Colfax Municipal Code Ch. 15.20 Demolition Review and Permit Process

This chapter establishes procedures and requirements for discretionary review of certain demolition requests. This chapter is adopted for the purpose of implementation of historic preservation and maintenance of the architectural character and integrity of the city, in accordance with policies of the Colfax general plan.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.01)

"Demolition" as used in this chapter means the removal of more than sixty (60) percent of a structure, whether in a single action or through a series of separate actions. Within the historical district, "demolition" means the removal of more than thirty (30) percent of a structure whether in a single action or through a series of separate actions.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.02)

Demolition review shall be required for the demolition of any structure greater than two hundred (200) square feet in gross area within the city. No building permit shall be issued for any demolition subject to demolition review until completion of the demolition review process as set forth in this chapter.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.03)

The demolition review process is initiated when the building official or planning director receives a request for a demolition permit.

A. Application Information. The materials for submittal shall include a completed application, all plans, elevations, specifications, sample materials, photos, etc. and any additional information required by the building official and planning director in order to conduct a thorough review of the proposed demolition.

B. Concurrent Processing with Other Permits. Demolition review in conjunction with projects that require the approval of other discretionary permit (e.g. site plan review, conditional use permit, variance, etc.) shall occur concurrently.

C. Fees. A fee shall be chargeable to cover the reasonable cost of processing the demolition review. The fee for demolition review shall be the same as the fee charged for a conditional use permit application and shall include costs related to environmental review, if required.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.04)

A. Factors to be Considered. In determining whether to approve the demolition permit, the commission shall consider the following factors: the age, location and setting, historical, architectural or aesthetic significance of the structure and the overall effect of the proposed demolition upon surrounding properties; design guidelines; building dilapidation or damage.

B. Conditions of Approval. The commission may deny the permit or impose conditions on the issuance of any such permit reasonably required to protect the public health, safety and welfare and to preserve the character of the neighborhood, including without limitation: (1) preservation of the facade or other architecturally or historically significant elements of the structure; or (2) replacement of the structure with a new structure in keeping with the historic look and style of the previous structure and/or the neighborhood.

C. Findings. To grant a demolition permit the planning commission must make a finding based on substantial evidence that: (1) the structure has no historical, architectural or aesthetic significance; or (2) while the structure has historical, architectural or aesthetic significance, the building has become so dilapidated or damaged that preservation is not practically feasible and that conditions have been imposed on the demolition to mitigate adverse impacts.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.05)

Notwithstanding the above provisions, if in the opinion of the building official, a structure is in imminent danger of collapse or otherwise poses an imminent danger and immediate action must be taken to safeguard the public health, safety and welfare, the building official may issue a special emergency permit for interim demolition. The city manager shall be notified immediately and city council shall be notified at the next council meeting. As a condition of issuance of a special emergency permit for interim demolition, the applicant shall be required to complete demolition review through the planning commission. The planning commission may impose conditions for replacement of the demolished structure as authorized by Section 15.20.050(B) of this chapter.

(Ord. 477 (Exh. A) (part), 2003: prior code § 18.83.06)