(a) Whenever a building within the District is proposed to be demolished, partially demolished or removed, an application for a certificate of appropriateness shall be filed with the City Clerk as provided in this chapter. Such application shall set forth the intent to demolish.
(Ord. 36-90. Passed 10-22-90.)
(b) The Board of Architectural Review shall hear the request not sooner than twelve days nor later than sixty days from the date the application is filed and shall advertise such hearing to provide time for public comment. The Board may request a statement from the City's Division of Building Regulation on the structural condition of the building and the conformity of the building to applicable building codes. In addition, the Board may request at the City's expense a written statement concerning the proposed demolition by a registered architect, historical conservator or other professional having experience with historic structures. Such statement shall be taken into consideration in determining the appropriateness of the request. The applicant may provide at his or her expense any evidence or testimony from a registered architect, historical conservator or other professional having experience with historic structures. The Board of Architectural Review shall act on the request not later than thirty days after the initial hearing on the application. The applicant may waive this requirement by filing with the Director of Planning and Building a written statement waiving the right to have his or her application acted upon within such thirty-day period.
(Ord. 09-2013. Passed 4-15-13.)
(Ord. 09-2013. Passed 4-15-13.)
(c) The Board of Architectural Review shall determine by a vote of its members whether to issue a certificate of appropriateness based on the determination:
(1) That such building is not historically or architecturally significant;
(2) That if the building is found to be historically or architecturally significant, there is no feasible or prudent alternative or change that would allow preservation of the building; and
(3) The proposal for grading, landscaping and other design treatment once the structure is removed meets the standards of this chapter.
(d) In any circumstance, the Board shall not deny a request for a certificate of appropriateness if it determines either:
(1) That such denial will deny all reasonable use of the property or
(2) That such denial shall result in an unsafe condition because of the structural or physical condition of the building.
(e) No building shall be demolished or removed in the Architectural Review District without the owner or his or her representative first obtaining a certificate of appropriateness approving such removal or demolition, unless such building presents an immediate danger to public health and safety in the opinion of the City's Chief Building Official, in which event, the Chief Building Inspector may order removal or demolition of such building in order to protect public health and safety.
(Ord. 36-90. Passed 10-22-90.)