1111.0903 Review of Physical Changes.

   A.   Review and Approval Authority. Proposals for physical change must be filed with the Planning Director. Within 10 working days the Planning Director shall notify the Plan Commission of any filings for physical change. The Planning Director will review proposals for approval or disapproval unless any Plan Commission member specifically requests that the proposal be placed on the Plan Commission's agenda for review. Such a request must occur prior to the Planning Director's decision and within 15 working days of the filing date.

   B.   Review Process. The Planning Director must complete the review within 30 days of the application filing date. In the event that the Planning Director does not take action within 30 days, the application must be placed on the next regularly scheduled Plan Commission agenda for review.

   C.   Review Criteria.

   The -DO District review process must complement the Downtown Toledo Master Plan, adopted by Ordinance 280-02, by identifying proposed changes that would conflict with the Downtown Toledo Master Plan and its implementation. During the review of proposed physical changes, consideration must be given to such items as:

      1.    The development of sufficient off-street parking areas as part of the Downtown Toledo Master Plan based on location, system of streets and public transportation facilities.

      2.    Compatibility with the downtown urban design guidelines in Section 1103.0205.

(Ord. 170-04. Passed 3-23-04.)

1111.0904 Demolition Review.

   A.   Applicability. All demolition requests are subject to review under the provisions of this subsection (Section 1111.0904).

   B.   Authority. The Plan Commission has review and approval authority for Demolition Review under this section after seeking comment from the City Historic District Commission for review and comment.

   C.   General Review Criteria. When application is made to demolish a structure that is subject to the provisions of this Section, the Plan Commission must approve the application when it finds that an economic hardship exists in that:

      1.    There is no reasonable economic use or return for the structure as it exists;

      2.    Deterioration has progressed to the extent that rehabilitation is not economically sound; or

      3.    The structure is of no reasonable value to the -DO District.

   D.   Economic Hardship Criteria.

   The Plan Commission, in making a determination of economic hardship, may consider any relevant information, including, without limitation, the following criteria:

      1.    Alternative uses are not feasible because they cannot earn a reasonable economic return in relation to all the following:

         a.    Estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred for changes necessary for the continued use of the building.

         b.    A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation;

         c.    Estimated market value of the property in its current condition; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes for the renovation of the existing property for continued use; and

         d.    Testimony from an architect, developer, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

      2.    The current economic return on the property in relation to all the following:

         a.    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 of record or applicant and the person from whom the property was purchased;

         b.    If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;

         c.    Real estate taxes for the previous two years and assessed value of the property according to the most recent assessed valuation; and

         d.    All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

      3.    The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:

         a.    Any real estate broker or firm engaged to sell or lease the property;

         b.    Reasonableness of the price or rent sought by the applicant; and

         c.    Any advertisements placed for the sale or rent of the property.

      4.    Economic incentives and/or funding available to the applicant through federal, state, city or private programs.

      5.    Other information considered by the Plan Commission to be significant in determining whether the property does yield or may yield a reasonable return to the owner.

   E.   Additional Demolition Review Procedures. After receipt of a demolition application, the Plan Commission must make a decision on the application.

      1.    The Planning Director must evaluate each application in accordance with the criteria set forth in Section 1111.0904C. and Section 1111.0904D and provide a written evaluation and report. The report must be presented to the Plan Commission on or before the Plan Commission's initial hearing.

      2.    The Plan Commission must hold an initial hearing on the application within 45 days of the date of filing of the application with mailed notice in accordance with Section 1111.0300. The Plan Commission may:

         a.    Approve the application upon a finding that an economic hardship exists under Section 1111.0300; or

         b.    May impose a waiting period of at least 30 days and not longer than 6 months from the date of the hearing of the application upon a finding that no economic hardship exists under Section 1111.0904D. This finding may include written recommendations to the applicant.

      3.    Upon the imposition of a waiting period, the Plan Commission must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure. The Plan Commission and applicant must investigate the feasibility of preserving the structure. During this period the Plan Commission and the applicant must make reasonable efforts to find a demolition alternative for the structure.

         a.    If the Plan Commission and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions at least every 30 days after the initial meeting.

         b.    During these meetings, the Plan Commission must give written notice to the applicant when the Plan Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.

      4.    The Plan Commission may develop its own information on the criteria in Sections 1111.0904C. and 1111.0904D., and this information must be made part of the record on the application.

      5.    The Plan Commission must announce at the initial public hearing that further information from any interested party may be made part of the record by submitting such information to the Planning Director by a date certain, and the Planning Director must transmit any such information received to the Plan Commission and the applicant.

      6.    The Plan Commission must seek the help of downtown leaders and suggest that they and the Plan Commission work together on developing an alternative to demolition by a date certain.

      7.    If, after reviewing all relevant information, the Plan Commission finds that an economic hardship exists under Section 1111.0904D., then the Plan Commission must approve the application.

      8.    If the Plan Commission, or upon appeal the City Council, and the applicant cannot agree on an alternative to demolishing the structure within the specified waiting period, then the application must be approved as a matter of law.

      9.    During the waiting period, the owner of such structure must reasonably maintain the structure to reduce further deterioration.

      10.    The applicant may appeal a decision of the Plan Commission, including the imposition of a waiting period, to the City Council for a determination pursuant to Section 1111.0905.

      11.    At the end of each year the Plan Commission must prepare a report summarizing the demolitions that year and the reasons for these demolitions. These summaries must be given to the Mayor, City Council, and interested downtown organizations.

(Ord. 170-04. Passed 3-23-04.)

1111.0905 Appeals.

   A.   The applicant or any other interested person, including any member of the Plan Commission, may appeal any decision of the Planning Director under this section by giving written notice to the Planning Director within 10 days after the Planning Director's action. No work on the proposed change may be commenced during the time for appeal or while an appeal is pending.

   B.   The Plan Commission must hear appeals or proposals that are properly called up for review, within 45 days of the time of appeal from the Planning Director or call up by the Plan Commission.

   C.   The applicant or any other interested person may, within 10 days after a Plan Commission decision, appeal the decision to City Council by filing written notice of the appeal with the Plan Commission and the Clerk of City Council, in which case the study and decision of the Plan Commission shall be forwarded to the City Council for a final decision by the City Council within 45 days. No work on the proposed change may be commenced during the time for appeal or while an appeal is pending.

(Ord. 170-04. Passed 3-23-04.)

1111.1000 Historic Districts and landmarks (designation or expansion).

1111.1001 Generally.

   Historic Districts and landmarks must be designated or expanded in accordance with the zoning map amendment procedures of Section 1111.0600 except as expressly modified by the provisions of this section.

(Ord. 170-04. Passed 3-23-04.)

1111.1002 Initiation.

   Proposals to designate or expand Historic Districts and landmarks must be initiated by resolution of the City Council, with referral to the Plan Commission and the City Historic District Commission for study and recommendation.

(Ord. 170-04. Passed 3-23-04.)

1111.1003 Information Required.

   Proposals to designate or expand Historic Districts and landmarks must include the following documentation:

   A.   An architectural survey of the same quality as required for listing on the National Register of Historic Places;

   B.   A boundary description; and

   C.   A description of the architectural and historical significance of the area or property.

(Ord. 170-04. Passed 3-23-04.)