(A) If a Certificate of Appropriateness has been denied to a property owner within the Historic Zoning District, then the property owner has the right to present evidence to the Historic District Commission that such denial creates an economic hardship for the owner. To prove the existence of a condition of economic hardship, the applicant must establish, and the Commission must find, both of the following:
(1) The building or site is incapable of earning a reasonable economic return. This finding shall be made by considering, and the applicant shall submit to the Commission, evidence establishing, each of the following factors:
(a) The applicant’s knowledge of the structure or property’s designation within the Historic District at the time of acquisition, or whether the property was designated subsequent to acquisition.
(b) That by reason of exceptional deterioration of the structure or by reason of the particular economics of the proposed project, the strict application of the district specific design guidelines would result in peculiar and practical difficulties or undue economic hardship upon the owner to develop the property in accordance with the district specific design guidelines.
(c) That the relief of the peculiar hardships would not establish substantial detriment to the public good or substantially impair the intent and purpose of the Historic Zoning Ordinance.
(d) That the peculiar hardship would apply to the particular land or building regardless of the owner.
(e) That the peculiar hardship is not created as the result of an act on the part of the applicant or previous grantor within the preceding two years.
(f) The current level of economic return on the property as considered in relation to the following:
1. Estimate of the cost of the proposed construction, alteration, demolition, removal or significant landscaping and an estimate of any additional cost that would be incurred to comply with the recommendation of the Historic District Commission for modificaton necessary for the issuance of a Certificate of Appropriateness.
2. Estimated market value from a licensed real estate appraiser or the County Tax Assessor of the property:
a. In its current condition;
b. After completion of the construction, alteration, demolition or removal;
c. After any construction or alteration recommended by the Historic District Commission; and
3. In the case of a proposed demolition, an estimate from an architect, engineer, licensed general contractor, real estate consultant, appraiser or other professional experienced in the rehabilitation of historic structures as to the structural soundness and integrity of the structure and the economic feasibility of rehabilitation or rescue of the existing structure on the property.
4. If the property is income-producing, the annual gross income from the property for the previous two years including an itemization of operating and maintenance expenses for the previous two years and depreciation deduction and annual cash flow before and after debt services, if any, during the same period.
5. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.
6. Any listing of the property for sale or rent, price asked and offers received, if any within the previous two years.
7. Real estate taxes for the previous two years.
8. Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.
(2) That the applicant has the present intent and the secured financial ability, demonstrated by documentary evidence and by those plans and materials which would otherwise be required in order to secure a Building permit from the Building Official, to replace the historic building or structure with a building of comparable size and architectural character to that proposed for demolition or relocation.
(B) Hearing and determination.
(1) The Historic District Commission shall review the application for Certificate of Economic Hardship and schedule a public hearing in the same manner it would for a Certificate of Appropriateness. The Commission may receive testimony concerning economic hardship of the property at the hearing. Furthermore, the Historic District Commission may solicit expert testimony or require that the applicant or the applicant’s agent make additional submissions concerning the reasonable use or economic return of the property.
(2) Following review by the Historic District Commission and prior to the close of the public hearing, the Historic District Commission shall issue or deny the Certificate of Economic Hardship. Written notice of the approval or denial of the application for a Certificate of Economic Hardship shall be provided to the applicant and to the Building Official if a building permit is needed. The Historic District Commission shall state in written notice, all specific guidelines, requirements and conditions to which the certificate is subject or reasons for the denial of the application. The applicant may resubmit an amended application or reapply for a Certificate of Economic Hardship that takes into consideration the recommendations of the Historic District Commission.
(`00 Code, § 11-1305) (Ord. 2003-03, passed 2-10-03)