(a) An applicant who has been denied a Certificate of Appropriateness may, within thirty (30) days of the denial, apply for a Certificate of Economic Hardship. Application shall be made on a form prepared by the Landmark Commission. The Landmark Commission may hold a public hearing on the hardship application. All of the following criteria shall be considered to determine the existence of an economic hardship, provided that the applicant shall have the burden of persuasion by clear and convincing evidence:
(1) Denial of a certificate will result in a substantial reduction in the economic value of the property;
(2) Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form;
(3) No reasonable alternative exists consistent with the architectural standards and guidelines for the property;
(4) The owner has been unable to sell the property;
(5) Previous alterations have interfered with the architectural character of the property and the character defining features to illustrate the style or type are lost, and to return the property to its original character is not reasonable; or
(6) Denial will result in a substantial burden as set forth in the applicant's sworn statement or affidavit in support.
(b) Certificate Process. The Landmark Commission may solicit expert testimony or request that the applicant for a Certificate of Economic Hardship submit evidence concerning property value, cost estimates, income, expenses, and/or any other information that the Landmark Commission deems necessary to determine whether denial of the application constitutes an economic hardship. The level of documentation required may vary as is appropriate to each case.
(c) Landmark Commission Action on an Application. The Landmark Commission shall act upon the application for Certificate of Economic Hardship within ninety (90) days after receipt of such an application. If no action has been taken by the Landmark Commission within ninety (90) days, the application shall be deemed granted, unless the time is extended by mutual agreement. Upon the denial of an application, the applicant shall be notified by mail.
(d) Investigation of Measures to Relieve Hardship. Upon a finding by the Landmark Commission that a denial of the application for building or environmental change results in a hardship, then the application for a Certificate of Appropriateness shall be delayed for a period not to exceed sixty (60) days. During this period the Landmark Commission shall investigate measures to relive the hardship or otherwise preserve the property. Such plans and recommendations may include, but are not limited to: financial assistance, Building Code modifications, and/or changes to zoning regulations, to the extent such actions may be lawful.
(e) Issuance of Certificate. If by the end of this ninety (90) day period, the Landmark Commission has found that without approval of the building or environmental change the hardship cannot be relieved, then the Landmark Commission shall issue a Certificate of Economic Hardship permitting the proposed building or environmental change.
Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules and regulations of the City.
(Ord. 11-2019. Passed 3-4-19.)