§ 9.5-37. Delay in demolition of landmarks.  


Latest version.
  • (a)

    An application for a certificate of appropriateness authorizing the demolition or destruction of a designated landmark, structure or site may not be denied except as provided for in subsection (c) of this section. However, the effective date of such a certificate may be delayed for a period of up to one hundred eighty (180) days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of, or return from, such property by virtue of delay. During such period, the commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site. If the commission finds that a landmark has no special significance or value toward maintaining the character of the surrounding neighborhood, it shall waive all or part of such period and authorize earlier demolition or removal.

    If the commission has voted to recommend designation of a property as a landmark and final designation has not been made by the county commissioners, the demolition or destruction of any building, site or structure located on the property of the proposed landmark may be delayed by the commission for a period of up to ninety (90) days, or until the county commissioners take final action on the designation whichever occurs first.

    (b)

    The county commissioners may enact an ordinance to prevent the demolition by neglect of any designated landmark. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.

    (c)

    An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the state historic preservation officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied, except where the commission finds that the owner would suffer extreme hardship, or be permanently deprived of all beneficial use or return by virtue of the denial.

(Ord. of 3-18-02(1); Amend. of 7-16-07(1))