22.12.060 Demolition of commercial structures.
A. Demolition permits shall be required for the demolition of commercial structures. These permits may be granted by the Board of Adjustments of the City of Berkeley only after a public hearing. Decisions by the Board of Adjustments may be appealed to the City Council.
B. A demolition permit shall not be granted unless the Board of Adjustments, or the City Council upon appeal, makes all of the following findings:
1. That the demolition would not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City of Berkeley.
2. That upon receipt of an application to change the facade of, or to demolish a building more than forty years old, the building official has forwarded said application to the Landmarks Preservation Commission for review, except where the application involves an unsafe building, and that said commission has not recommended against granting the permit.
3. That the demolition will remove an unusable or unrepairable structure, or that the demolition is necessary to permit construction approved pursuant to Sections 22.12.070 and 22.12.080 herein and applicable regulations in the zoning ordinance.
4. That neighborhood organizations and concerned residents in the affected area have been effectively notified pursuant to Section 22.12.090 herein. (Ord. 5506-NS § 6, 1982)