How to demolish a house in New Smyrna Beach, FL

If the house is historic in New Smyrna Beach

Who reviews it: Historic New Smyrna Beach Preservation Commission (HPC); a pending Chapter 50 update would rename it the Historic Preservation Board.

When it applies

• Demolition of a contributing building in either of the city's two National Register of Historic Places historic districts (Historic Building Demolition Ordinance, Sec. 50-12(e)). The city's districts include the New Smyrna Beach Historic District and the Coronado Historic District.
• Demolition of a designated landmark, landmark site, or property in a designated local historic district requires a certificate of appropriateness (Sec. 50-8(a)).

How the review works

• Newspaper notice by commission staff at least 30 days before the hearing; the owner must send certified mail, return receipt requested, to all property owners within 150 feet at least 15 days before the hearing (Sec. 50-12(f)).
• Commission determines whether the building is historically significant under ten criteria (Sec. 50-12(g)).
• No demolition approval until the applicant shows no other feasible alternative to demolition (Sec. 50-12(g)).
• If significant, approval only on undue economic hardship, unsound building condition, or lack of alternative (Sec. 50-12(h)).
• For certificates of appropriateness the commission holds a hearing within 30 days of a complete application and acts within 60 days after the hearing; a certificate is not effective for 15 days after the decision (Sec. 50-8).
• Appeal to the City Commission within 15 days (Sec. 50-12(m)).

What the board can ask for

• Economic hardship report: price paid, date and seller; two most recent assessments; two years of taxes and debt service; appraisals within two years; listings, asking price and offers; consideration of adaptive uses including possible fair market rents (Sec. 50-12(h)(1)).
• Building condition claim: written report signed by a licensed engineer or architect experienced in historic restoration stating the building is structurally unsound and unsuitable for restoration; commission and staff may inspect inside and out (Sec. 50-12(h)(2)).
• Lack of alternative claim: written documentation of attempts to sell at a reasonable comparable price or to offer the building free to anyone willing to move and preserve it, with appraisals or comparables (Sec. 50-12(h)).
• Certificate of appropriateness application: drawings of proposed work, photographs of the building and adjacent properties, building material information (Sec. 50-8(b)).
• Conditions of approval may include a written and pictorial record of the building's history and architectural features for archival purposes (Sec. 50-12(i)(1)).

Demolition delay: If the building is historically significant and no allowing circumstance is met, the commission sets a demolition delay of up to 120 days from the date of application to investigate alternatives with the owner (Sec. 50-12(j)).

Relocation, salvage and donation: Applicant claiming no alternative must document offering the building without charge to purchasers willing to move and preserve it. Approval conditions may require allowing salvage of the historic building, archaeological study before or during demolition, and replacement design meeting the city's Historic Preservation Design Guidelines (Sec. 50-12(h) and (i)).

Historic district map and list

Sources: [3], [2], [4], [5]