16.05.060 Demolition and Removal of Landmark Buildings and Sites.
It is the intent of this and succeeding Sections to preserve the historic and architectural landmarks of Provo City through limitations on demolition and removal of historic buildings and sites to the extent it is economically feasible, practical and necessary. The demolition or removal of historic buildings and sites in Provo City diminishes the character of the City’s older neighborhoods and historic districts, and it is strongly discouraged. Instead, the City recommends and supports preservation, renovation, adaptive reuse and relocation within Provo City. It is recognized, however, that structural deterioration, economic hardship and other factors not entirely within the control of a property owner may result in the necessary demolition or removal of a historic building or site.
(1) Certificate of Appropriateness for Demolition. No building or other structure that has been formally designated or nominated as a historic landmark (including significant and contributory buildings within a historic district) may be demolished or removed without the prior issuance of a Certificate of Appropriateness by the Landmarks Commission. Application for a Certificate of Appropriateness for demolition shall be made on forms provided by the Commission and shall be submitted to the Commission staff.
(2) Standards for Certificate of Appropriateness for Demolition of Landmark Sites (including significant sites within historic districts). In considering an application for a Certificate of Appropriateness for demolition of a Landmark Site, including significant sites within historic districts, the Landmarks Commission shall approve the application only upon finding that the project fully complies with one (1) of the following standards:
(a) The demolition is required to alleviate a threat to public health and safety as determined by the Building Official; or
(b) The demolition is required to rectify a condition of economic hardship, as defined and determined pursuant to the provisions of this Title.
(3) Pre-hearing Application Requirements. Upon refusal of the Development Services Department to issue a Certificate of Appropriateness, a pre-hearing period of sixty (60) days shall commence, during which time the owner shall allow the City to post and sustain a visible sign stating the structure is “proposed to be demolished.” Said sign shall be at least three (3) feet by two (2) feet, readable from a point of public access, and state that more information may be obtained from the Development Services Department for the duration of the stay. In addition, the owner shall conduct negotiations with the City for the sale or lease of the property or some interest in the property such as a facade easement, or take action to facilitate proceedings for the City to acquire the property under its power of eminent domain, if appropriate and financially feasible. At the end of the sixty (60) days, the owner may request a hearing before the Landmarks Commission upon showing that the above requirements have been met. The applicant shall also pay any applicable fees as shown on the Consolidated Fee Schedule adopted by the Municipal Council. The Department staff shall, within fourteen (14) days, notify the owner if any additional information is needed to complete the application. If the Department staff does not notify the owner, the application will be deemed complete. Within sixty (60) days of receiving the completed application, the Department staff shall schedule a hearing regarding the application on the agenda of the Landmarks Commission. If no decision is reached by the Landmarks Commission at the conclusion of one hundred twenty (120) days, the Certificate of Appropriateness for demolition shall be approved.
(4) Demolition of Buildings in Historic District. Unless a building in a historic district has been declared a dangerous or hazardous building by the Chief Building Official, a permit to demolish such structure shall not be issued until the Commission has first reviewed plans for the construction of a replacement structure, and has determined that the proposed new construction will comply with the provisions of this Title.
(5) Demolition of Dangerous Buildings. Notwithstanding the other provisions of this Section, upon a finding by the Chief Building Official or the Chief Building Official’s designee, that a building which is on the Provo City Landmarks Register poses imminent and immediate risk to the health, safety, and welfare of persons, a demolition permit may be issued by the Chief Building Official without first obtaining a Certificate of Appropriateness.