A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole or partial demolition of a Historical Register property or property in a Historic District. The Commission shall grant a waiver if it finds the property in questions meets any of the following criteria and if the proposed demolition is determined to substantially improve or correct any of the following conditions:
- The property constitutes a hazard to the safety of the public or to the structure's occupants.
- The property is a deterrent to a major improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing and environmental clearances.
- Retaining the property will cause undue financial hardship to the owner when a governmental action, an act of God, or other events beyond the owner's control created the hardship and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the historic district, have been attempted and exhausted by the owner.
- Retaining the property is not in the interest of the majority of the community.
Review of the Proposed Demolition & Request a Waiver
The owner or his/her agent shall apply to the Commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the Commission in an attempt to find alternatives to demolition. The Commission shall issue its decision, in writing, within 45 calendar days from the initial meeting with the applicant, unless either party grants an extension. If no alternative to demolition has been agreed to during the review process, the Commission shall issue a written decision granting or denying the waiver. A copy of the Commission's decision shall be provided to the official in charge of issuing the demolition permit.
- The official in charge of issuing the demolition permit may include a condition allowing the Commission up to 45 additional calendar days to develop alternatives to demolition.
- The Commission may require any owner granted a waiver to document the loss of the Historic Register property by means determined by the Commission, which shall at a minimum include recent or historic photographs of the interior and exterior, construction plans if available, and a written history of the building outlining the historic significance.
- Any conditions agreed to by the applicant in the review process shall become conditions of approval of the permits granted by the city.
- The Commission shall remove the property from the city's Historic Register after the property is demolished.