Town of Truckee DC Chapter 18.83

Chapter 18.83 - Demolition Review

Sections:

18.83.010 - Purpose of Chapter
18.83.020 - Applicability of Demolition Review
18.83.030 - Demolition Review Procedures
18.83.040 - Findings and Decision

18.83.010 - Purpose of Chapter

This Chapter establishes procedures and criteria for the review of demolition requests to historic resources in order to implement the requirements of the -HP District and the goals and policies of the Historic Resources Element of the General Plan.

18.83.020 - Applicability of Demolition Review

A. When required. Any and all actions that will result in the removal, relocation, tearing down, or demolition of a historic resource, or portion thereof, shall be subject to Demolition Review in compliance with this Chapter. This includes but is not limited to total demolition of a resource, or portion thereof, or partial demolition that is so extensive that it would result in the lowering of the survey rating for the resource.

B. Building permits. No building permit shall be issued for any demolition until the demolition has been evaluated through the Demolition Review process and a Certificate of Economic Hardship has been granted.

18.83.030 - Demolition Review Procedures

A. Commencement of review. The Demolition Review process is initiated when the Director receives completed applications for Demolition Review and for a Certificate of Economic Hardship. The application packages shall include all plans, elevations, specifications, sample materials, etc. as specified in the application and any additional information required by the Director in order to conduct a thorough review of the proposed demolition.

B. Review with other permits. Demolition Review in conjunction with projects that require the approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority in compliance with Table 4-1 (Review Authority) and Section 18.70.030 (Concurrent Permit Processing). The Director shall prepare a report for the review authority outlining the findings and any conditions relating to the Demolition Review prior to the review authority's consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

C. Review by Historic Preservation Advisory Commission. The Demolition Review application shall be forwarded to the Historic Preservation Advisory Commission (HPAC) for review. The HPAC shall review the application in accordance with the requirements of this chapter and the Historic Design Guidelines and forward a recommendation of approval, conditional approval, or denial to the Director.

D. Factors to be considered. In conducting a Demolition Review for a particular project, the Director shall consider the classification category of the historic resource (Category A, B, or C) and the location and the overall effect of the proposed demolition upon surrounding properties and the Downtown Study Area in general. Demolition Review shall be conducted by comparing the proposed demolition to applicable General Plan policies, the Downtown Study Area Specific Plan, adopted development standards, design guidelines, and other applicable ordinances of the Town.

E. Reference to Certificate of Economic Hardship and Historic Design Guidelines. In reviewing demolitions subject to the requirements of this Chapter, the Director shall consider the standards and guidelines of Section 18.77.060 (Certificate of Economic Hardship) and Chapter 18.26 (Historic Preservation Design Guidelines).

F. Action, conditions. The Director may approve or recommend approval of the design of a proposed demolition in compliance with Section 18.83.040 (Findings and Decision). The Director may impose conditions upon the demolition to ensure that the project would meet all of the required findings.

G. Exemption. The Director may exempt a Demolition Review application from the requirements of this Chapter and authorize the removal or demolition of a historic resource if the historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public, and immediate action must be taken on the application to safeguard the public health, safety, and welfare.

18.83.040 - Findings and Decision

A. The Director may refer any application to the Planning Commission for review and decision.

B. Category A (Essenting Rating) and Category B (Contributing Rating) Resources. The Director or review authority may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

1. The findings for a Certificate of Economic Hardship can be made and a Certificate of Economic Hardship is granted in compliance with Section 18.77.060 (Certificate of Economic Hardship);

2. The historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public; there are no other reasonable actions that may be taken by the town or property owner to eliminate or reduce the immediate danger to an acceptable and safe level; and the historic resource must be demolished immediately to safeguard the public health, safety, and welfare; or

3. The historic resource must be removed from the site in order for the property to be utilized for a public structure or use which substantially benefits the public.

C. Category C (Supporting Rating) Resources. The Director or review authority may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

1. Maintaining the resource is not economically feasible based on policies, criteria, and guidelines adopted by the Town Council. The Director or review authority may determine that only a portion of the documentation cited in Section 18.77.060.C is required to demonstrate economic feasibility;

2. Within one year of the demolition of the resource, the resource will be replaced by a building reconstructed to replicate the resource from a period of the historic significance of the resource and the reconstruction of the building is done in accordance with the "Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings" as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties;

3. The historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public; there are no other reasonable actions that may be taken by the town or property owner to eliminate or reduce the immediate danger to an acceptable and safe level; and the historic resource must be demolished immediately to safeguard the public health, safety, and welfare; or

4. The historic resource must be removed from the site in order for the property to be utilized for a public structure or use which substantially benefits the public.

In those cases where the Director or review authority authorizes the demolition of a Category C historic resource, the Director or review authority may require that materials for the original be used in a new building on the site and/or that the historic building form of the original be replicated in development on the site.

18.83.050 - Enforcement

In additionn to the legal remedies set forth in Section 18.200.070, the Town may choose to undertake any or all of the following legal actions to impose sanctions for violations of this Chapter.

A. Any conviction of an infraction or misdemeanor under the provisions of this Development Code for violating any provision of this Chapter shall be punishable by a fine of not more than Ten Thousand Dollars ($10,000), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

B. Within 18 months of the date of demolition of a historic resource demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the owner of the property shall replace the historic resource with a building reconstructed to replicate the resource from a period of the historic significance of the resource, and the reconstruction of the building shall be done in accordance with the "Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings" as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

C. On properties on which an historic resource has been demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the Town shall not approve or authorize any change in the use of land or structures, including such non-structural uses such as parking lots, for a period of five years from the date of demolition of the historic resoucre. The Town shall not approve or authorize an increase in floor area or lot coverage which was in existence prior to demolition of the historic resource for an approved replacement use for a period of five years from the date of demolition of the historic resource.