The purpose of this chapter is to establish a process and standards for evaluating requests for the demolition of buildings and structures citywide regardless of age, location, or zoning.

(Ord. 808, § 1, 3-19-2012)

No building or structure in any zoning district may be demolished and no building permit for demolition may be issued without approval pursuant to this chapter except as provided in Section 17.75.030.

(Ord. 808, § 1, 3-19-2012)

The following are exempted from the demolition review process as detailed in Sections 17.75.040 through 17.75.100:

A.

The city building official may issue a demolition permit for any building or structure that he or she determines to be an imminent hazard to public safety, either to the subject property or to neighboring properties, and where demolition is the only feasible means to secure the public safety. Prior to demolition of any such building or structure, the applicant will measure and photo document the resource, where safety permits, and provide the documentation to the community development department.

B.

Accessory buildings and accessory structures of less than two hundred square feet in size, as measured from the outside of the building or structure, except for those listed or determined eligible for listing on a cultural resources register. The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the director will forward the application to the City of Sonora Planning Commission (planning commission) for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

Applications for demolition permits shall be submitted to the community development department on forms prescribed by the community development Director for that purpose. Such applications shall be accompanied by a fee adopted by resolution of the city council.

For any building or design review permit application where demolition is also proposed, permits shall be processed and issued concurrently.

(Ord. 808, § 1, 3-19-2012; Ord. 600 Subsection 4 (part) 1985; Ord. 525 Subsection 8, 1979 and Ord. 647 § 2 (part), 1989)

A.

Where the community development director determines that satisfactory evidence has been provided to document that the building or structure is less than fifty years of age and is not listed or eligible for listing on a cultural resources register, the city building official may issue a demolition permit except as provided in paragraph B.

B.

The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the community development director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the community development director will forward the application to the planning commission for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

Prior to demolition of any building or structure fifty years of age or older the following is required:

A.

The community development director will require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The project proponent is responsible for the cost of preparing the cultural resource evaluation.

The cultural resources evaluation, prepared by a qualified consultant as determined by the community development director, shall determine the potential eligibility of the building or structure for listing, individually and/or as a contributor to a potential district, on a cultural resources register.

B.

Concurrently with the preceding, the community development director shall forward the application to cultural resources agencies and experts as he or she may deem necessary for review and comment.

C.

For buildings or structures determined ineligible for listing on a cultural resources register, the city building official may issue a demolition permit after the community development director accepts the cultural resources evaluation as accurate and complete and after consultations as required in paragraph B. A notice of the city building official's decision to issue a demolition permit shall be forwarded to cultural resources agencies at least ten days in advance of demolition. Decisions of the city building official or community development director may be appealed within ten days in accordance with Section 17.75.090(A).

D.

Buildings or structures determined eligible for listing, individually and/or as a contributor to a potential district, on a cultural resources register shall be referred to the planning commission for consideration as follows subject to the findings in Section 17.75.080.

The community development director shall forward a report to the planning commission, including comments and recommendations received in response to consultations pursuant to paragraph B and schedule the application for a public hearing before the planning commission following the process established in Sonora Municipal Code Sections 17.62.030 through 17.62.050.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

For buildings or structures of undetermined age which, in the opinion of the community development director, may be fifty years of age or older, the community development director may require preparation of a cultural resources evaluation at his or her discretion. If, during the preparation of the cultural resources evaluation, it is determined that the building or structure is less than fifty years of age and ineligible for listing on a cultural resources register, then the provisions of Section 17.75.050 shall apply. If the evaluation determines that the building is fifty years of age or older, then the provisions of Section 17.75.060 shall apply. The decision of the community development director may be appealed in accordance with Section 17.59.010 and 17.75.090(A).

(Ord. 808, § 1, 3-19-2012)

In considering the demolition application, the planning commission will consider the following:

A.

Findings. Demolition may be approved for a building or structure or portion thereof only where at least one of the following findings are made:

1.

The planning commission determines that the owner would have no economic use of the property unless the structure is removed. In this instance, the applicant shall submit to the city such economic and financial data as is determined necessary by the community development director to substantiate such claim; or

2.

The planning commission determines that the structure is in such a deteriorated condition that demolition will not have a significant effect on the achievement of the purposes of this chapter or the city's general plan; or

3.

The planning commission determines that demolition of the structure is consistent and does not conflict with the city's goals, policies, and programs with respect to the management of cultural resources in the city as reflected in the city's general plan.

B.

Actions. After due consideration, the planning commission shall exercise one of the options listed below:

1.

The planning commission may approve the demolition if the application conforms to one of the three findings listed in subsection A of this section; or

2.

The planning commission may decide that up to a four week stay of demolition be placed upon the processing of the demolition permit, in order to allow time for the applicant and planning commission to seek alternative solutions to demolition. If no alternatives are found, after the period established for stay of demolition, the planning commission may approve the application; or

3.

The planning commission must deny the application if none of the required findings per Section 17.75.080(A) can be made.

(Ord. 647, Subsection 2, 1989; Ord. 808, § 1, 3-19-2012)

A.

An appeal of the community development director or city building official's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the planning commission per the process established in Section 17.59.050.

B.

An appeal of the planning commission's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the city council in accordance with Sections 17.32.100 through 17.32.130.

(Ord. 600 subsection 4 (part), 1985; Ord. 525 subsection 10, 1979; Ord. 808, § 1, 3-19-2012)

Demolition decisions made pursuant to this chapter shall not become effective until any appeal filed pursuant to Section17.75.090 has been concluded, or the time for filing an appeal has expired and no challenges to the decision have been filed.

(Ord. 808, § 1, 3-19-2012)

A.

A demolition permit must be obtained from the city building official after demolition is approved by the planning commission. A demolition permit must be secured within one year after the date of the decision approving demolition unless:

1.

conditions of planning commission approval establish a shorter expiration period,

2.

an extension has been issued by the community development director, or

3.

a demolition permit has been issued by the city building official.

The community development director may grant an extension of the planning commission's decision approving a demolition for up to one additional year unless a demolition permit already has been issued by the city building official.

B.

Once a demolition permit is issued by the city building official, the demolition permit shall expire, and extensions shall be granted, as per Section 15.10.100 of the Sonora Municipal Code.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. Failure to comply shall be considered a violation subject to the penalties provided in Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

A violation of this chapter shall be enforced as provided in Sonora Municipal Code Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

In addition to the penalties provided in Chapter 17.70, an applicant for a demolition permit to legalize a violation of this chapter shall pay a violation permit processing penalty in accordance with the California Building Code.

(Ord. 808, § 1, 3-19-2012)