§ 5-359. Demolition permits and economic hardship.

(a)

A demolition permit for a historic landmark structure shall not be issued by the director of development until review and issuance of a completed certificate of site plan approval. The director of development shall not forward the application to the committee until it is complete. The following information must be supplied by the applicant before the application is considered complete:

(1)

Information describing the condition of the structure;

(2)

Estimated cost of restoration or repair;

(3)

Demonstration that the adaptive use or restoration of the structure has been seriously considered;

(4)

Any available historic records of the building (drawings, photographs);

(5)

Architectural drawings for any proposed new construction which is intended to replace the historic structure;

(6)

Any conditions proposed to be voluntarily placed on new development that would mitigate the loss of the historic landmark structure;

(7)

Any other information that the staff finds appropriate for the committee to render a decision on the application.

(b)

The committee shall hold a public meeting on the application within forty-five (45) calendar days of receipt of the completed application and forward their recommendations through the planning and zoning commission to the city council for final determination. A copy of the decision shall be forwarded to the applicant within ten (10) days of the public meeting.

(c)

An applicant whose demolition CA has been denied may apply for hardship relief. In order to prove the existence of hardship, the applicant shall have the burden to establish that:

(1)

The property is incapable of earning a reasonable return on the owner's investment;

(2)

The property cannot be adapted for another use that can result in a reasonable return; and

(3)

No potential purchaser of the property with a reasonable offer who intends to preserve it can be identified.

(d)

The committee shall hold a public meeting on the hardship application at least ninety (90) calendar days following the original date of application for the demolition permit, at which time proponents and opponents of the application may present their views. The commission may seek expert assistance in the field(s) of real estate development, appraisal, financing and other related disciplines to review the hardship application. The committee shall forward their recommendations through the planning and zoning commission to the city council for final determination.

(e)

The applicant shall consult in good faith with the committee, interested local groups and individuals in a diligent effort to investigate alternatives that will result in preservation of the property.

(Ord. No. 1831, § 1, 8-27-02)