§ 2.64.090. Demolition permit and moving permit review.

A.

Applicability. This section applies to buildings and structures constructed fifty (50) years or more before the date an application for a demolition or moving permit is submitted to the city's chief building official.

B.

Administrative Procedures. The following process shall be followed prior to issuance of a demolition or moving permit in accordance with Chapter 15.44 or Chapter 15.48 of [the] city code:

1.

Planning Department and Board Review. Upon receipt of an application for a permit to move or demolish a building or structure subject to this section, the chief building official shall refer the application to the planning department.

a.

The planning department staff shall determine if the building is listed on the contributing structures list within five business days after receipt of the application.

b.

The determination required by subsection (B)(1)(a), of this section shall be issued by the planning department in writing and shall be served upon the applicant and the board by mail or personal delivery. If the planning department determines that the building or structure is listed on the contributing structures list, planning department staff shall provide a form that the applicant must complete in order to secure board review of the application for a moving or demolition permit. The form supplied by the planning department and completed by the applicant shall contain the following information:

i.

Estimated cost to rehabilitate and maintain the building or structure at its current location;

ii.

The outcome of previous efforts to sell or rent the property, building or structure, if any;

iii.

Proposed measures to mitigate any historic loss from the demolition or moving of the building or structure, if any;

iv.

A description of the historic character or value the building or structure contributes to the city and the historic districts;

v.

The outcome of any previous efforts to convert the building or structure to other permitted uses;

vi.

The current zoning, uses, and characteristics of surrounding properties;

vii.

Proposed future use of the property, buildings or structures, if any, that will remain if the demolition or moving permit is granted, including a description of character, scale, massing, landscaping, and compatibility with adjacent buildings;

viii.

Whether the denial of a demolition or moving permit will create any health or safety hazards or conflict with the general welfare of the city;

ix.

The current market value of the building or structure to be moved or demolished based on one or more recent appraisals, real property tax assessments, or data compiled by real estate sales professionals;

x.

Current use of the building or structure. If the building or structure is vacant or in disuse, the applicant shall disclose the length of time that the building or structure has been vacant or not in use; and

xi.

Any additional information the applicant may wish to provide the board.

c.

The board shall not have the authority to deny an application for a demolition or moving permit for a building or structure that has been formally condemned by the chief building official based on at least two of the criteria specified in Section 108.1.5 of the International Property Maintenance Code adopted pursuant to the city's dangerous building code in Chapter 15.24 of the Cheyenne City Code.

d.

If the building or structure is located within the Historic Governors' Mansion Protective Area, the provisions of Section 15.50.060 shall be followed.

C.

Public Hearing. Upon receipt of the applicant's completed form as required by subsection 2.64.090(B)(1)(b) of this chapter, planning department staff shall:

1.

Within twenty (20) calendar days after receipt of the applicant's completed form, issue a written public hearing notice that shall state the date, time and location of the public hearing to be conducted by the board to consider the application. The public hearing notice shall be served on the applicant and board by mail or personal delivery. The public hearing shall be conducted not more than sixty (60) calendar days from the date of receipt of the applicant's completed form.

2.

Upon receipt of the public hearing notice issued pursuant to subsection (C)(1) of this section, the applicant shall post one or more signs provided by the planning department. The sign or signs shall be posted at least fourteen (14) calendar days prior to the public hearing and shall be posted on each road frontage of the property that is the site of the building(s) or structure(s) proposed for demolition or moving. The applicant shall make reasonable and good faith efforts to maintain the signs at the property for the entire fourteen (14) calendar days public notice period. The failure to make reasonable efforts to maintain all of the posted signs for the entire public notice period shall not constitute the sole basis for a recommendation to deny a demolition or moving permit.

3.

Publish the public hearing notice required by subsection (C)(1) of this section in a local newspaper of general circulation and on the city's website at least fifteen (15) calendar days prior to the public hearing. The notice shall state the general location of the site of the building(s) or structure(s) proposed for demolition or moving, the purpose of the public hearing and its date, time, and location, and the manner in which the public may obtain further information regarding the permit application that will be the subject of the public hearing.

4.

Mail a copy of the public hearing notice required by subsection (C)(1) of this section to the current record owners of all parcels of land located within three hundred (300) feet of any of the boundaries of the site of the building(s) or structure(s) proposed for demolition or moving. The names and addresses of the current record owners of such parcels shall be determined using the interactive mapping feature of the website of the Laramie County Assessor's office. The planning department shall have no obligation to conduct any other research or inquiry regarding the current record ownership of parcels located in whole or in part within the three hundred (300) foot buffer.

5.

Issue a staff report that shall be served on the board and the applicant by mail or personal delivery at least fifteen (15) calendar days prior to the public hearing.

D.

Board Quorum Required. If the board lacks a quorum upon the date and time that the public hearing is scheduled to take place, the board shall have no further jurisdiction and the chief building official will process the pending demolition or moving permit application in accordance with Chapter 15.44 or Chapter 15.48 of [the] city code.

E.

Public Comment. At the public hearing, the board shall take comment from the applicant or the applicant's designee, city staff, and members of the public. Sworn testimony shall not be required and only board members shall have the authority to question persons offering comment. Minutes of the public hearing proceedings shall be made pursuant to Section 2.64.050(D) of this chapter.

F.

Review Criteria. In its review of an application for a demolition or moving permit, the board shall consider the information provided by the applicant as set forth in subsections 2.64.090(B)(1)(b)(i)—(xi), public input and information received during the public hearing.

G.

Decision. Following closure of the public hearing, the board shall take one of the following actions on the permit application:

1.

Approve the demolition or moving permit application with or without conditions;

2.

Deny the demolition or moving permit application with a statement of the specific reason(s) for denial, which shall be recorded in the board's minutes; or

3.

Postpone its consideration of the approval or denial of a permit for good cause for a period no greater than sixty (60) calendar days after the initial public hearing, provided however that the board shall have no power to postpone the consideration of its decision in the absence of the written consent of the applicant.

4.

Only those members of the board who were present at the public hearing shall participate in the board's deliberations and decision. The board's decision shall be provided in writing to the applicant and the chief building official no later than fifteen (15) days.

H.

Effect of Decision. If the board denies a demolition or moving permit application, and the applicant does not perfect an appeal as provided in subsection I of this section, the applicant may not file an application for a demolition or moving permit for the same building(s) or structure(s) for a period of one hundred eighty (180) calendar days from the date of the issuance of the board's written decision. If the board denies an application for a demolition permit, the applicant may submit an application for a moving permit in addition to perfecting an appeal of the board's recommendation. An application for a moving permit shall be processed as an original application under this chapter.

I.

Appeal to the Board of Adjustment. Within fifteen (15) days following receipt of written notice of the board's denial or conditional approval of a moving or demolition permit application, the applicant may appeal the board's decision by submitting a written notice of appeal to the city's board of adjustment in accordance with the board of adjustment's rules and regulations. The notice of appeal must be filed in the office of the city clerk and copies of the notice must be served on the board. The board of adjustment shall conduct a contested case hearing pursuant to the Wyoming Administrative Procedure Act, Wyo. Stat. § 16-3-101 et seq., the board of adjustment's rules and regulations, and applicable laws. The decision of the board of adjustment constitutes final agency action on the permit application and may be appealed as provided by law.

(Ord. No. 4111, § 1, 12-28-15)

Editor's note

Ord. No. 4111, § 1, approved December 28, 2015, repealed the former § 2.64.090, and enacted a new § 2.64.090 as set out herein. The former § 2.64.090 pertained to demolition permit review and derived from the 2001 In-house code § 2-63.