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(A) (1) Except as provided below, the HPC may not deny an application for certificate of appropriateness (COA) authorizing the demolition of a designated historic landmark or property located within a district. However, the HPC may delay the effective date of such a certificate for a period of up to one year from the date of approval. The HPC may reduce the period of delay where it finds that the owner(s) would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay.
(2) During such period, the HPC may negotiate with the owner and with any other parties in an effort to find a means of preserving the property, as provided in the “powers and duties” of the Historic Preservation Commission ordinance and bylaws.
(3) The HPC may deny an application for a certificate of appropriateness (COA) authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Office to have statewide significance, as defined in the criteria of the National Register of Historic Places, unless the HPC finds that the owner(s) would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.
(B) (1) If the HPC has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the Board of Commissioners, the demolition or destruction of any building, site, or structure located on the property of the proposed landmark or in the proposed district may be delayed by the HPC for a period of up to 180 days or until the Board of Commissioners takes action on the designation, whichever occurs first.
(2) Should the Board of Commissioners approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness (COA) for demolition must then be filed; however, the maximum delay period of one year shall be reduced by the period of delay while the designation was pending.
(Ord. passed 6-22-2009)