1311.075 HISTORIC REVIEW BEFORE DEMOLITION.
   (a)   Before any order for demolition is issued or any permit to demolish a structure is granted for any structure that is more than 100 years old or is located within the Village’s Historic District, the demolition order or request must first be referred to the Planning Commission for a historic review of the structure.
   (b)   The Planning Commission shall then have up to 60 days from the date of the referral to determine whether the structure is historically significant. The Planning Commission may engage the assistance of organizations with expertise in this area to assist it in making its determination.
   (c)   If the Planning Commission finds that the structure is not historically significant, then the demolition order may be enforced or the demolition permit may be granted.
   (d)   In the event that the Planning Commission finds that the structure is historically significant, the Planning Commission may issue a determination that the demolition of the structure be delayed for up to an additional 180 days, or a longer period with the agreement of the property owner, to permit the exploration of preservation alternatives, such as: designating the structure as a historic landmark, finding a purchaser who may be interested in rehabilitating the structure, raising money to rehabilitate the structure, or finding alternate sites for the proposed post-demolition project.   
   (e)   In making its determination that the structure is historically significant, the Planning Commission shall consider the following factors: (1) the structure’s architectural and design significance; (2) whether the building is one of the last remaining examples of its kind in the neighborhood, Village, or region; (3) whether the structure has historical events or persons associated with it, and (4) the condition of the structure.
   (f)   The structure may be demolished at any time within or after the additional 180 day period specified in paragraph (d) hereof if the Planning Commission determines that, despite the structure’s historical significance, there are no feasible alternatives to demolition. Factors to be considered in making a no feasible alternatives determination are the following: (1) realistic alternatives (including adaptive uses) are not likely because of the nature or cost of the work necessary to preserve the structure; (2) after a bona fide, reasonable effort, a purchaser for the structure or rehabilitation solution that will result in the preservation, rehabilitation, or restoration of the structure cannot be found; (3) economic hardship on the part of the property owner, making delaying the demolition request unreasonable; (4) the property is an imminent and substantial danger to the health and/or safety of the public due to its deteriorating condition; and (5) the structure has been burned or damaged by an event beyond the property owner’s control with more than 50% of the structure affected.
(Ord. 7-2016. Passed 8-8-16.)