Section 175-93 BUILDING DEMOLITION AND RELOCATION.
A.
No
historic landmark, building or structure within any
historic district shall be razed, demolished or moved until the razing,
demolition or movement thereof is approved by the Board of
Architectural Review
or approved on appeal as provided herein.
B.
Notwithstanding
the provisions of Subsection A, the
owner of a historic landmark, building or structure shall, as a matter
of
right, be entitled to raze or demolish such a building or structure,
provided
that:
1. He has applied to the Town Council for such right;
2. The
owner
has, for the period of
time set forth in the time schedule hereinafter contained and at a
price
reasonably related to its fair market value, made a bona fide offer to
sell
such building or structure and the land pertaining thereto to any
person,
firm, corporation, government or agency thereof or political
subdivision or
agency thereof which gives reasonable assurance that it is willing to
preserve
and restore the building or structure and the land pertaining thereto.
In order
to demonstrate the making of a bona fide offer to sell, the owner shall
file a
notice with the Zoning Administrator identifying the property and
stating the
offering price and the name of the real estate agent, if any. No time
period
set forth herein shall begin to run until said notice has been filed.
Within
five (5) days of receipt, copies of the notice shall be delivered
by the
Zoning Administrator to the members of the Town Council, the
members of
the Planning Commission and the Town Manager; and
3. No
bona
fide
contract, binding upon all parties thereto, shall have been
executed for
the sale of any such building or structure and the land pertaining
thereto
prior to the expiration of the applicable time period set forth in the
time
schedule hereinafter contained. Any appeal from the decision of
the BAR,
whether instituted by the owner or by any other proper party,
notwithstanding
the provisions herein pertaining to a stay on appeal, shall not affect
the
right of the owner to make the bona fide offer to sell. No offer
to sell
shall be made more than one (1) year after the final decision of the
BAR, but
thereafter the owner may renew his request to the BAR to approve the
razing or
demolition of the historic landmark, building or structure. The time
schedule
for offers to sell shall be as follows:
OFFERING
PRICE MINIMUM
OFFER-TO-SELL
Period
(Months)
Less
than $25,000.00
3
$25,000.00
to $39,999.99
4
$40,000.00 to $54,999.99
5
$55,000.00 to $74,999.99
6
$75,000.00 to $89,999.99
7
$90,000.00 or more
12
4.
For
the purpose of this Article, a bona
fide offer to sell shall be defined as a selling price not greater than
ten
percent (10%) more than the fair market value appraisal of a certified
land
appraiser employing appropriate, recognized appraisal criteria for the
area in
question. The town shall retain the right to contest the bona fide
nature of
the offer as follows: the reasonable relationship of the offering price
to the
fair market value of the historic landmark, building or
structure, by
filing injunctive proceedings in the Warren County Circuit Court,
whenever the
town obtains an appraisal of the property in question by a
certified land
appraiser at a value at least ten percent (10%) below the offering
price
asked by the owner, regardless of any conflicting appraisal
obtained by
the property owner.