§ 9. Demolition permits and economic hardship.  


Latest version.
  • (a)

    A demolition permit for a structure within a historic zoning overlay district, the Grapevine township district, or an individual landmark shall not be issued by the director of development services until review and issuance of a completed certificate of appropriateness application by the commission. The director of the committee shall not forward the application to the commission until it is complete; the following information must be supplied by the applicant before the application is considered complete:

    Information describing the condition of the structure

    Estimated cost of restoration or repair

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

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

    Architectural drawings of any proposed new construction which is intended to replace the existing structure

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

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

    (b)

    The commission shall hold a public meeting on the application within 30 days of receipt of the completed application. A copy of the decision shall be forwarded to the director of community development and to the applicant within ten 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:

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

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

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

    (d)

    The commission shall hold a public meeting on the hardship application at least 60 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.

    (e)

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

    (f)

    All decisions of the commission shall be in writing. Copies shall be sent to the applicant and a copy filed with the city secretary.

(Ord. No. 99-179, § 2, 12-21-99)