§ 62-111. Demolition of a historic resource where a certificate of designation has previously been issued or other demolition of certain buildings or structures constructed prior to January 1, 1946.

Demolition of a historic resource previously issued a certificate of designation or other demolition of certain buildings or structures constructed prior to January 1, 1946 constitutes an irreplaceable loss to the history and character of the county. No certificate of appropriateness shall be issued for the demolition of a historic resource previously issued a certificate of designation or a contributing property in a designated historic district or certain other buildings or structures constructed prior to January 1, 1946 deemed to be eligible for designation as a significant historic resource as determined by the historic preservation officer in accordance with section 62-74, unless the applicant demonstrates by the preponderance of the evidence that undue economic hardship or unusual and compelling circumstances support such a demolition. Such eligibility shall not be construed as requiring the owner to apply for such designation. If such building or structure is deemed not to be eligible for designation, then the historic preservation officer shall approve demolition of the building or structure constructed prior to January 1, 1946.

(1)

Unusual and compelling circumstances.

a.

Criteria. In situations where the applicant claims that unusual and compelling circumstances require the demolition of an individually designated historic resource or a contributing property in a historic district or where a certain building or structure was constructed prior to January 1, 1946 deemed to be eligible for designation as a significant historic resource as determined by the historic preservation officer in accordance with section 62-73, the historic preservation board shall consider the following criteria:

1.

The building or structure is of such interest or quality that it would reasonably meet national standards for additional designation on the National Register of Historic Places or as a National Historic Landmark.

2.

The building or structure is of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense.

3.

The building or structure is one of the last remaining examples of its kind in the county or the region.

4.

The building or structure contributes substantially to the historic character of a designated historic district.

5.

Retention of the building or structure would promote the general welfare of the county by providing an opportunity for the study of local history, architecture or design.

6.

Definite plans exist for reuse of the property if the proposed demolition is carried out, and if the plans will have a positive effect on the character of the surrounding area.

7.

A reasonable effort was made to relocate the building or structure.

8.

Demolition of the designated building or structure has been recommended or ordered by the appropriate public agency due to unsafe conditions.

b.

Action by board. On applications for certificates of appropriateness for demolition claiming an unusual and compelling circumstance, the board may approve, approve with conditions or deny the request or may suspend action to allow further study of the matter for a period not to exceed 180 days from the date of the filing of the application. The length of the delay shall be determined by the board based upon the probable time required to arrange a possible alternative to demolition. During the stay of demolition, the board may take such steps as it deems necessary to preserve the building or structure concerned in accordance with the purposes of this chapter. Such steps may include but shall not be limited to consultation with civic groups, public agencies and interested citizens; recommendations for acquisition of property by public or private bodies or agencies; and exploration of the possibility of moving the structure or building.

(2)

Undue economic hardship.

a.

Criteria. In situations where, by reason of particular site conditions and restraints or circumstances applicable to the property owner, strict enforcement of this chapter will deny him of economically viable or reasonable use of a property, the applicant shall submit the following information to the historic preservation officer:

1.

For all property:

i.

The amount paid for the property, the date of purchase and the party from whom the property was purchased.

ii.

The assessed value of the land and improvements thereon according to the two most recent county property appraiser's assessments.

iii.

Real estate taxes for the previous two years.

iv.

Annual debt service, if any, for the previous two years.

v.

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

vi.

Any listing of the property for sale or rent, price asked and offers received.

vii.

Any consideration by the owner as to profitable adaptive uses for the property.

2.

For income-producing property:

i.

Annual gross income from the property for the previous two years.

ii.

Itemized operating and maintenance expenses for the previous two years.

iii.

Annual cash flow, if any, for the previous two years.

The board reserves the right to solicit expert testimony.

b.

Action by board. The board shall review all evidence and information submitted by the applicant and make a determination as to whether the denial of a certificate of appropriateness for demolition will deprive the owner of reasonable use of, or economically viable return on, the property in question. If the board decides that denial of the proposed action does not or will not deprive the owner reasonable use of or an economically viable return on the property, then the certificate of appropriateness for demolition will be denied. In the event the board finds without approval of the proposed work all reasonable use of, or economic return from, a historic building or structure which has previously been issued a certificate of designation or a contributing property within a historic district or other building or structure constructed prior to January 1, 1946 deemed eligible for designation as a historic resource as determined by the historic preservation officer in accordance with section 62-74, will be denied a property owner, then the application shall be delayed for a period not to exceed 180 days from the date of filing of the application. During this period the board shall investigate alternatives to preserve the property. Such alternatives may include, but are not limited to a reduction in real property taxes, financial assistance, changes in zoning, public purchase, and/or code exemptions. If by the end of the period for the stay of demolition the board has found that, without approval of the demolition, the property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom, then the board shall issue a certificate of appropriateness for demolition.

(3)

Documentation of buildings. The board shall, as a condition to approval of such demolition, have the power to require the documentation of buildings slated for such demolition by photographs and measured drawings.

(Ord. No. 91-34, § VII, 12-19-91; Ord. No. 95-31, § IX, 8-24-95)