The procedure for a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship shall be as follows:
a. Upon receipt of a completed Certificate of Appropriateness for Demolition application, the Historic Preservation Officer shall review the application for a preliminary determination of compliance with the standards for economic hardship and the criteria for review found in P below. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the application and get initial direction.
b. Following determination of completeness of a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship and a preliminary determination of compliance, the Historic Preservation Officer shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration. The owner shall be required to stabilize and secure the property subject to the penalties of this Section until a final decision by the Historic Preservation Commission becomes effective.
c. The Historic Preservation Commission shall conduct its initial review of the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that standards for economic hardship and the criteria for review have been met. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. In the event the Historic Preservation Commission does not act within ninety (90) days of the initial application being determined complete, a Certificate of Appropriateness for Demolition may be granted.
d. In considering the application, the Historic Preservation Commission may take action to postpone the application in order to establish a Stay of Demolition period. The owner shall conduct in good faith with the city local preservation organizations and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the Landmark. Negotiations may include but are not limited to such actions to utilize various preservation incentive programs sell or lease the Landmark, or facilitate proceedings for the city to acquire the Landmark under its power of eminent domain, if appropriate, and financially possible. If negotiations are successful, the Certificate of Appropriateness for Demolition application shall be considered withdrawn and all associated applications closed.
e. At the end of the one hundred and eighty (180) days, if prior negotiations are unsuccessful and the request for demolition stands, the Historic Preservation Officer shall schedule a second public hearing on the application at the next available Historic Preservation Commission meeting pursuant to the same manner described above in b above.
f. At the end of the second hearing, the Historic Preservation Commission may take action to approve, postpone requesting additional information or deny the application. If no hearing has been scheduled within sixty (60) days of the end of the stay period, a Certificate of Appropriateness for Demolition shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing.
g. If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness for Demolition to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. The approval shall be valid for one (1) year from the hearing date of the Historic Preservation Commission final decision. The historic property shall immediately be removed from the city’s inventory of historic properties in the official public records of real property of Hays County and the official zoning maps of the city, as applicable.
i. Prior to demolition, the city may as a condition of approval require the owner to provide documentation of the historic property at the owner’s expense in accordance with the standards of the Historic American Building Survey (HABS). Such documentation may include photographs, floor plans, measured drawings, an archeological survey, or other information as specified.
ii. Approval for the demolition of a structure may be conditioned upon the construction of an acceptable replacement structure, or landscape or park plan. A bond or other financial guaranty in the amount of the cost of the replacement structure may be required in order to assure the construction of the replacement structure, or park, or landscape plan.
iii. The city may also require the owner to incorporate an appropriate memorialization of the building, structure or site such as a photographic display or plaque into any proposed future development project on the property.
h. Denial of a Certificate of Appropriateness for Demolition application involving Economic Hardship shall prevent the owner from demolishing the property or reapplying for another Certificate of Appropriateness for Demolition application for a period of three (3) years from the hearing date of the Historic Preservation Commission final decision, unless substantial changes in circumstances have occurred other than resale of the property or those caused by acts beyond the control of the owner. It shall be the responsibility of the owner to stabilize and maintain the minimum maintenance standards for the property so as not to create a hazardous or dangerous building.
i. The city may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work as it becomes available.
j. The owner may appeal the decision of the Historic Preservation Commission to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal.
