Chapter 26.32
DEMOLITION OF ALL OR PART OF ALL STRUCTURES WITHIN THE NORTH SEVENTH STREET HISTORIC RESIDENTIAL DISTRICT

Sections:

26.32.010    Applicability.

26.32.020    Review criteria.

26.32.030    Submittal requirements.

26.32.040    Procedure.

26.32.050    Penalty.

26.32.010 Applicability.

Any applicant requesting demolition of all or part of a principal structure within the North Seventh Street Historic Residential District shall demonstrate that the demolition is warranted either by cause or by effect of the structure being noncontributing to the District.

(Ord. 4910, 4-15-20)

26.32.020 Review criteria.

Approval of a certificate of appropriateness for a demolition may be issued upon consideration 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 has attempted and exhausted all reasonable alternatives which would eliminate the hardship, such as offering the property for sale.

(Ord. 4910, 4-15-20; Ord. 4508, 3-21-12. Formerly 26.32.010)

26.32.030 Submittal requirements.

(a)    The applicant for demolition of part or all of a structure shall provide information including:

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

(2)    A narrative description with supporting photographs of the structure including architectural features and details and materials used throughout the interior and exterior of the structure.

(3)    Additional information identified by staff or the Board to ensure sufficient evidence for reviewing the request.

(b)    In addition to those items listed in subsection (a) of this section, an applicant for demolition of part or all of a primary structure shall provide information including:

(1)    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 Board.

(2)    Estimated current market value of the property prepared by a Colorado licensed real estate appraiser, for the property in its current condition and after completion of the proposed demolition or removal.

(Ord. 4910, 4-15-20; Ord. 4508, 3-21-12. Formerly 26.32.020)

26.32.040 Procedure.

(a)    Upon submittal of the application for a certificate of appropriateness for demolition to the City, the Community Development Department shall review all the documentation submitted for completeness. The Department staff shall prepare a report with findings, including recommendation regarding historicity. All decisions on certificate of appropriateness shall be noticed and conducted as public hearings consistent with GJMC 21.02.080(g).

(b)    For all accessory structures:

(1)    The Historic Preservation Board will make a final decision regarding the certificate of alteration.

(2)    An appeal of the Board’s decision shall be heard by City Council.

(c)    For all primary structures:

(1)    The Historic Preservation Board will provide a recommendation to City Council.

(2)    Within 90 days of the HPB hearing, the City Council shall consider and decide upon the certificate of alteration for demolition.

(d)    If a certificate of alteration is approved for a historic structure, all salvageable building materials shall be collected and waste removed from the property.

(Ord. 4910, 4-15-20; Ord. 4508, 3-21-12. Formerly 26.32.030)

26.32.050 Penalty.

If the applicant 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, the applicant shall pay a fine of $250.00 per square foot of the affected area..

(Ord. 4910, 4-15-20; Ord. 4508, 3-21-12. Formerly 26.32.040)