Special considerations regarding valuable historic resources and demolition
A. In the case of an application for construction, repair, or alteration, removal, or demolition affecting the exterior appearance of a structure or its appurtenances, which the commission deems so valuable to the city, state or nation that the loss thereof will be a great loss to the city, state or nation, the commission shall endeavor to work out with the applicant an economically feasible plan for the preservation of such structure.
B. Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the applicant, including the sale of the structure to any purchaser willing to preserve such structure or unless the commission votes to issue a certificate of appropriateness for the proposed construction, alteration, repair, removal, or demolition, the commission shall file with the building official its rejection of such application.
C. In the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.
D. In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the building official its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the proceeding paragraphs are in existence, or if:
1. Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
2. Preservation of such structure would cause undue or unreasonable financial hardship to the applicant, taking into account the financial resources available to the applicant including sale of the structure to any purchaser willing to preserve such structure; or
3. Preservation of such structure would not be in the interest of the majority of the community.
E. When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the applicant in identifying and evaluating alternatives to demolition, including sale of the structure and its present site. In addition to any other criteria, the commission also shall consider whether there is a reasonable likelihood that some person or group other than the applicant is willing to purchase, move and preserve such structure and whether the applicant has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
F. Demolition Through Owner Neglect. The city council, in consultation with the historic district commission, may identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The City of Newport shall publish standards for maintenance of properties within the historic district. Upon the petition of the historic district commission that the historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than thirty (30) days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council's orders, the council may cause the required repairs to be made at the expense of the city and cause a lien to be placed against the property for repayments.
G. No less than fifteen (15) days after receiving an application to demolish or to remove an historic cemetery, the commission shall forward the application to the commission to study historic cemeteries. The commission shall also immediately forward to the commission to study historic cemeteries its finding of fact, if any, together with its action on the application.
(Ord. No. 2010-28, § 1, 8-25-2010)