§ 16-614. Temporary restraint of demolition.

While it is the purpose of this article to preserve structures of historic or architectural significance, it is recognized that all areas of significance cannot be identified, analyzed, and designated at one time. However, it is important to protect properties with potentially qualifying buildings from inappropriate demolitions until review and hearings can be completed for possible historic preservation designation. Therefore:

(a)

No demolition permit shall be issued by the building official regarding any structure located within an area of an application for historic designation under section 16-612 between such time as the application is filed and the time the action is taken on the application by the county council unless it is determined after review by the committee established under subsection 16-613(e)(1) that the structure to be demolished contains no historic or architectural significance and is not an essential contribution to other historic features in the area.

(b)

If a demolition approval is not issued after committee review, then the HPAB shall, within 30 calendar days of the application acceptance date, hold a public hearing, at which time, the requesting party shall demonstrate:

(1)

For total demolition:

a.

The structure is of minimal historic significance because of its location, condition, modifications or other factors, and its demolition will be inconsequential to historic preservation needs of the area; or

b.

The structure is determined to have historic or architectural significance but:

i.

The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to maintain the structure; and

ii.

The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and

iii.

The structure cannot be practically moved to another site in Los Alamos; and

iv.

The applicant demonstrates that the proposal mitigates the greatest extent practical the following:

a)

Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur.

b)

Any impact on the historical importance of the structure or structures located on the property and adjacent properties.

c)

Any impact to the architectural integrity of the structure or structures located on the property and adjacent properties.

(2)

For partial demolition:

a.

The partial demolition is required for renovation, restoration, or rehabilitation of the structure; and

b.

The structure is determined to have historic or architectural significance but, the structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to maintain the structure; and

c.

The applicant has mitigated, to the greatest extent possible:

i.

Impacts on the historic importance of the structure or structures located on the property.

ii.

Impacts on the architectural integrity of the structure or structures on the property.

At the conclusion of the meeting, the HPAB shall submit its recommendation if the permit should be approved or denied to the planning and zoning commission.

(c)

Within 14 days of the HPAB meeting date, the planning and zoning commission shall hold a public hearing. The recommendation of the HPAB shall be entered into the record and shall be considered by the planning and zoning commission in making its determination. The finding of the planning and zoning commission shall be final and may be appealed to the county council in accordance with article XII of this chapter.

(d)

If the request for demolition permit is denied, then no permit for demolition shall be issued for six months from the date of the planning and zoning commission hearing on the permit.

(1)

If historic designation has not been granted for the property, at the expiration of the six-month period, the building official shall grant a demolition permit for the property.

(2)

At the time of adoption of historic property designation, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition approvals after that time shall be regulated by section 16-613.

(Ord. No. 02-234, § 2, 10-29-2013; Ord. No. 02-271, § 7, 5-2-2017)