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Home My WebLink AboutO-1856ORDINANCE NO. 1856 FAIRHOPE DEMOLITION REVIEW PROCEDURE FOR HIS TO RI CALLY SIGNIFICANT BUILDINGS WHEREAS, the unique history of the City of Fairhope has led to the creation of many buildings that are historically significant to the City of Fairhope, the State of Alabama, and nationally; and WHEREAS, as provided in this Ordinance, the City and the Historic Preservation Commission seek to assist and educate the owners of historically significant buildings regarding potential opportunities available to save or rehabilitate structures that are historically significant; and WHEREAS, the adoption of the regulations, procedures, and requirements in this Ordinance will further the goal of education of property owners about possible financial incentives available from local, State, Federal, and private funding resources and tax credit opportunities that may assist the property owner in attempting to save or rehabilitate a historically significant building prior to the issuance of a demolition permit. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNI NG BODY OF THE CITY OFF AIRHOPE, ALABAMA, AS FO LLOWS: I.Title This Ordinance shall be known as the Demolition Review Procedure For Historically Significant Buildings Ordinance. II.Purpose This Demolition Review Procedure provides an opportunity for the City to identify historically significant buildings proposed for demolition for the purpose of educating the property owner about possible alternatives. While preservation of historical structures is a goal, preservation is not required by this Ordinance. The Demolition Review Procedure will allow the City sufficient opportunity to document the historical structure and provide the Historic Preservation Commission with the opportunity to explore with property owners of historically significant buildings alternative solutions to demolition, such as renovation or relocation, with available financial incentives. III.Definitions Applicant: means any person or entity that owns property within the corporate limits of the City of Fairhope that applies for a demolition permit or other type of building permit for a Historically Significant Building. Application: means the process by which an Applicant submits a request for a demolition permit or other type of building permit for a Historically Significant Building. Building: means, as defined by the International Building Code, "any structure used or intended for supporting or sheltering any use or occupancy." Building Department: means the permitting authority for the City of Fairhope. City Building Official: means the Building Official of the City, or his or her designee. City: means the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama. Commission: means the City of Fairhope Historic Preservation Commission, created pursuant to Ordinance No. 1797. Ordinance No. 1856 Page -2- Demolition: means the act of pulling down, destroying, disassembling, removing, or razing a Building or part of a Building or commencing any such action. Historically Significant Buildings: Historically Significant Buildings are those Buildings identified by (1) any of the City of Fairhope's current and future historic surveys, (2) the Baldwin County Commission's Banner and Shield program, (3) the Alabama Historic Commission's Preservation Map, (4) the National Park Service (NPS) listings, or (5) the Fairhope Single Tax Corporation online archive. The Building Department shall post links to these sources on the City website. IV.Application Requirements The Demolition of any Building in the City requires an Application submitted to the Building Department. The Application must include the following information: (a)Photographs of the property and neighboring properties (all photographs must be keyed to a map); (b)A map showing the property (maps are available on the Revenue Commissioner's website); ( c)An official or unofficial plot plan; and (d)Historical status of the property, including whether or not the Building is a Historically Significant Building. V. Procedures Within five (5) business days of receiving a completed Application, the Building Department shall: (a)Determine whether the building is a Historically Significant Building. If so, the Application will be forwarded immediately to the Commission, and the property owner will be notified of the requirement to meet with Commissioners. (b)If the Application was received ten (10) or more business days prior to the next Commission meeting, then the Application will be considered at that meeting. If the Application is made less than ten (10) business days prior to the next Commission meeting, then the Applicant will be scheduled to meet at the next scheduled Commission meeting. The meeting will include a review of the request, a discussion of the history of the City, community, neighborhood, and Historically Significant Building, and a discussion of preservation incentives and demolition alternatives. At least one of the Applicant property owners must attend the Commission meeting; or, if the property owner is unable to attend during scheduled Commission meeting times within forty-five ( 45) days (two meetings of the Commission), then a virtual ( online) meeting shall be scheduled with the owner and two Commissioners. If the property owner fails to attend the meeting, the Application is denied. (c)After the meeting with the property owner, the Commission will notify the Building Department within five (5) business days that the Applicant has completed the Ordinance requirements. Upon notification by the Commission, the Building Department shall be authorized to issue the permit after fifteen (15) calendar days, provided all other requirements are met. VI.Demolition (a)Prior to Demolition, a representative of the Commission shall photographically document the exterior of the Building. The Commission shall also encourage the Applicant to salvage and repurpose significant architectural features or materials and/or make them available to the community. .5 -0 Q) cc�w :0 a: :J :::> o..,g �� 0 I. cc o- �� "E � Ordinance No. 1856 Page -3- (b)After Demolition, the Commission will update Fairhope's local historic surveys as necessary. ( c)Nothing in this Ordinance shall be construed to prevent or limit immediate Demolition as authorized and in the discretion of the Building Official when the Building constitutes a public nuisance and/or a public safety hazard that is a danger to the health, safety, and general welfare of the community. VII.Enforcement It shall be unlawful to violate any provision(s) of this Ordinance. The City of Fairhope may issue Stop Work Orders, Municipal Offense Tickets and Notice of Violations, as well as suspend construction and building inspections for Violations of the terms of the permit or for violation of this Ordinance. VIII.Permit Fees The Permit Fee for demolition of a Historically Significant Building shall be assessed in accordance with Ordinance 1804 (Schedule of Fees for Construction and Building Permits). IX.Severability The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. X.Effective Date. Attest: This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 19TH DAY OF FEBRUARY, 2026 ��u� �S:MMC ity Cler ADOPTED THIS 19TH DAY OF FEBRUARY, 2026