16.05.080 Standards for Certificate of Appropriateness for Demolition of a Contributing Structure in an Historic District.
In considering an application for a Certificate of Appropriateness for Demolition of a contributing structure the Landmarks Commission shall determine whether the project substantially complies with the following standards.
(1) Standards for Approval of a Certificate of Appropriateness for Demolition.
(a) The physical integrity of the site (its location, design, setting, materials, workmanship, feeling and association as defined by the National Park Service for the National Register) is no longer evident;
(b) The streetscape within the context of the Historic District would not be negatively affected;
(c) The demolition would not adversely affect the Historic District due to the surrounding non-contributing structures;
(d) The base zoning of the site is incompatible with reuse of the structure;
(e) The reuse plan has been formulated to minimize impacts on the character of the district.
(f) The site has not suffered from willful neglect, as evidenced by the following:
(i) willful or negligent acts by the owner that deteriorates the structure;
(ii) failure to perform normal maintenance and repairs;
(iii) failure to diligently solicit and retain tenants; and
(iv) failure to secure and board the structure if vacant.
(g) The denial of a Certificate of Appropriateness for demolition would cause an economic hardship as defined and determined pursuant to the provisions of this ordinance.
(2) Landmarks Commission Determination of Compliance with Standards of Approval. The Landmarks Commission shall make its decisions based upon compliance with the requisite number of standards in Section 16.05.080(1), Provo City Code, as set forth below.
(a) Approval of Certificate of Appropriateness for Demolition. Upon making findings that at least six (6) of the standards are met, the Landmarks Commission shall approve the Certificate of Appropriateness for demolition.
(b) Denial of Certificate of Appropriateness for Demolition. Upon making findings that two (2) or less of the standards are met, the Landmarks Commission shall deny the Certificate of Appropriateness for demolition.
(c) Deferral of Decision for up to one (1) year. Upon making findings that three (3) to five (5) of the standards are met, the Landmarks Commission shall defer the decision for up to one (1) year during which the applicant shall conduct a bona fide effort to preserve the site.
(3) Bona Fide Preservation Effort. Upon the decision of the Landmarks Commission to defer the decision on a Certificate of Appropriateness for up to one (1) year, the applicant must undertake bona fide efforts to preserve the structure. The deferral period will begin once the bona fide effort has commenced. A bona fide effort shall consist of all of the following actions at a minimum:
(a) marketing the property for sale or lease;
(b) filing an application for alternative funding sources for preservation, such as federal or state preservation tax credits, Utah Heritage Revolving Loan Funds, Redevelopment Agency Loans, etc;
(c) filing an application for alternative uses or regulatory flexibility if available or feasible, such as conditional uses and variances; and
(d) obtaining written statements from licensed building contractors or architects detailing the actual costs to rehabilitate the property.
(4) Final Decision for Certificate of Appropriateness for Demolition Following Deferral. Upon the completion of the deferral period and if the applicant provides evidence of a bona fide preservation effort, the Landmarks Commission shall make a final decision regarding the Certificate of Appropriateness.
(5) Recordation Requirement for Approved Certificate of Appropriateness for Demolition. Upon approval of a Certificate of Appropriateness for demolition of a Landmark site or contributing structure, the Landmarks Commission shall require the applicant to provide archival quality photographs, plans or elevation drawings, as available, necessary to record the structure(s) being demolished.