49-98 Demo of Structures on Comm Property

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PLEASE SUBSTITUTE FOR Ordinance No. 49-98 PLACED ON 1ST READING fi REFERREB TO THE PLANNING COMMISSION & RULES & ORDINANCES COMMITTEE ON 10/5/98. PLACED ON 2ND READING 2/1/99. ORDINANCE NO: 49-98 BY Corrigan, FitzGerald, George, :Roth, Seelie, Skindell, Smith An ORDINANCE to amend the Zoning Code of the Codified Ordinances of the City of Lakewood. WHEREAS, the amendments to the Zoning Code promotes the development of and protects existing residential uses found throughout the City thereby protecting property values; and WHEREAS, the amendments to the Zoning Code encourages the orderly development and retention of commercial uses in a manner consistent with the Community Vision; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the existing Chapter 1133 of the Codified Ordinances of the City of Lakewood be amended by enactment of new section 08 to read as follows: 1133.08 DEMOLITION OR REMOVAL OF PRINCIPAL STRUCTURES ON COMMERCIAL OR INDUSTRIAL PROPER-rlES 1133.08 (a) DEMOLITION OR REMOVAL OF PRINCIPAL STRUCTURES ON COMMERCIAL OR IN DUSTRIAL PROPERTIES Requirements B'efore Demolition or Removal of Principal Structures on Commercial or Industrial Properties. No demolition or removal of a principal structure in a C1 Office, C2 Retail, C3 General Business and the Industrial Districts shall be permitted unless and until one (1) of the following conditions is satisfied: (~) (2) (3) The Safety Director of the City authorizes the Commissioner to grant a demolition or removal permit, based on causes such as fire or other source of property damage or loss, in order to remedy conditions immediately dangerous to ife, health or property, or To remedy a nuisance, as jointly determined and recommended by the Commissioner, tt~e Fire Chief, the City Engineer and the Director of the Division of Health; or The passage of 180 days following application to the Commissioner for a demolition permit or permit to move a principal structure, during which time the applicant has further made good faith application to all required boards and commissions of the City for approval of new development plans at the location of such property; or The proposed new building(s) and/or structure(s) at the location of such property conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review, and by any other required boards and commissions of the City, in order to proceed with new development plans. In addition, notwithstanding any other requirements, all approvals for such new development plans shall be based on the following factors: (A) The new development plans are consistent with the Code, the "Lakewood Community Vision" and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as stated in Title 36 of the Code of Federal Regulations, Part 1208 (Formerly of Part 67); and