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No person may demolish a historic property unless the planning director has approved, with or without conditions, an application to do so and a demolition permit has been obtained from the city manager. (Refer to EC 9.8160 General Application Requirements concerning pre-application requirements.) The planning director may condition approval of the application upon a postponement of the demolition if it will likely result in preservation of the historic property at its current site. A postponement shall be for a maximum of 60 days from the time the city determines the application is complete. If a postponement is a condition of approval, the decision of the planning director shall be in writing and contain findings and conclusions. The planning director shall consider the following in assessing the likelihood of preservation:

(1) The state of repair of the historic property and the financial and physical feasibility of historic rehabilitation, historic property moving, or leaving the property in its current state or location.

(2) The effects of the moving upon the use and development of the historic property.

(3) The marketability of the property and the willingness of the property owner to sell the property.

As a condition of approval of a demolition permit the planning director may impose certain documentation or artifact preservation requirements as outlined in the application form. These application provisions may be waived by the planning director based on public safety concerns and an immediate need to allow the structure to be demolished. Waiver under this section however does not waive the requirement for a demolition permit that would be applicable for property without historic property designation.

(Section 9.8180, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)