Section 7-303 Procedure For Relocation Or Demolition
An applicant seeking approval to relocate or demolish a structure within the HPOD shall follow the steps outlined in Section 7-204 or 7-206 or 7-211, as applicable. The applicant shall also comply with the following requirements:
7-303.A. Public Notice. Notice that H.A.R.C. or H.A.R.C. Chairperson will conduct a hearing to consider an application for demolition or relocation shall be based on the Classification of Activities and Applications as per Section 7-203. Public Notice for relocations and demolitions classified as Large Scale, Small Scale and Minor Scale Activities shall be a Level 3 Notice according to the provisions of 5-204.C. Relocations or Demolitions classified as Insubstantial Scale Activities require no notice.
7-303.B. Action by H.A.R.C., H.A.R.C. Chairperson and Planning Director. When taking final action on applications for demolition or relocation of structures, the following rules shall also be followed:
7-303.B.1. Applications for demolition or relocation of structures designated as local landmarks, or of THAS primary structures which are rated as contributing or supporting, or non-rated THAS primary structures within the THLD may be approved only upon the affirmative vote of five (5) H.A.R.C. members at both the preliminary and final review. Applications for relocation of rated THAS secondary structures shall only require a final hearing, pursuant to 7-206, and may be approved only upon the affirmative vote of five (5) H.A.R.C. members.
7-303.B.2. Applications for demolition or relocation of non-rated THAS primary structures located outside of the THLD or any non-rated THAS secondary structure may be approved only upon the affirmative vote of four (4) H.A.R.C. members.
7-303.B.3. Applications for demolition or relocation of non-designated structures, including applications for relocation of any structure into the HPOD, or any application which has been referred to H.A.R.C. by the H.A.R.C. Chair or the Planning Director, or any action of H.A.R.C. in administering this Division may be approved upon affirmative vote of a simple majority of H.A.R.C. members present at a duly constituted meeting of H.A.R.C., when a quorum is present.
7-303.B.4. Any reduction, suspension or termination of a moratorium may be approved only upon the affirmative vote of four (4) H.A.R.C. members.
7-303.B.5. H.A.R.C. and the Planning Director may delay the effective date of their approval for up to thirty (30) days.
7-303.B.6. The applicant shall be encouraged to sell or reclaim a structure and the materials to be demolished or permit others to salvage them and to provide an opportunity for others to purchase or reclaim the building or its materials for use in the HPOD.
7-303.C. Actions Following Approval. An applicant may apply for a building permit following the effective date of the approval of the demolition or relocation application and the filing and recordation, if necessary, of all documents memorializing the approval or required under Section 5-209.
An applicant may be required to advertise the availability of the structure and materials for sale or salvage in a local newspaper on at least three (3) occasions prior to demolition.
No building permit for demolition or relocation shall be issued unless the Building Official has also issued a total building permit for the replacement structure. In the event no such structure is required, as part of a redevelopment plan, then a letter of credit or other acceptable security to ensure performance of conditions of approval shall be posted with the Town in a form acceptable to the Town Manager.
7-303.D. Appeals. Any person aggrieved by the approval or denial by H.A.R.C., the H.A.R.C. Chairperson or the Planning Director of an application for relocation or demolition or by the imposition of a building permit or certificate of occupancy moratorium may appeal such action to the Town Council in accordance with the provisions of Section 7-217.A. A moratorium shall stay in effect until final action on the appeal by the Town Council.
7-303.E. Notice. A public notice announcing the final approval of a demolition or relocation application shall be published in accordance with the provisions of Section 5-208.H, except demolitions approved as an insubstantial activity.
7-303.F. Vesting. An approved final plan for the relocation or demolition shall constitute a site specific development plan, except demolitions approved as an insubstantial activity.