Explanation
BACKGROUND:
Currently, the Department of Development is charged with issuing demolition permits based upon various time frames and scenarios depending on location. While there is a waiting period of 45 days in areas represented by area commission or architectural review commissions, no such waiting period exists for proposed demolitions outside of these areas. This waiting period has also proved problematic for area commission to be able to meet at regularly scheduled meetings within the time frame specified. Additionally there is no current requirement that such pending application be posted or published electronically for public notification.
These code changes would extend the time period from 45 to 75 calendar days in order to better accommodate public meeting schedules, would require electronic posting of such pending applications, and would extend the coverage area for the waiting period to throughout the city. However, these code changes would not alter current process and procedure for structural emergencies as defined in the Columbus Building Code. The Columbus Building Commission reviewed these code change at a public meeting on July 19, 2005 and at there public meeting on August 16, 2005, voted to approve these code changes and recommend adoption by Columbus City Council.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To amend section 4113.79 of the Columbus Building Code, Title 41, in order to provide for a seventy-five (75) day review period and electronic posting of applications prior to the issuance of demolition permits.
Body
WHEREAS, to better inform the public about demolition permits that have been applied for in their neighborhood these code changes would require the Department of Development to electronically post on its web site pending demolition permits for all locations throughout the city; and
WHEREAS, this posting would extend public outreach regarding demolition permits to all neighborhoods and areas of the city; and
WHEREAS, it is also desirable to extend the waiting period for all demolition permits from the present 45 calendar days for an additional 30 calendar days in order to accommodate public comment and meetings as well as any additional research that may be needed; and
WHEREAS, this time extension would allow additional time for area commissions to be able to review pending demolition permits at their regularly scheduled meetings prior to the expiration of the time period for review; and
WHEREAS, a public hearing on this proposed ordinance was held before the Columbus Building Commission on July 19, 2005, where the commission review the code language; and
WHEREAS, a second public hearing on this proposed ordinance was held before the Columbus Building Commission on August 16, 2005, where at the Columbus Building Commission voted to recommend this Ordinance be forwarded Columbus City Council for adoption; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Section 4113.79 of the Columbus city Codes, 1959, is hereby amended to read as follows:
4113.79 Demolition permit.
(A) A demolition permit shall be issued only to a demolition contractor duly registered with the department pursuant to a proper application accompanied by a notarized statement of the owner of the subject property that said department-registered demolition contractor is agent for such demolition. The work covered by such permit shall commence within fourteen (14) calendar days after the issuance of the permit in a residential area and three (3) calendar months, in a nonresidential area. The demolition permit in a residential area shall be valid for a period of three (3) calendar months renewable for no more than two (2) additional three (3) calendar month periods; a demolition permit in a nonresidential area shall be valid for a period of six (6) calendar months renewable for no more than a six (6) calendar month period. Renewals may be granted by the director, or designee, upon written request and for good cause shown including, but not limited to, a strike, an act of God or other unavoidable circumstance.
Exception: Exception: For the purposes of the environmental blight abatement program a demolition permit shall be issued to the director, or designee, for removal of an uninhabitable, blighting, single-story, accessory structure such as a garage or shed or similar building pursuant to a proper application.
Exception: Exception: A demolition permit shall be issued to an occupying homeowner pursuant to a proper application, provided that all work thereunder shall be: (1) done with the homeowner's hands; (2) in conformity with this code; and (3) limited to an uninhabitable, single-story, accessory structure such as a garage or shed only for a single-family residence occupied by no one except the occupying homeowner and family.
(B) A certificate of appropriateness is required prior to the issuance of a demolition permit for any listed property served by the historic resources commission, or any property located in an area served by an architectural review commission as set out in Chapters 3116 through 3119, and 3319 through 3331, C.C.
(C) In a residential area, a demolition permit shall not be issued unless a written release is obtained from each utility having one (1) or more service connections within the building, including but not limited to gas, electric, water and sewer, stating that such respective service connection and appurtenant equipment: (1) has been removed or sealed and plugged in a safe manner; or (2) will be removed or sealed and plugged in a safe manner at the appropriate time in the event certain utilities are required for demolition procedures.
In a nonresidential area, such written release shall be required from each utility not required by the department-registered demolition contractor; a certificate shall be required from any other utility stating that it will follow through and shut off service at the appropriate time.
(D) If any discrepancies are found in the application the director, or designee, may order an inspection prior to the issuance of a permit.
(E) The historic resources commission or an architectural review commission, as set out in Chapters 3116 through 3119 and 3319 through 3331, C.C., shall have forty-five (45) seventy-five (75) calendar days after the application required by C.C. 3116.06 is received by the commission in which to provide the owner with written denial or a certificate of appropriateness for a demolition permit for property within its jurisdiction. Additional time for appeal may be required. Such permit shall be issued only upon the receipt of a certificate of appropriateness.
An area commission as set out in Chapter 3111, C.C., shall have forty-five (45) seventy-five (75) calendar days in which to make a recommendation regarding an application for a demolition permit for property within its jurisdiction. Such permit will not be issued prior to the appropriate body's response or expiration of said review period whichever occurs first.
(F) In a residential area, the demolition permit or a copy thereof shall be posted on the site in plain view no less than forty-eight (48) hours prior to commencement of demolition.
(G) Advance notification shall be made by the department-registered demolition contractor as agent for, and on behalf of, the owner of the building to be demolished no less than forty-eight (48) hours prior to scheduled commencement of the demolition to the following:
(1) Each adjoining property owner; and
(2) The Director department.
(H) Demolition work in residential areas shall proceed only on weekdays, Monday through Friday, and only between the hours of 7:30 a.m. to 6:00 p.m. The director, or designee, is authorized to extend such days and/or hours only upon demonstration of unreasonable hardship or impracticability. In a nonresidential area, the hours of work will be approved by the director, or designee, and will be governed by location other than residential, traffic and surrounding environment. For the purpose of this section, apartment hotels, hotels and motels shall be included in the term "residential area."
(I) The director, or designee, may order an inspection at any time during the demolition to assure that all required procedures are being followed and that the site is not being used for salvage operations without a proper salvage yard permit, in violation of Chapter 3392 C.C.
(J) Not withstanding any requirement already stated herein, all applications for a demolition permit shall be electronically posted by the Department upon receipt for a period of no less than seventy-five (75) calendar days prior the issuance of the demolition permit by the Department, except in emergencies as defined by the Columbus Building Code.
Exception: A demolition permit can be issued immediately upon issuance of a certificate of appropriateness by the historic resources commission or an architectural review commission.
Exception: A demolition permit can be issued immediately upon receiving the appropriate area commission's response or expiration of said review period, whichever occurs first.
(K) The entire demolition authorized under the provisions of this section shall comply in all aspects of the demolition standards as set out in C.C. 4123.23.
(L) The department-registered demolition contractor holder of the demolition permit shall call obtain from the Department for a final inspection and approval upon completion of the demolition.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period provided by law.