§ 3.03.06. Review Criteria For Certificates Of Appropriateness: Demolition Of Landmarks Or Buildings And Structures On Landmark Sites

A.

Evidence On The Need For Demolition

When an applicant wishes to demolish a Landmark, the applicant shall have the responsibility of proving that the demolition is necessary and shall present adequate evidence on the need for the demolition. The HRRB shall take into account the situation and resources of the applicant in terms of the requirements for information provided by the applicant and in the case of economic hardship of an owner-occupied residential building, will provide assistance in compiling the necessary data, should the owner so desire. Nothing shall preclude an applicant from presenting more information as he sees fit to make his case.

B.

Alternatives To Demolition

1.

The applicant shall explore alternatives to demolition (such as relocation or renovation) and shall demonstrate said explorations to the HRRB. These shall include alternative approaches to the land use, relocation of the Landmark, and incorporation of the Landmark into the proposed redevelopment.

2.

The HRRB may negotiate with the applicant to see if an alternative to demolition can be found.

3.

The HRRB may ask interested individuals and organizations for assistance in seeking an alternative to demolition.

C.

Reasonable Beneficial Use

1.

The HRRB shall study the question of economic hardship for the applicant and shall determine whether the Landmark can be put to reasonable beneficial use without the approval of the demolition application. These determinations shall be in addition to the other factors examined by the HRRB in the demolition request.

2.

In the case of an income producing property, the HRRB shall also determine whether the applicant can obtain a reasonable return from the existing property.

3.

If economic hardship or the lack of a reasonable return is not proved, the HRRB shall deny the demolition application.

D.

Information Provided By The Applicant

In order to make an informed decision about a demolition, the HRRB must be provided the following information by the applicant. In the case where economic hardship or reasonable economic use is not at issue, the financial documentation is not required. Most of the financial information required is available through the tax records, or the applicant's income tax returns, mortgage agreement and property deed.

1.

A written cost estimate of the proposed demolition including removal and all associated costs to meet site condition requirements of this Code.

2.

A written report from a licensed engineer or architect experienced in rehabilitation as to structural soundness and the suitability for rehabilitation. In the case of an owner occupied single-family residential structure, an inspection report from the County Code Enforcement Officer may be substituted for the engineer's or architect's report, should the owner wish.

3.

Assessed value of the property according to the two most recent assessments.

4.

An estimate from a real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the structure on the property.

5.

The amount paid for the property, date of purchase or acquisition, the party from whom it was acquired, description of relationship between the owner/applicant and the person from whom the property was acquired, and any terms of financing between buyer and seller.

6.

If the property is income producing, the annual gross income from the property for the previous two years; and depreciation deduction, and cash flow before and after debt service, if any, during the same period.

7.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

8.

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

9.

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.

10.

For income producing properties, maintenance and operating expenses for the previous two years.

11.

Real estate taxes for the previous two years.

12.

Form of ownership or operation of the property, i.e. sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other method.

13.

Any other information which would assist the HRRB in making a determination as to whether the property does yield or may yield a reasonable return to the owners, e.g., pro forma financial analysis.

E.

Information Provided By The HRRB

1.

The HRRB shall determine whether the building or structure contributes to the Landmark and whether the building or structure continues to have its Landmark significance. The HRRB may decide that a building or structure on a Landmark Site may be demolished because it does not contribute to the Historic District or Landmark. Such a decision shall be based on its evaluation of the architectural and historical importance of the structure as described in 3.03.03 E.

2.

The HRRB may also make its own study of the points requested by the applicant in order to obtain additional information for its decision.

3.

Funds shall be provided within the regular budget of the HRRB to provide for the investigation of the merits of the demolition request.

4.

The HRRB staff shall determine whether the application is complete based on these points and the rules adopted by the HRRB.

5.

Any designated Landmark slated for demolition and having gone through the review process shall be offered for donation first to a private non-profit or governmental body, then to any private party for relocation on a new site. Only if no new owner or site is available, should a designated Landmark be demolished. A relocated Landmark shall retain its Landmark designation status.

(Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)