Chapter 26.32


26.32.010    Review criteria.

26.32.020    Submittal requirements.

26.32.030    Procedure.

26.32.040    Penalty.

26.32.010 Review criteria.

Any applicant/owner requesting demolition of part or all of a structure within the North Seventh Street Historic Residential District shall demonstrate that the demolition is warranted. Approval of a certificate of appropriateness for the demolition may only be issued upon consideration by the City Council of the following:

(a)    Whether the applicant has made a good-faith effort to pursue reasonable, cost effective alternatives to demolition.

(b)    Whether the loss of part or all of the subject property would be detrimental to the quality and continuity of the site, District or surrounding neighborhood.

(c)    Whether denial of the application would result in an undue economic hardship for the owner/applicant. Based on a thorough analysis of the financial, economic, and engineering information described below, the City Council may determine that there is an undue economic hardship if the following criteria are met:

(1)    No economically viable use consistent with zoning of the property will exist unless the demolition is approved. (Note: inability to put the property to its most profitable use does not constitute an undue economic hardship.)

(2)    The hardship is peculiar to the building or property in question and must not be in common with other properties.

(3)    The hardship is not self-imposed, caused by action or inaction of the owner, applicant or some other agent.

(4)    The applicant/owner has attempted and exhausted all reasonable alternatives which would eliminate the hardship, such as offering the property for sale.

(Ord. 4508, 3-21-12)

26.32.020 Submittal requirements.

The applicant/owner for demolition of part or all of a structure shall provide information including but not limited to the following items in order for the City Council to evaluate the application:

(a)    An estimate of the cost of the proposed demolition or removal and an estimate of any additional cost that would be incurred to comply with recommendations of the Historic Preservation Board.

(b)    A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for economic rehabilitation.

(c)    Estimated current market value of the property by a licensed real estate appraiser of the property both in its current condition and after completion of the proposed demolition or removal and all appraisals obtained within the previous two years by the applicant or owner in connection with the purchase, financing or ownership of the property.

(d)    An estimate of the cost of restoration prepared by an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation or reuse of like structures in the District.

(e)    Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased and any terms of financing between the seller and buyer.

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

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

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

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

(j)    Assessed value of the property according to the two most recent Mesa County assessments.

(k)    Real estate taxes for the previous two years.

(l)    Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, etc.

(m)    Current photographs of the building and land from the front street showing as much of the land and building as possible.

(n)    Current photographs of all exterior elevations from rooftop to ground.

(o)    Current photographs of all interior rooms.

(p)    A narrative summary of all special architectural features and details and materials used throughout the interior and exterior of the structure.

(Ord. 4508, 3-21-12)

26.32.030 Procedure.

(a)    Upon submittal of the application for a certificate of appropriateness for demolition to the City, the Public Works and Planning Department shall review all the documentation submitted for completeness. The Department staff shall prepare a report with findings. The Historic Preservation Board will then review the report and make a recommendation to City Council.

(b)    The application, with the findings and recommendations of the Department and the Historic Preservation Board, shall be presented to the City Council in accordance with the administrative procedures and notice requirements. The City Council will have 90 calendar days to consider and render its decision. If approved, the Public Works and Planning Department shall issue a certificate of appropriateness in order for the applicant/owner to obtain a building permit for the demolition.

(c)    If the City Council finds that all reasonable possibilities for saving a part or all of the structure have been exhausted and approves the demolition, all salvageable building materials shall be collected and then the waste should be removed as provided by the permit and asbestos or other hazardous material disposal procedures. The site shall then be planted and maintained until a new use goes into effect.

(Ord. 4508, 3-21-12)

26.32.040 Penalty.

If the applicant/owner of a structure within the North Seventh Street Historic Residential District abates or demolishes part or all of a building without first obtaining the certificate of appropriateness by following the procedures detailed herein, the applicant/owner shall pay a fine of $250.00 per square foot of the affected area.

(Ord. 4508, 3-21-12)