Historic Preservation Commission Agenda and Packet 2011 12 19

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PAGE TWO SUBJECT: ORDINANCE NO. , SERIES 2011 — AN ORDINANCE AMENDING CHAPTER 15.36 OF THE LOUISVILLE MUNICIPAL CODE REGARDING THE PROCEDURES APPLICABLE TO DEMOLITION REVIEW OF BUILDINGS THAT ARE OVER FIFTY YEARS OLD DATE: DECEMBER 6, 2011 The following sections document the current language in the LMC and the 2009 International Building Code (IBC) related to a demolition permit's review procedure, issuance, and expiration. PERMIT SHALL BE RELEASED: LMC Section 15.36.200.) — `If an individual landmark or district designation has not been completed during the 180 -day period, the city shall issue a permit if all other requirements of the permit process have been met." When a demolition permit is issued, the applicant has 180 -days to begin the project. The 180 - day time period is required in the 2009 IBC which revokes a building permit if no activity has taken place within 180 -days after issuance of the permit. The Building Safety Division cannot "issue" a permit without acceptance and payment for the permit from the applicant; therefore, if the permit has not been paid for by the applicant, then all "other requirements" of the permit have not been met. EXPIRATION LMC Section 15.36.200.L.- Expiration: Any demolition, moving or removal permit that is issued pursuant to an application that is subject to this section 15.36.200 shall expire no later than 180 -days after the permit is issued if the work authorized by such permit has not commenced. Some applicants use the demolition process as part of a due diligence effort to determine whether the property can be redeveloped. As a result, several demolition permits remain dormant with no construction anticipated. Once the applicant is ready to move forward with the project, then they can re- initiate the permit process by paying for and picking -up the permit without additional HPC input. The above process illustrates: the demolition permit was released by HPC and it was never issued to the applicant by the Building Safety Division. As the regulation states, there is a 180 - day expiration once the demolition permit is issued. In this example, the demolition permit has not been issued until the applicant actually pays for the permit. IBC Section 105.3.2 Chapter 1 addresses time limits or expiration of dormant permits as follows: "An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated." The above language states an unissued building permit shall be revoked if not acted upon in 180 days. Therefore, there cannot be a dormant permit.