A. A Certificate of Exemption application may be filed by an owner where, in the owner's opinion, there has been or will be a deprivation of all reasonable use or economic return on the property because of any one of the following:
1. Designation of a structure as landmark or significant;
2. Imposition of the maximum waiting period set forth in § 15.05.035 C.2. relating to the waiting period for a certificate of appropriateness; or
3. Disapproval of a certificate of appropriateness.
B. A Certificate of Exemption application shall be signed by the owner and filed with the Planning Manager. The Planning Manager shall submit the application to the Planning Commission at its next regularly scheduled meeting, which is not more than sixty (60) working days after receipt of the completed application. The owner shall have the burden of proof to present evidence supporting the exemption request. The Planning Commission shall review all the evidence presented and, within thirty (30) working days after the date of its hearing, make its determination on the application.
C. A Certificate of Exemption shall not be approved unless the Planning Commission finds that the designation, maximum waiting period, or Certificate of Appropriateness disapproval has deprived or will deprive the owner of a reasonable economic return on the property or of any reasonable use of the property. In the case of a proposed demolition of a designated structure, the Planning Commission shall also make one or more of the following findings:
1. Conversion of the use of the structure to a different allowable use is not feasible.
2. Rehabilitation of the structure or some other alternative method of preserving the structure, including relocation within the City, is not feasible.
3. All means involving City-sponsored incentives, such as transfer of development rights, tax abatements, and financial assistance, have been explored and found infeasible.
4. Disapproval of the Certificate of Exemption would damage the owner unreasonably in comparison to the benefit conferred on the community.
D. Where a Certificate of Exemption is approved, the owner of a landmark structure shall file with the Community Development Director a photographic or videotape documentary of the structure prior to making any exterior changes to, or demolition of, the structure. A complete copy of these materials shall be submitted to the Community Development Director for his or her files.
('65 Code, § 38-8) (Ord. No. 91-005 § 1 (part); Ord. No. 91-018 § 1; Ord. No. 94-017 § 5; Ord. No. 2002-007 § 1 (part); Ord. No. 2003-019 § 1 (part); Ord. No. 2004-004 § 1 (part))