(a)   If an application is received by the Public Works Department for demolition or moving of any historic landmark or structure within a historic district the applicant shall be referred to the preservation staff for a certificate of appropriateness application. Review of such application for a certificate of appropriateness shall be as provided in article 16C-112.

(b)   For a project which involves demolition of a historic landmark property or properties within a historic district the proponents of such project shall, before doing any of the demolition or work in furtherance of such project, whether or not a building or other permit is required to be obtained to do such demolition work, file an application for a certificate of appropriateness for review as provided in article 16C-112.

(c)   After review of certificate of appropriateness and, upon the recommendation of the Haysville Historic Committee, the Haysville Planning Commission shall call and hold a public hearing.  Notice of such hearing shall be published at least once in the official city newspaper.  Such notice shall be published at least 20 days prior to the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms.  The Planning Commission shall prepare its recommendations by a majority vote, and shall submit a summary of the hearing to the Governing Body.  The Governing Body either may approve, override or return the recommendation to the Planning Commission.  The Planning Commission may resubmit original, new, or an amended recommendation to the Governing Body.  Upon return from the Planning Commission to the Governing Body, the Governing Body by simple majority may adopt, revise, or amend and adopt or take no further action.  If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting, the Governing Body shall consider it as a resubmission of the original recommendations and proceed accordingly. In addition to the recommendation of the Haysville Historic Committee, the Planning Commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, owner hardship, the purpose of preserving the designated historic landmark or structure within a historic district, alternatives presented by interested parties, the character of the neighborhood, the economic consequences to the city and the affected owner(s), and all other factors which it finds appropriate. The owner(s) of the historic landmark or owner(s) of the structure within the historic district shall bear the burden of proof demonstrating hardship. The proposed certificate of appropriateness shall become effective upon publication of the respective adopting ordinance.

(d)   The city council may approve the certificate of appropriateness or deny the certificate of appropriateness if it determines that feasible alternatives to demolition or moving of the historic landmark or structure within the historic district exist and that in the interest of preserving historical values, the historic landmark or structure within the historic district should not be demolished or moved.

(e)   In the event of an "emergency" demolition of a historic landmark or a structure within a historic district, the Public Works Department shall notify the preservation staff as soon as possible.  “Emergency” includes, but is not limited to, the need for demolition upon the determination by the Public Works Department that the structure poses a threat to human safety.