(a) When the Commission is deciding whether a proposed demolition will have an adverse effect on the Historic District or Listed Property, its consideration shall be based on the following standards:
(1) Whether the property at this time has historical, cultural or architectural significance and contributes to maintaining the character of the historic district.
(2) Whether the preservation of the building will cause substantial economic hardship for the applicant. Substantial economic hardship does not include an applicant’s inability to maximize the return on the applicant’s investment. Neglect of a building by its owner and its deterioration does not create the basis for a finding of substantial economic hardship or a finding of no reasonable use.
(3) Whether the building can no longer be put to a reasonable use, including an adaptive re-use of the building.
(4) For demolition of entire structures, whether the proposed new use of the property is consistent with the quality and character of the Historic District.
(5) The Commission’s determination on a proposed demolition of a building shall be based upon a balance of the foregoing factors with the burden upon the applicant to establish that he or she is entitled to a Certificate of Appropriateness. In making any such determination, the Commission shall be guided by the principle that the demolition of a historic or contributing property constitutes as irreplaceable loss to the quality and character of a Listed Property and the Historic District. The reasoning of the Commission in reaching any such decision and the results of its balancing of the foregoing factors shall be clearly stated either in the minutes for the proceeding or in a separate written report. Upon a determination by the Commission that a building is not historically, culturally or architecturally significant or otherwise worthy of preservation upon consideration of the foregoing factors, a Certificate of Appropriateness for the proposed demolition shall be issued.
(b) If the Commission answers any of these questions affirmatively, it shall make findings and prepare a written report with its reasons. When this step has been completed, the Commission shall authorize the Commission Secretary to issue the Certificate of Appropriateness.
(c) In applying for a Certificate of Appropriateness to demolish a building subject to this Chapter, the applicant shall present credible evidence to the Commission including, but not limited to, the following:
(1) Detailed reports and background information on the historical or architectural significant (or lack thereof) of the building to be demolished.
(2) Appraisals, where deemed necessary by the Commission, showing the present fair market value of the property; the fair market value of the property assuming that the building has been demolished; and the fair market value of the property assuming that the building has been restored or altered for productive use.
(3) Detailed information on the economic feasibility of restoring the building, putting the building to an alternative use or altering the building to an alternate use.
(4) Where necessary or where requested by the Commission, a cost estimate for restoring the building or altering the building to an alternative use.
(5) When requested by the Commission, definitive plans for reuse of the site, evidence of a commitment for funding of the new project, a time frame for project initiation and completion and an assessment of the effect of such plans on the character and integrity of the Listed Property and the Historic District.
(d) The Commission may extend the time for decision an additional ninety (90) days on an application for the demolition in order to find a way to save the building. The ninety (90) day period shall start on the day the Commission meeting at which the demolition request is reviewed.
(e) The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition.
(f) During the review period, the owner of the structure shall make all reasonable efforts to maintain the structure and prevent further deterioration.
(g) Upon determination of the Fire Chief or City Engineer and with the concurrence of the Planning and Zoning Administrator, a Certificate of Appropriateness may be issued to demolish a structure where the public health and safety are in immediate danger if the demolition is not permitted.
(h) The following shall constitute the penalties and remedies for a violation of this Chapter:
(1) Whoever demolishes or causes to demolish a building in the Historic District or any Listed Property without obtaining a Certificate of Appropriateness shall be guilty of a minor misdemeanor.
(2) Whoever demolishes or causes to be demolished a building in the Historic District or any Listed Property after being enjoined by court of equity or being ordered to cease and desist by the Planning and Zoning Administrator shall be guilty of a first-degree misdemeanor.
(3) In addition to the other remedies and penalties provided in this Chapter and the Zoning Code, the City may issue an order to cease and desist and / or initiate appropriate actions or proceedings to prevent, restrain or enjoin any threatened or continuing violations of Section 1245.55.
(Ord. 25-2006. Passed 3-7-06.)