Sec. 54-85Demolition or relocation of a historic property or property within a historic district

(a) The HPC shall have the authority to deny a certificate of appropriateness application for demolition or relocation.

(b) A public hearing shall be scheduled for each certificate of appropriateness application for demolition or relocation. The applicant shall prove through substantial, competent evidence, that the demolition or relocation is necessary, including in the evidence presented:

(1) Alternatives to demolition or relocation such as planned development districts;

(2) Whether the building or structure can be retained on the site;

(3) Whether relocating the building or structure is appropriate and feasible;

(4) Whether the applicant has the ability to build proposed new construction within a reasonable period of time if the application is approved; and

(5) Whether the demolition is justified as an undue hardship.

(c) The HPC shall not grant certificate of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans and/or intentions for the site.

(d) Additional criteria on certificate of appropriateness applications for relocation. When the applicant wishes to relocate a building or structure designated a historic property, or relocate a building or structure into or outside of a historic district, the HPC shall consider:

(1) The contribution the building or structure makes to its present setting;

(2) Whether there are definite plans for the site to be vacated;

(3) Whether the building or structure can be moved without significant damage to its physical integrity; and

(4) The compatibility of the building or structure to its proposed site and adjacent properties.

These considerations shall be in addition to the points contained in subsection (b) of this subsection.

History: (Ord. No. 07-08, § V(E), 6-7-2007)