A. Intent: It is the intent of this chapter to encourage preservation and protection of historic structures and significant resources within designated historic preservation districts. However, it is recognized that there can be circumstances beyond the control of a property owner which may result in the necessary demolition of a landmark or structure within a designated district. These circumstances include a building which constitutes a nonrepairable public nuisance, which involves a resource whose loss does not adversely affect or may even benefit the integrity of the district, or which imposes an economic hardship on the owner. Such hardship shall be determined in accordance with this chapter. This section is intended to apply to demolition of exterior buildings or structure elements and shall not include demolition permits issued for the purpose of interior remodeling or other purposes not applicable to this chapter.
B. Issuance Of Permits: No permit shall be issued by the city, or by the city building inspector, or by the historic preservation inspector, for demolition or moving of all or any significant part of a structure or building which positively contributes to the character of a designated historic preservation district, before approval first by the commission and then by the mayor and common council. In making its decision, the commission may be influenced by the relative historic worth of structure, and by the influence which it has upon the district. The commission should not approve a demolition permit for building of exceptional merit and contribution to the district.
C. Approval: The commission may approve the demolition or moving permit if either of the following conditions exists:
1. The structure is judged by the city building inspector to be a hazard to public health or safety, and repairs are impossible or impracticable;
2. Retention of such structure would cause significant and undue financial hardship to the owner, defined as a situation where more funds than are reasonable would be required to retain the structure, or where moving the structure would not be feasible or permissible. In such a case, the burden of proof of significant financial hardship shall rest upon the owner of the structure in question.
D. Time Period: In cases where approval for demolition or moving is granted for reasons other than public health or safety, such certificate shall not become effective until one hundred eighty (180) days after application for the demolition permit. This time period is provided to allow for possible relief of a hardship, or to cause the property to be transferred to another owner who will retain the structure.
E. Maintenance: It shall be the responsibility of property owners within city historic preservation districts to maintain their historic properties at such a level that they are neither a public hazard nor infeasible to repair.
F. Demolition: When a structure is demolished, it shall be the responsibility of the property owner to clear the site within ten (10) days, and to keep it free from debris, trash, and weeds, in compliance with this code. (Ord. 2015-01, 7-14-2015)