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Montgomery City Zoning Code

§ 16-13.18

Procedure Where Demolition Disapproved.

[Ord. #89-621, S 4]
In the event that the Commission disapproves an application for a Preservation Plan to demolish an historic building, place or structure, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure provided that all of the following requirements have been fully met:
a. 
The owner has applied for the necessary Preservation Plan and has received notice of denial for same from the Commission and has appealed to the Zoning Board of Adjustment, which has affirmed such denial.
b. 
The owner has met the notice requirements set forth in Subsection 16-13.19 for the full notice period as defined in Subsection 16-13.20.
c. 
The owner has, during the notice period and at a price reasonable related to its fair market value, made a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person, organization, government or agency thereof or political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.
d. 
The owner shall not have been a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with paragraph c., above.