Allentown City Zoning Code
§ 28-16.11
Demolitions and Relocations.
[Added 4-20-2021 by Ord. No. 03-2021]
a.
Certificate of Approval Required.
1.
No building or structure located in a historic district or a historic site shall be removed or relocated without a certificate of approval. Subject to the criteria set forth in paragraph a2 below, said approval shall be granted only if the structure or building cannot be put to a reasonable use, and its preservation will impose an undue hardship on the applicant.
2.
In reviewing any demolition or relocation application, the following matters shall be presented by the applicant and considered by the Commission:
(a)
The historic, architectural, archeological, cultural and aesthetic significance.
(b)
The current and potential use for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
(c)
The importance to the municipality and the extent to which its historical or architectural value is such that its removal or relocation would be detrimental to the integrity of the historic property or district and the public interest.
(d)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(e)
The extent to which its retention would increase property values, promote business, create new positions, attract tourists, students, writers, historians, artists and artisans, attract new residents, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live.
(f)
The probable impact of its removal or relocation upon the ambiance of the historic district.
(g)
The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to comply with the requirements of the applicable building codes.
(h)
The compelling reasons for not retaining the structure or improvement at its present site, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the structure or improvement as a result of the relocation.
(i)
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this chapter and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
b.
Procedure when Initial Application for Demolition or Relocation Disapproved. If the Commission disapproves an initial application to demolish or relocate a historic structure, the owner shall for a period of one year from the date of said disapproval make bona fide and diligent efforts to sell the building or structure to any person, organization, governmental agency or political subdivision that provides reasonable assurance that it is willing to preserve said structure. In order to maximize the opportunity to preserve the structure, the owner shall provide notice of the proposed demolition or relocation in accordance with the provisions set forth below.
c.
Demolition Notice Posted and Publication.
1.
Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the Notice Period in a location such that it is clearly readable. In addition, the applicant shall cause to be published a notice in the official newspaper setting forth the following:
(a)
The applicant's intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished; and
(b)
The applicant's proposed use of the property following demolition; and
(c)
The anticipated time frame(s) associated with the demolition; and
(d)
A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
(e)
The applicant's name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or to make an offer to purchase the property as set forth above.
2.
Sale for Fair Market Value.
(a)
The applicant has the obligation to offer the property for sale prior to seeking demolition for a period of at least 180 days (the "offer period") and at a price reasonably related to its fair market value as a historic property.
(b)
Applicant shall make a bona fide offer to sell such building, structure, site, object or improvement and the land pertaining thereto to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement and the land pertaining thereto.
(c)
For the purposes of satisfying the requirements of offering the property for a bona fide sale, the applicant shall not be obligated to accept less than the structure's fair market value as a historic building and structure.
(d)
Notice Period. The period of time during which notice must be given in the manner herein before set forth shall be known as the "Notice Period" which shall commence on the tenth day following the date of the notice of denial of the appeal from the zoning board of adjustment and such notice period shall run for a period of time of 90 days.
(e)
The notice shall be published as follows: At least once within the first 10 days of the notice period; and
(f)
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
(1)
Advise the Commission in writing of its intention to proceed with the demolition; and
(2)
Certify in writing to its compliance with the provisions of the 180-day offer period; and
(3)
Provide the Commission with a copy of the notice that appeared in the official newspaper of the Borough and a listing of all dates on which the said notice appeared in the newspaper; and
(4)
Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the 180-day "offer period" or following the newspaper noticing referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
(5)
File copies of the affidavits of publication relating to the newspaper noticing with the Commission.
3.
Where Demolition Is Approved. If the Commission approves an application for a certificate of appropriateness to demolish a historic site or a building, structure, site, object or improvement located in a historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish same provided that all of the foregoing requirements have been fully met and the applicant has complied with paragraph 4 below by providing an opportunity to salvage or recycle part of structure prior to demolition.
4.
Opportunity to salvage or recycle part of building or structure prior to demolition. With respect to demolitions only, in the event the owner does not intend to recycle or salvage parts of the structure, the owner shall for 30 days afford interested parties and groups the opportunity to remove parts or architectural features from said structure prior to its demolition. The Commission shall maintain a list of interested parties and groups and the owner shall provide notice by certified mail to such groups advising of said opportunity to salvage.
5.
Where Demolition Is Disapproved. In the event that the Historic Preservation Commission disapproves demolition, the applicant may obtain a demolition permit if the following conditions are satisfied:
(a)
The applicant applied for the certificate of appropriateness;
(b)
The applicant has received notice of denial from the administrative officer;
(c)
The applicant filed an appeal of the denial by the administrative officer to the Planning Board;
(d)
The Planning Board has affirmed the decision of the administrative officer.
(e)
The applicant complies with paragraph 4 above by providing an opportunity to salvage or recycle part of building or structure.