(a) 
Deterioration of exterior walls, foundations, or other vertical support. No owner or person with an interest in real property designated as a landmark or a property located within a district shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the HPC, create a detrimental effect upon the historic character of the landmark or district.
(b) 
Examples of serious disrepair or significant deterioration include:
(1) 
Causes leaning, sagging, splitting, listing, or buckling.
(2) 
Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.
(3) 
Deterioration or crumbling of exterior plaster finishes, surfaces or mortars.
(4) 
Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
(5) 
Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
(6) 
Rotting, holes, and other forms of material decay.
(7) 
Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.
(8) 
Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the contributing structure.
(9) 
Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
(Ordinance 886-24 adopted 12/18/2024)
(a) 
A permit for demolition of a landmark or property within a district, including secondary buildings, shall not be granted by the chief building official until the issuance of a COA for demolition by the HPC. In the event an emergency demolition is determined necessary by the chief building official, the HPO may grant a COA to allow the chief building official to approve an emergency demolition and issue a permit for that emergency demolition.
(b) 
The HPC shall hold a public hearing on each COA application for demolition within sixty (60) days from the date a complete application is received by the historic preservation office. Notice of the hearing shall be mailed to the property owner(s). Following the hearing, the HPO has thirty (30) days in which to prepare a written recommendation to the chief building official detailing the deterioration and substantiating the demolition. If the HPC does not act within ninety (90) days of receipt of the application, a demolition permit may be granted.
(c) 
In addition to the criteria and procedures established in section 16.04.003, the HPC will use the criteria of this section in considering applications for demolition of designated historic landmarks and properties in a historic district:
(1) 
Professionally prepared cost estimates for continued maintenance of the property in its current condition, of rehabilitation, and of demolition.
(2) 
A stamped engineer or architect's report as to structural soundness to demonstrate that the property is not structurally sound despite evidence of their efforts to maintain it and that it cannot be preserved, restored, rehabbed, or reused.
(3) 
The HPC must determine that it is not possible or feasible to prevent demolition of the building.
(d) 
Nothing herein shall be construed to impair, limit, or suspend the emergency powers of the city and its officials pertaining to demolition of structures in times of emergencies of calamity or natural disasters.
(e) 
Applications for a COA for demolition must include a post-demolition redevelopment plan, which must propose a building to replace the demolished building, and must include the following:
(1) 
Complete architectural drawings of proposed replacement building or, in cases where an existing underlying facade will be the replacement facade, a rendering of the expected appearance of the underlying facade, including a proposed restoration work;
(2) 
A written guarantee between the owner and the city that demonstrates the owner's intent and financial ability to construct a replacement building or facade or restore an existing underlying facade. The guarantee must:
(A) 
Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings depicting no shared walls that are approved by the city through the COA;
(B) 
Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other agreement approved by the city manager or designee to ensure construction of the new structure; and
(C) 
Be approved as to form by the city attorney.
(3) 
When demolition of a building is proposed, the post-demolition redevelopment plan shall also include the following:
(A) 
Site plan for proposed replacement structure; and
(B) 
Plan for temporary construction fencing. The plan shall include a depiction of any decorative elements that will be added to temporary construction fencing.
(f) 
Temporary construction fencing meeting the following standards shall be installed following any building demolition or creation of a vacant lot due to catastrophic loss:
(1) 
All temporary construction fencing requires an application for and approval of both a COA and a permit from the department of development services.
(2) 
Temporary construction fencing must be comprised of chainlink metal and at least 6' in height. The fencing may be chainlink metal panels. The fence should shield the entire site from view and access from right-of-way.
(3) 
Temporary construction fencing must provide a continuous opaque screen along the front property line.
(4) 
Temporary construction fence may include decorative elements, such as a mural, but such decorative elements shall require a COA approved by the HPC.
(g) 
The following standards shall apply to an emergency demolition, or a vacant lot caused by catastrophic loss of a building due to a fire or other act of God:
(1) 
Emergency demolition requires approval by the building official and issuance of an emergency COA prior to the issuance of a demolition permit.
(2) 
Temporary fencing meeting the standards must be installed within fifteen (15) days of the date of the emergency demolition or catastrophic loss. The fencing shall be on all visible sides of the lot.
(3) 
If building construction activity onsite has not begun within one (1) year of the date of the emergency demolition or catastrophic loss of the building, the temporary fence must be replaced by one (1) of the options below. One (1) extension of up to six (6) months may be approved by the HPO if construction plans for the site have been submitted.
(A) 
Landscaped site, with non-opaque fence, meeting the following standards:
(i) 
The applicant shall submit a scaled plan showing the vacant lot layout, the proposed landscaping and irrigation, and the proposed maintenance plan, which shall include provisions for trash removal, erosion management, and landscape maintenance.
(ii) 
Surface shall include grass or other living ground cover, in any combination, provided that the total site is covered.
(iii) 
Irrigation shall be provided consistent with the applicable standards for such systems.
(B) 
Minimum six (6) feet tall screening wall constructed out of brick, stone, or brick or stone veneer.
(i) 
Wall must be aligned with front wall of adjoining buildings.
(ii) 
Wall shall provide a continuous opaque screen along the entire length of the front property line.
(iii) 
Property owner must provide for ongoing maintenance of the wall in compliance with minimum property standards.
(iv) 
Upon redevelopment of the site, the screening wall must be removed.
(C) 
Alternative plan for beautification or activation of lot in line with the purpose and overall intent of the district, as approved by city council.
(Ordinance 886-24 adopted 12/18/2024)
Nothing in this chapter shall be construed to prevent the routine maintenance, replacement, or repair of any exterior architectural feature of a landmark or property within a historic district. A COA shall not be required for routine maintenance that involves no change in materials, dimensions, design, configuration, texture, surface coating, or visual appearance for work meant to remedy damage deterioration of configuration, texture, surface coating, or visual appearance for work meant to remedy damage or deterioration of site elements, structures, or their supplemental fixtures. The HPO shall make all final decisions on whether an activity is "routine maintenance." Routine maintenance is considered maintenance that meets all the following criteria:
(1) 
Does not require a building permit or COA;
(2) 
Shall be limited to repairing broken elements, replacing roofs like-for-like (i.e., gray asphalt shingles with gray asphalt shingles), replacing door hardware, or replacing broken window glass or reglazing historic windows;
(3) 
Does not involve a change in design or material, color, painting, or outward appearance; and
(4) 
Keeps a structure unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition.
(Ordinance 886-24 adopted 12/18/2024)
No owner or person with an interest in real property designated as a landmark or included within a district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the HPC, produce a detrimental effect upon the character of the district as a whole or the life and character of the property itself and should an owner sell a property without full disclosure. Any failure to disclose may cause owner to be subject to penalties in accordance with section 16.07.003. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of buildings, objects, property, or structures so designated as a landmark or included within the district and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such buildings or structures shall be preserved against decay and deterioration and free from structural defects through prompt corrections of any of the following defects:
(1) 
Facades or parts of facades which may fall and injure persons or property;
(2) 
Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
(3) 
Members of ceilings, roofs, ceiling, and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
(4) 
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
(5) 
Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; or
(6) 
Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
(7) 
Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for public safety.
(8) 
Once it has been determined that any building, object, property or structure designated as a landmark or included within a district has any of the above defects or has failed to be preserved in a manner that prevents deterioration of the exterior, upon written notice from the building official, the building owner will have sixty (60) days to present a plan to the HPC. HPC will determine timeline for repair and convey the same to the property owner.
(Ordinance 886-24 adopted 12/18/2024)