(a) The demolition of all or part of a designated historic structure or of an existing building within a designated Historic Preservation District shall require submittal of an application and the approval of the Design Review Board, in accordance with the following procedures.
(b) The Design Review Board shall approve the demolition if any one of the following circumstances is found to exist:
(1)
Demolition has been ordered by a public official for reasons of public health and safety (in the case of imminent danger, the Chief Building Official may authorize such demolition prior to approval by the Design Review Board).
(2) The demolition is requested for an inappropriate addition or a non-contributing building, and the Design Review Board determines that the demolition will not adversely affect the character of the area, including the appearance of the streetscape in terms of the overall scale, rhythm, design or unity; or
(3) The demolition is consistent with plans or policies adopted by the City Council.
(4) In approving the demolition, the Design Review Board shall state the basis for approval, pursuant to one of the above findings.
(c) If none of the circumstances listed in subsection (b) hereof are found to exist, the Design Review Board shall approve the demolition only if the Design Review Board finds that the structure cannot be reused or cannot earn an economic return upon its value. If an owner requests approval of demolition for this reason, the Design Review Board shall follow these procedures:
(1) The Design Review Board shall hold a public hearing on the request in accordance with the provisions of Chapter 1111. Unless otherwise agreed by the applicant, the hearing shall be held at the next regular meeting of the Design Review Board.
(2) At the hearing, the applicant shall present reasons why the structure cannot be reused or cannot earn an economic return upon its value. The applicant shall also present a description of the anticipated reuse of the property and a site restoration plan that includes excavations filled to existing grades, topsoil of sufficient capacity to cover the filled material and support ground vegetation, and drainage directed in a manner that does not negatively impact surrounding properties. Any other persons may speak at this hearing, and may present evidence to demonstrate reuse potential or opportunities for an economic return upon its value.
(3) Following the hearing, the Design Review Board shall be given a period of time, not to exceed 90 days from the date of the original application, to identify a satisfactory plan for the preservation of the structure. If such a plan is presented, the demolition shall not be approved. In the event the Design Review Board does not identify an economically feasible plan, or otherwise concurs with the showing by the applicant, the demolition shall be approved. If, prior to the expiration of the 90-day period, the Design Review Board identifies a preliminary plan for the preservation of the structure, the Design Review Board shall be given an additional period of time not to exceed 90 days to recommend a final plan.
(4)
If the Design Review Board has taken no action to approve or disapprove the request within the 90-day period, or 180-day period if extended, the demolition shall be allowed and permits shall be issued by the Administrator.
(5) During the time period that an application for demolition is under review, the applicant shall take measures to stabilize and secure the structure to prevent further deterioration. Upon request of the City, the applicant shall provide information to the Design Review Board regarding the actions that have been taken to explore alternatives to the proposed demolition.
(d) As an alternative to demolition which has been approved pursuant to this section, the Design Review Board may approve the moving of an existing building where:
(1) The new surroundings would be harmonious with the historical and architectural character of the building; and
(2) The relocation would help preserve and protect a building of historical interest.
(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)