(a) The demolition of all or part of a designated historic structure or of an existing building within a designated Historic Preservation Overlay District shall require the approval of the Historic Preservation Overlay Review Board, in accordance with the following procedures, upon application by a property owner.
(b) The Historic Review Board shall then have up to 60 days from the date of the referral to determine whether the structure is historically significant. The Historic Review Board 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 or part of the structure requested to be demolished is not historically significant, and 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, then a Certificate of Appropriateness may be issued and the demolition permit may be granted.
(d) In the event the Planning Commission finds 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;
(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;
(6) The applicant has submitted a rescue plan that mitigates any adverse effects of the proposed removal upon the property, the streetscape, and the historic district through:
A. New construction that is consistent with the design standards and which contributes to the architectural or historic integrity of the historic district;
B. Exterior rehabilitation or restoration of the remaining structure that is consistent with the architectural design standards and which contributes to the architectural or historic integrity of the streetscape;
C. Landscaping the parcel consistent with the design standards, providing for its care as common space for the benefit of the general public and relocating the remaining structure in an appropriate setting or preserving of the salvageable architectural materials.
(g) As an alternative to demolition which has been approved pursuant to this section, the Historic Preservation Overlay 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. 21-2020. Passed 12-14-20.)