24.55.200 Demolition Delay - Housing Preservation.
(Amended by Ordinance Nos. 171455 and 176955, effective October 9, 2002.)
A. Purpose. The demolition delay provisions are intended to allow an
adequate amount of time to help save viable housing in the City while
recognizing a property owner’s right to develop or redevelop property. The
regulations provide an opportunity for public notice of impending demolitions
and coordination of the efforts of various City bureaus. The regulations also
encourage moving as an alternative to demolition. The provisions accomplished
this through a two part process:
1. a 35 day notice period during which demolition is delayed, and
2. a possible 120 day extension of the demolition delay
period.
B. Where the delay applies. The demolition delay regulations of this
Section (24.55.200) apply to sites with residential structures in areas with a
residential Comprehensive Plan Map designation. The regulations only apply to
applications for demolition of residential structures. They do not apply to
demolitions of accessory structures such as garages or other outbuildings.
C. Application for building permit for demolition.
1. Signed statement. The application for a building permit for
demolition must include a statement signed by the owner(s) of the property.
The statement must acknowledge that the owner(s) are aware of the primary uses
permitted under the current zoning on the site without a conditional use, zone
change, Comprehensive Plan Map amendment, or other land use approval and that
such an approval will be required before other uses will be permitted on the
site. The statement may be on forms that the Director may make available.
2. Delay in issuing. The building permit for demolition will not be
issued except as provided for in this Section (24.55.200).
D. Notice of application.
1. Posted notice. Within five days of receipt of the application for
demolition, the Director will post a notice of the requested demolition at the
site. The notice must be posted at the site for no less than 30 day. The
notice must be at least 1-1/2 by 2 feet in size and must be visible to
passers-by. The notice must contain at least the following information.
a. Notice that the site has been proposed for demolition,
b. The date the application for demolition was received,
c. Notice that there is a demolition delay period of 35 days which
may be extended upon request from the Recognized Organization(s) whose
boundaries include the site,
d. The last day that requests for extended delay may be submitted,
and
e. The location where more information is
available.
2.
Notice to the recognized organization(s). Within 7 days of the
receipt of the application for demolition, the Director will send a written
notice of the demolition request to the recognized organization(s), recognized
by the Office of Neighborhood Associations, whose boundaries include the
site.
3. Notice to Portland Development Commission. Within 7 days of the
receipt of the application for demolition, the Director will send a written
notice of the demolition request to the Portland Development Commission.
Within 14 days of the receipt of the application for demolition, the Portland
Development Commission will forward to the owner of the property such
materials explaining City housing programs that the Commission deems
appropriate.
E. 35-day notice period. The building permit for demolition will not
be issued during the 35-day notice period. The notice period begins on the day
the application is received. If no written request to extend the demolition
delay is received during the 35 day notice period as provided in subsection
24.55.200 F. below, then the Bureau of Development Services will issue the
building permit for demolition.
F. Requests for extension of demolition delay period. Requests to
extend the demolition delay period may be made as follows:
1. Who may request. Requests to extend the demolition delay period
an additional 120 days may be made by a recognized organization whose
boundaries include the site.
2. How to request. The request to extend the demolition delay period
must be made in writing, on forms provided by the Director. They must be
submitted to the Bureau of Development Services by 4:30 PM on the last day of
the 35-day notice period.
G. 120-day extension of demolition delay period. If a request for
extension of the demolition delay is received, the building permit for
demolition will not be issued during the 120-day extension period except as
provided in Subsection 24.55.200 H. below. During the 120-day extension period,
private citizens or the City may pursue alternatives to demolition such as
rehabilitating the structure or moving the structure in accordance with
agreements reached with the applicant. These efforts may use private resources
or public programs that may be available. Mitigation efforts such as a salvage
agreement may also be pursued during this period.
H. Appeal of the 120 day extension. The applicant for demolition may
appeal the 120-day extension to the Code Enforcement Hearings Officer as
provided in Chapter 22.10, Appeals to the Code Hearings Officer. The appeal may
be filed anytime within the 120-day extension period. The approval criteria for
termination of the extension period are as follows: The demolition delay
extension will be terminated if the Hearings Officer finds that the recognized
organization that requested the extension has not made a good faith effort to
work with the applicant for demolition to do any of the following:
1. Move the structure;
2. Find a purchaser for the site; or
3. Agree on an alternative proposal that would not involve the
demolition of the structure.
I. Moving as an alternative. If the applicant decides to move the
structure instead of demolishing it, then the demolition notice period and/or
extended delay period becomes moot. The demolition delay period is automatically
terminated when a building permit to move the structure from the site and a
building permit to relocate the structure to another site are issued.
J. End of the extension period. If the 120 day extension has not been
terminated as provided in Subsection 24.55.200 H above, the building permit for
demolition may be issued any time after 120 days have elapsed since the end of
the 35 day notice period.
K. Exceptions to demolition delay.
1. The provisions of this Section (24.55.200) do not apply to
applications for demolition of single family residences if the application is
accompanied by an application for a building permit for a replacement single
family residence.
2. The provisions of this Section (24.55.200) do not apply to
applications for building permits for demolition that are required by the City
to remove structures because of a public hazard, nuisance, or liability. The
structure must be subject to a demolition order from the City, or be the
subject of enforcement proceedings for demolition and be stipulated by the
owner as a dangerous building, in order to be exempt from the demolition delay
provisions.
3. The provisions of this Section (24.55.200) do not apply to
applications for building permits for demolition, for structures that are
designated historical landmarks, on the Portland Historic Resources Inventory,
or in historic districts. In these situations, the provisions of Chapter
33.222 in Title 33, Planning and Zoning apply.
