(A) The procedure for review of a Certificate of Appropriateness for demolition shall be as set forth in this chapter.
(B) The Board shall hear evidence concerning the application at its public hearing and may approve a certificate only if one of the following conditions is determined to exist:
(1) The application is for demolition of an addition, for a portion of a building or for an accessory structure, which is not significant to the principal structure, site, landmark or district and the approval of the application would not adversely affect those parts of a building, site, landmark or the historic district which are significant;
(2) The application is for the demolition or moving of a building, or portion of a building, which does not contribute to the character of and will not adversely affect the character of the property in a zone protected by an H-1 overlay; or
(3) No reasonable economic return can be realized from the property and the denial of the application would result in the taking of the property without just compensation. If the owner wishes to make a claim that the denial of the permit would amount to a taking of the property without just compensation, the owner shall submit to the Board of Architectural Review, not less than 20 days prior to the public hearing, the following information:
(a) For all property:
1. The amount paid for the property, the date of purchase and the party from whom purchased including a description of the relationship, if any, between the owner and the person from whom the property was purchased;
2. The assessed value of the land and improvements thereon according to the two most recent assessments recorded in the office of the Property Valuation Administrator;
3. The two most recent real estate tax bills;
4. Annual debt service for the previous two years recorded by the lending agency;
5. Appraisals obtained within the previous two years by the owner in connection with his or her purchase, financing or ownership or the property;
6. Listings of the property for sale or rent, price asked and offers received, if any; and
7. Any consideration by the owner as to profitable adaptive uses for the property.
(b) For income - producing property:
1. Annual gross income from the property for the previous two years;
2. Itemized operating and maintenance expenses for the previous two years; and
3. Annual cash flow for the previous two years.
(C) The Board of Architectural Review may require that the property owner furnish such additional information as the Board of Architectural Review believes is relevant to its determination of taking without just compensation and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his or her affidavit a statement of the information which cannot be obtained, and shall describe the reasons why such information cannot be obtained.
(D) Should the Board of Architectural Review find that the material submitted is not adequate for the proper review of the proposal, the Board of Architectural Review shall promptly notify the applicant and state specifically the information that the Board requires.
(E) Notwithstanding any other provision of this chapter, the Board of Architectural Review, after hearing evidence at its public hearing, may vote to postpone action to approve or deny an appeal for a reasonable period of time not to exceed one year from the filing date of application in order to conduct studies, surveys and/or gather information concerning the following:
(1) Alternatives which may be or may become available including restoration, rehabilitation, adaptive reuse, or other alternatives to demolition; and
(2) Study the question of economic hardship for the applicant including whether the landmark or the property can be put to reasonable beneficial use without the approval of the demolition; and whether the applicant can obtain a reasonable return from the existing building. If economic hardship or the lack of a reasonable return is not proved, the Board of Architectural Review shall deny the demolition application, giving the facts and reasons for its decision.
(F) (1) If the Board of Architectural Review approves the demolition as outlined, a Certificate of Appropriateness shall be given to the applicant and a copy transmitted to the Building Inspector.
(2) If the Commission votes to disapprove the application for a building permit, it shall transmit its decision to the Building Inspector. In such cases, no building permit or certificate of occupancy shall be issued by the Building Inspector on the application for a period of one year from the date of the decision of the Commission. After one year from the date of the decision of the Commission, the Building Inspector shall issue the building permit provided that the application meets all other requirements of law.
(3) In rebuilding, a structure shall not be permitted to be set any closer to the front lot line as the original structure.
(G) Any person or persons aggrieved by any decision of the Planning Commission affecting a historic district shall have the right to file a civil suit within 30 days from the date of the decision in a court of competent jurisdiction under the usual rules of procedure governing orders and injunctive relief provided the situation warrants it.
(Ord. 04-02, passed 2-3-04)