owner or previous owners.
      (3)   Non-Historic Contributing Structures.
         A.   The removal will not adversely affect the architectural or historic integrity of the streetscape; or
         B.   The structure is not consistent with other structures in the district in terms of historic character, architectural style, construction material, height, setback or mass.
   (c)   Demolition by Neglect Prohibited.
      (1)   The HAPC shall not issue a COA for demolition when the HAPC determines:
      (2)   That the condition of the structure is attributable to demolition by neglect defined as a situation in which property owners, or others having legal possession, custody, or control of a property, allowed the condition of the property to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure.
      (3)   Conditions of neglect include, but are not limited to, the following:
         A.   Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.
         B.   Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing or buckling.
         C.   Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling.
         D.   Deterioration or crumbling of exterior plasters or mortars.
         E.   Ineffective waterproofing of exterior walls, roofs, and foundations including broken windows or doors.
         F.   Defective protection or lack of weather protection for exterior wall and roof covering, including lack of paint, or weathering due to lack of paint or other protective covering.
         G.   Rotting, holes, and other forms of decay.
         H.   Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
         I.   Deterioration that contributes to a hazardous or unsafe condition.
   (d)   Access to Structure by Chief Building Official. The property owners, or others having legal possession of the property, shall provide the Chief Building Official or other designee of HAPC access to the property in order to assist in the determination of the condition of the structure as part of any application for a COA related to demolition.
(Ord. 3530. Passed 6-4-19.)