§ 152.09  HARDSHIP CRITERIA.
   (A)   An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that:
      (1)   The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
      (2)   The property cannot be adapted for any other use, whether by the current owner or by a purchase, which could result in a reasonable return; and
      (3)   Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
   (B)   An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(Ord. 01-96, passed 3-14-1996)