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 60 calendar days in order to better accommodate public meeting schedules and would require a minimum of five (5) calendar days advanced notification of all property owners within 125 feet of the demolition. However, these code changes would not alter current process and procedure for structural emergencies as defined in the Columbus Building Code. A public hearing was held in City Council Chambers on March 18, 2008. After review of the current code and testimony of those present the following is recommended.
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 sixty (60) 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 15 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 and architectural review 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 was held in City Council Chambers on March 18, 2008, where the current city code was reviewed and testimony given; and
WHEREAS, to better inform the public that don't live in area commissions or architectural review commissions, these code changes would require that the registered demolition contractor provide written notice to property owners within 125 feet of the subject demolitions, no less that five (5) calendar days before the commencement of the demolition; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing 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: 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: 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 Title 31 Chapters 3116, 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. 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.
(E) The historic resources commission or an architectural review commission, as set out in Title 31, C.C., shall have forty-five (45) sixty (60) 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., or its designee as per the appropriate bylaws shall have forty-five (45) up to sixty (60) 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 The demolition permit or a copy thereof shall be posted on the site in plain view no No less than five (5) calendar days prior to commencement of demolition, the site shall be posted in a manner prescribed by the director, but in no case shall this notice be less than eleven (11) inches by seventeen (17) inches in size and consisting of a brightly colored background with the time, place and manner of the demolition listed.
(G) Advance written notification, as attested to on the permit application form, 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 five (5) calendar days prior to scheduled commencement of the demolition to the following:
(1) Each adjoining property owner all the owners of properties within one hundred twenty-five (125) feet of the exterior boundaries of the subject parcel or parcels; 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) For all structures other than a one-, two-, or three-family dwellings or associated accessory structure, a demolition permit may be issued only after affidavits have been submitted by the applicant and placed on file with the Director attesting to that 25 percent, either by weight or by volume, of the resultant demolition debris shall be recycled. Waste that would be considered a hazardous material shall be excluded in from such percentage. Final inspections shall only be approved after the Department receives and approves a final analysis showing compliance with this section. Appeals to this requirement shall be heard by the Building Commission.
A licensed disposal or transfer facility shall be used for all non-recycled waste and a final analysis shall be provided prior to the final approval of the demolition permit indicated the percentage of recycling achieved and method and materials used. This provision shall not apply to emergency demolitions as required under this building code.
(J) 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. 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 prior existing section 4113.79 of the Columbus City Codes, 1959, is hereby repealed.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period provided by law.