§ 65.476. Process for Demolition and/or Relocation.

The review process for demolition and/or relocation of any Historic Landmark and/or structures within an HP Overlay district requires a minimum of 180 days. The applicant must

first apply for a Certificate of Appropriateness in accordance with Section 65.471 of this Code.

For purposes of this Section, the 180 day time period will commence from the time when the minutes of the Board hearing are accepted by City Council.

Negotiations. During this 180-day period, the Historic Preservation board may negotiate with the owner or person in charge of the Historic Landmark and with any other parties in an effort to find a means of preserving the property.

Acquisitions. During this period, or at any time prior thereto and following notice of designation to the owner and where such action is appropriate for the continued preservation of the property, the Historic Preservation Board may enter into negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of the property or any interest therein. Nothing herein shall be construed to authorize the Board to obligate the City in the acquisition of property.

Extension in Waiting Period. The 180-day period may be extended for up to an additional 180 days should the City Council determine upon recommendation of the Historic Preservation Board that:

1.

there is a program or project under way which could result in public or private acquisition of the property involving the preservation and/or restoration of such property; and

2.

that there is a reasonable ground to believe that the program or project may be successful.

Reduction/Waiver in Waiting Period. The Historic Preservation Board is authorized to reduce or waive this waiting period if the applicant agrees to perform the proposed demolition or relocation in accordance with such conditions as the Historic Preservation Board may require, which conditions must be consistent with the criteria listed in Section 65.471 entitled "Criteria." If a reduction/waiver of the waiting period is sought by the applicant, this period may be reduced or waived where the owner would suffer extreme hardship, not including loss of profit, unless a reduction/waiver in the required period were allowed.

Appeals. Nothing in this Part shall prevent any person aggrieved by a determination of the Historic Preservation Board from appealing such determination to the City Council in accordance with this Chapter and thence to the appropriate court.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 6-20-1994, Doc. #27635)