HomeMy WebLinkAbout2852 Modify Demolition Requ.ORDINANCE NO. 2Z3~~'''
AN ORDINANCE AMENDING SECTION 15.04.210 OF,
AND ADDING OTHER SECTIONS TO, THE ASHLAND
MUNICIPAL CODE FOR THE PURPOSE OF MODIFYING
THE REQUIREMENTS FOR THE DEMOLITION AND
MOVING OF STRUCTURES
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04.210 of the Ashland Municipal Code is amended to read:
15.04.210 Demolition or relocation of structures.
The purpose of sections 15.04.210 to 15.04.218 is to promote a reduction in
volume of solid waste by encouraging all reasonable opportunities to rehabilitate
or adaptively reuse existing structures. By volume, building materials form a
large percentage of the solid waste stream and continued use of the building
materials in existing structures will reduce the amount of waste produced.
For purposes of sections 15.04.210 through 15.04.218, the following terms,
phrases, words and their derivations mean:
Demolition: To raze, destroy, dismantle, or any act or process that may
cause partial or total destruction of a structure where less than 60% of the
structure's external walls will be retained in place; or where less than 90%
of the street facade will remain.
Facade: The front or principal face(s) of a building, sometimes
distinguished from the other faces by elaboration of architectural or
ornamental details and often serving as the primary entrance."
Except as provided in section 15.04.210.D, a permit is required before any
structure can be demolished or relocated. The permit fees for demolition or
relocation of a structure will be set by resolution of the council.
D. No demolition or relocation permit is required:
For structures of less than 500 square feet in size.
For relocation of a structure upon the same lot.
To demolish a building declared to be dangerous under the Uniform Code
for the Abatement of Dangerous Buildings pursuant to section
15.04.010.B.
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In addition to the enforcement provisions of this Title, the City Attorney may, or
upon order of the City Council shall, immediately commence action or
proceedings for the prevention of the demolition or relocation of a structure in the
manner provided by law, and may take such other steps and apply to such
courts as may have jurisdiction to grant such relief as will prevent the demolition,
moving, removal, or damage to a building or structure, or using property contrary
to the provisions of this Title. The remedies provided for in this section shall be
cumulative and not exclusive.
For any demolition or relocation in violation of sections 15.04.210 to
15.04.218, the court shall also have the authority to order the person
convicted of the violation to restore the structure to its condition prior to
the demolition or to move and restore the building to its original site.
For any flagrant violation, the court may impose a fine up to and including
the assessed market value of the structure demolished or relocated. A
flagrant violation is an act by a person who, after being notified of a
violation, intentionally continues it.
SECTION 2. The following sections 15.04.212 through 15.04.218 are added to the
Ashland Municipal Code:
15.04.212 Demolition Review Committee. The Demolition Review Committee is
established and will consist of three members: a city councilor appointed by the mayor,
a planning commissioner appointed by the chair of the planning commission and the
city building official. The term for the appointed members is one year or until their
successors are appointed. The term for appointed members shall expiring on April 30 of
each year, except that the term for the initial appointees shall expire April 30, 2001. A
member is eligible for reappointment.
15.04.214 Approval Process. Applications for demolition or relocation permits will be
decided by the Demolition Review Committee who will conduct a public hearing on
each application and apply the standards set forth in sections 15.04.216 or 15.04.218
for granting or denying the permit.
A. A complete application must be submitted to the building official and must include all
of the required information for the specific action requested. The application must be
signed by one or more property owners of the property where the structure is located.
The application must be accompanied by the appropriate application fee.
B. Notice for hearings before the Demolition Review Committee will be published in a
daily newspaper of general circulation within the city at least 14 days prior to the
hearing and mailed to the applicant or authorized agent at least 14 days prior to the
hearing. In addition a notice must be posted on the property by the applicant in such a
manner as to be clearly visible from a public right-of-way at least 14 days prior to the
date of the hearing. The applicant must certify, for the record of the hearing, that the
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posting was accomplished. The posted notice must contain a brief description of the
proposal, the time, date and place of the hearing, and the phone number and address
for contact with the building official.
C. Within 15 days of the hearing, or within 15 days of the receipt of the report described
in section 18.04.216.1 .a is received, whichever date is later, the Demolition Review
Committee shall issue its decision in writing and mail it to the applicant and all persons
who appeared and spoke at the hearing.
D. The decision of the Demolition Review Committee may be appealed to the council
by the applicant or someone who spoke at the hearing. In addition, the council may
review the decision on its own motion. The decision is appealed by filing a notice of
appeal with the city administrator. The appeal fee, as set by resolution of the council,
must accompany the notice of appeal. The appeal must be filed within 15 days of the
date the decision of the committee is mailed. The appeal notice must contain the
appellant's name, address, a reference to the decision sought to be reviewed, a
statement that the appellant is the applicant or someone who appeared and testified at
the hearing, the date of the decision being appealed, and the specific grounds for which
the decision should be reversed or modified, based on the applicable standards.
E. The notice of appeal, together with notice of the date, time and place of the hearing
on the appeal by the Council will be mailed to the parties at least 20 days prior to the
hearing. The appeal before the council shall be a de novo hearing based solely on the
evidence in the record made before the Demolition Review Board. The applicant shall
have the burden to prove the standards have been met. The council may affirm,
reverse or modify the decision and may approve or deny the request, or grant approval
with conditions. The Council shall make findings and conclusions, and make a decision
based on the record before it as justification for its action. The Council shall cause
copies of a final order to be sent to all persons participating in the appeal.
15.04.216. Demolition standards.
A. For demolition of structures erected prior to 1955, the applicant must demonstrate,
that either subparagraphs 1 or 2 apply:
The structure cannot be rehabilitated or reused on site as part of any
economically beneficial use of the property. In determining whether an
economically beneficial use can be made of the property, the Demolition
Review Committee may require the applicant to:
Furnish an economic feasibility report prepared by an architect,
developer, or appraiser, or other person who is experienced in
rehabilitation of buildings that addresses the estimated market
value of the property on which the building lies, both before and
after demolition or removal, or
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Market the property utilizing a marketing plan approved by the
Demolition Review Committee or by advertising the property in the
Ashland Daily Tidings and Medford Mail Tribune at least eight
times and at regular intervals for at least 90 days and by posting a
for sale sign on the property, four to six square feet in size and
clearly visible from the street, for the same 90 day period.
The structure proposed for demolition is structurally unsound despite
efforts by the owner to properly maintain the structure.
B. In addition to subparagraphs 1 or 2 above, the applicant must also demonstrate:
1. The structure cannot be practicably relocated to another site;
The demolition proposal mitigates to the greatest extent practical any
impact to the character of the neighborhood within which the demolition is
proposed to occur;
The integrity and architectural character of the neighborhood where the
proposed demolition is to take place will not be substantiality diminished
or compromised. For the purposes of this provision, the term
"architectural character" includes, but is not limited to, height, coverage,
setbacks, massing, siting, fenestration, streetscape, alleyscape, materials,
and scale of materials;
Subsequent development on the property will add to the architectural
character of the neighborhood more than the structure to be demolished;
The demolition proposal mitigates to the greatest extent practical any
impact to the importance of other structures located on the property and
on adjacent parcels;
o
The applicant has received final approval for a Site Review Permit
pursuant to section 18.72.040 for the redevelopment plan of the
originating site. The redevelopment plan must provide for a replacement
structure of a minimum of 1,000 square feet and must be compatible with
or enhance the integrity and architectural character of the neighborhood.
This standard may be waived if the applicant agrees to restrict the
property to open space uses and a finding is made that such restriction
constitutes a greater benefit to the neighborhood than redevelopment
would; and
The applicant will post with the city a bond, or other suitable collateral as
determined by the city administrator, ensuring the safe demolition of the
structure and the completed performance of the redevelopmerit plan.
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C. For demolition of structures erected in 1955 or after, the applicant:
Has the burden of proving the structure was erected in 1955 or after. Any
structure erected in 1955 or after, which replaced a pre-1955 structure
demolished or relocated under sections 15.04.210 to 15.04.218, shall be
considered a preo1955 structure subject to the standards in subsections
15.04.216.A and B.
,
Must demonstrate that final approval for a Site Review Permit pursuant to
section 18.72,040 for the redevelopment plan of the originating site has
been received. The redevelopment plan must provide for a replacement
structure and must be compatible with or enhance the integrity and
architectural character of the neighborhood. This standard may be waived
if the applicant agrees to restrict the property to open space uses and a
finding is made that such restriction constitutes a greater benefit to the
neighborhood than redevelopment would
For any demolition approved under this section, the applicant is required to
salvage or recycle construction and demolition debris, if feasible and
cost-effective as determined by the Demolition Review Committee. The
Committee may consult with the Conservation Commission or others in making
such determination.
Section 15.04.218. Relocation Standards.
A. For relocation of structures erected prior to 1955, the applicant must demonstrate:
The structure cannot be rehabilitated or reused on its originating site as
part of any reasonable and beneficial use of the property.
Relocation is the best method for preservation of the character and
integrity of the structure.
The structure will retain sufficient features, integrity of design, materials,
workmanship, feeling, and association, so as to continue to convey its
architectural significance.
The architectural integrity of the neighborhood of the origination site and
of the structure itself, will not be substantiality cornpromised or diminished
and the proposal for subsequent development on the origination site will
add to the character of the neighborhood more than the structure to be
moved.
The structure is capable of withstanding the physical impacts of the
relocation and re-siting based on a structural report by a licensed
engineer attesting to the soundness of the structure.
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The applicant has agreed to post with the city a bond or other suitable
collateral as determined by the city administrator, ensuring the safe
relocation, preservation, rehabilitation and repair of the structure,
receiving site preparation and infrastructure connections.
The applicant has received final approval for a Site Review Permit
pursuant to section 18.72.040 for the redevelopment plan of the
originating site. The redevelopment plan must provide for a replacement
structure of a minimum of 1,000 square feet and must be compatible with
or enhance the integrity and architectural character of the neighborhood.
This standard may be waived if the applicant agrees to restrict the
property to open space uses and a finding is made that such restriction
constitutes a greater benefit to the neighborhood than redevelopment
would.
B. For relocation of structures erected in 1955 or after the applicant:
Has the burden of proving the structure was erected in 1955 or after. Any
structure erected in 1955 or after, which replaced a pre-1955 structure
demolished or relocated under 15.04.210 to 15.04.218, shall be
considered a pre-1955 structure subject to the standards in subsections
15.04,216.A and B.
Must demonstrate that final approval for a Site Review Permit pursuant to
section 18.72.040 for the redevelopment plan of the originating site has
been received. The redevelopment plan must provide for a replacement
structure for the originating site and must be compatible with or enhance
the integrity and architectural character of the neighborhood. This
standard may be waived if the applicant agrees to restrict the property to
open space uses and a finding is made that such restriction constitutes a
greater benefit to the neighborhood than redevelopment would.
For any relocation under this section, the applicant must comply with the
provisions of Chapter 15.08.
SECTION 3. The following section 18.72,040.A.7 is added to the Ashland Municipal
Code:
18.72.040 Approval Process.
Staff Permit. The following types of developments shall be subject to
approval under the Staff Permit Procedure. Any Staff Permit may be
processed as a Type I permit at the discretion of the Staff Advisor.
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Redevelopment plans for property subject to the demolition or
relocation requirements in sections 15.04.216 and 15.04.218.
The foregoing ordinance was fimt read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 7th day of
PA~PTED this~,/~
Barbara Christensen, City Recorder
SIGNED and APPROVED this 7 Z-
December, 1999, and duly
,1999.
day of ~ ,1999.
Catherine M. Shaw, Mayor
R~s~fo~ .... ""'-
Paul Nolte, City Attorney
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