§ 98-194. Demolition.

(1)

Criteria for reviewing demolition applications. Demolition of an historic or contributing structure or architectural feature constitutes an irreplaceable loss to the quality and character of the historic district. Therefore, no structure within the historic district shall be demolished or removed, in whole or in part, until after a certificate of approval for demolition has been approved by ARHPB based on the following criteria:

(a)

The structure is of such interest or quality that it would reasonably meet national, state or local criteria for designation as a historic landmark.

(b)

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

(c)

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

(d)

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

(e)

Retention of the structure promotes the general welfare of the city by providing an opportunity for the study of local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage.

(f)

The historic, architectural or environmental significance of the structure to the overall ensemble of structures within the historic district and the importance of the structure to the integrity of the historic district.

(g)

There are definite plans for reuse of the property if the proposed demolition is carried out, a funding commitment appropriate for such reuse plans, a reasonable timeframe for project initiation and completion, and an explanation of what the effect of those plans will have on the architectural, historical, archaeological, social, aesthetic or environmental character of the historic district and surrounding area.

(h)

Whether reasonable measures can be taken to save the structure from further deterioration, collapse, arson, vandalism or neglect.

(i)

Any determination by the building official that the structure is an imminent hazard to public safety.

(j)

The economic hardship imposed on the owner if the application for certificate of approval for demolition is denied.

(k)

Any measures that have been taken to prevent the structure from deteriorating, such as performance of normal maintenance and repairs and provision of normal tenant improvements. In addition, whether the structure was willfully or negligently allowed to deteriorate.

(l)

The extent of the demolition to be performed.

(2)

Reconstruction. Local historic landmarks or contributing structures within the historic district that have been destroyed by fire or other natural disaster may be ameliorated by efforts to reconstruct the resource. Reconstruction means the process of reproducing by new construction the exact form and detail of a demolished building structure or object as it appeared at a certain point in time. ARHPB shall encourage reconstruction when appropriate.

(3)

Waiting period. If a certificate of approval is issued by ARHPB for demolition of a contributing structure or structure currently being considered by ARHPB for contributing status, the certificate of approval must include the condition that the applicant must wait for a total period of up to 90 days before the applicant may perform such demolition or relocation in accordance with this article. ARHPB will specify a specific time frame for demolition in the certificate of approval for demolition.

During this period, ARHPB may negotiate with the owner of the landmark and with any other party to find a means of preserving the property including the acquisition by gift, purchase, exchange or otherwise of the property or any interest therein.

(a)

Extension of waiting period. To facilitate negotiations or allow for further rehabilitation efforts, ARHPB may extend the waiting period for demolition for up to six months. Such six-month maximum waiting period may once be extended by the city commission for an additional period of up to, but not exceeding 90 days, upon a recommendation from ARHPB that:

i.

There is a program or project in progress which may result in acquisition of the property for the purpose of its preservation and/or restoration; and

ii.

There is a reasonable basis to believe that the program or project will be successful.

(b)

Reduction/waiver in waiting period. ARHPB may reduce or waive the waiting period required by this section in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed. ARHPB shall also have the discretionary authority to waive all or any portion of the required waiting period provided that the proposed alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by ARHPB insuring the continued maintenance of the historical, architectural, or cultural integrity and character of the property.

(4)

Economic hardship. Economic hardship shall be determined in accordance with this section. When a claim of extreme economic hardship is presented, proof shall be submitted that the applicant cannot realize a reasonable and beneficial use of or economic return from the property. If the property is residential and nonincome producing or is an accessory structure, the owner shall not be required to prove economic hardship. In the case of a demolition of a structure where the principal facades remain intact, the owner shall not be required to prove economic hardship. ARHPB shall make findings based on each of the following factors provided by the applicant:

(a)

The marketability or salability of the property, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous three years.

(b)

The feasibility of adaptive or alternative uses for the property that can earn a reasonable economic return for the property as a report from a licensed engineer or architect with experience in rehabilitation, as to the structural soundness of any structures on the property and their suitability for rehabilitation will be provided.

1.

An estimate of the cost of construction, alteration, demolition, or removal, and estimate of any additional cost that would be incurred to comply with the recommendation and decision of ARHPB concerning the appropriateness of proposed alterations.

2.

The estimated market value of the property in the current condition, after completion of the demolition, after completion of the proposed construction, and after renovation of the existing property for continued use.

3.

The testimony of an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or use of existing structures on the property.

4.

Proof of the financial ability to complete the replacement project.

5.

The current fair market value of the property, as determined by at least two independent appraisers certified by the State of Florida.

(c)

Any other information the applicant or ARHPB finds is relevant to demonstrate extreme economic hardship or the lack thereof.

The applicant shall submit all necessary materials to the planning department, so that staff may review and comment and consult on the case. Staff comments and any other comments shall be forwarded to ARHPB for consideration and review and made available to the applicant for consideration prior to the meeting. ARHPB may require that an applicant furnish such additional information that is relevant to its determination of extreme economic hardship. Staff may also furnish additional information as ARHPB or staff believes is relevant and it shall be made available to the applicant and ARHPB for consideration prior to the hearing.

(5)

Demolition by neglect. Every owner of a contributing structure or a structure being considered by AHRPB for contributing status within the historic district shall not allow such structure to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to result in a threat to continued existence of such structure. Examples of the type of disrepair prohibited include, but are not limited to:

(a)

The deterioration of exterior walls or other vertical supports;

(b)

The deterioration of roofs or other horizontal members;

(c)

The deterioration of exterior chimneys;

(d)

The deterioration or crumbling of exterior plasters or mortar;

(e)

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

(f)

The deterioration of any feature, interior or exterior, so as to create or permit the creation of any hazardous or unsafe condition or conditions.

In the event that a contributing structure or a structure being considered by ARHPB for contributing status is in disrepair and is in the course of being "demolished by neglect," the owner of record shall be notified of the condition of the structure and the items that need repair via certified or registered mail. ARHPB shall request a meeting with the owner or the tenant of the building and ARHPB shall present ways to improve the condition of the property or otherwise protect any contributing structure or a structure under consideration for contributing status. If the owner or tenant fails to appear at such meeting or fails to initiate corrective action within 30 days after such meeting, ARHPB shall notify the appropriate code inspector of the violation or initiate or otherwise recommend any other corrective action deemed necessary as authorized in section 98-198 of this Code.

(6)

Emergency demolition. Notwithstanding the existence of a valid certificate of approval, the city reserves the right to initiate and carry out its own demolition of a structure pursuant to chapter 18, article II, division 5 of this Code. If the structure to be demolished is a contributing structure or a structure currently being considered by ARHPB for contributing status, the following additional conditions must be met prior to demolition:

(a)

The building official must consider and explore alternatives to demolition, including but not limited to repair, renovation, and any other options. After such consideration, the official must determine, in writing, that such options, if any, are either impractical or are otherwise not feasible. Such written opinion shall document the reasons as to why demolition is necessary under the circumstances, any and all options considered, and the reasons as to why such options are impractical or otherwise unfeasible;

(b)

The building official must document in writing the emergent circumstances and/or threat of imminent harm warranting demolition.

(c)

The building official responsible for permitting the demolition shall notify the community development department prior to demolition and request input concerning alternatives to demolition;

(d)

Prior to demolition, the building official shall comply with the documentation requirements of section 98-194(8) of this Code.

An emergency demolition conducted pursuant to this subsection shall not relieve a property owner or agent thereof of liability or responsibility for demolition by neglect as provided for in section 98-194(5) of this Code.

(7)

Permits. Prior to the recommendation of demolition, the applicant shall be required to obtain a building permit for new development based on the standards set forth in this article. Once the city has approved the permit for replacement construction, the demolition permit may be issued. When the permit is for a contributing structure or structure being considered by AHRPB for contributing status, absent exigent circumstances permits shall not be issued until all plans for the site have received all the necessary approvals.

(8)

Documentation requirements. Every contributing structure or structure being considered by AHRPB for contributing status in both the residential and the commercial historic districts that is approved for demolition by ARHPB or is determined by the building official to be an imminent hazard and is to be subsequently demolished, shall be documented prior to demolition consistent with the State of Florida Bureau of Historic Preservation Division of Historic Resources' Documentation Requirements For Buildings Proposed For Demolition and Standards For Architectural Documentation. The documentation shall be submitted to the historic preservation board to be kept on file by the city. This documentation, which usually consists of dimensioned drawings, photographs and written data, provides important information on a property's significance for use by the city and ARHPB to justify the necessity for demolition. A demolition application form shall be filled out and reviewed by the city along with all of the other required information before a request for demolition will be reviewed.

(9)

Partial demolition. Projects meeting the definition of "partial demolition" as set forth in this article shall not be considered demolitions subject to this section, but instead shall be reviewed and considered in the same manner as alterations to a property or structure within the historic district.

(10)

Noncontributing structures. Owners of noncontributing structures or structures that are not currently being considered by ARHPB for contributing status shall not be required to show economic hardship in applying for a certificate of approval for demolition for such structures. Further, certificates of approval for demolition of noncontributing structures or structures not currently being considered for contributing status shall be liberally granted to owners of such structures when:

(a)

The structure is in poor or otherwise substandard condition;

(b)

The structure is in general nonconformance with the requirements of this article or the design standards and guidelines manual; and

(c)

The owner can demonstrate definite plans for reuse of the property if the proposed demolition is carried out, a funding commitment appropriate for such reuse plans, a reasonable timeframe for project initiation and completion, and an explanation of what the effect of those plans will have on the architectural, historical, archaeological, social, aesthetic or environmental character of the historic district and surrounding area.

(Ord. No. 10-05, § 2(Exh. 1), 1-14-10)