A. Alteration, Construction or Restoration: A certificate of appropriateness for the alteration, construction or restoration of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, find all of the following conditions exist:
1. The proposed alteration, construction or restoration will not adversely affect exterior architectural features of the building or structure specified in the designation; and
2. The proposed alteration, construction or restoration will not adversely affect the special character; special historical, architectural or aesthetic interest; nor the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, as specified in the designation.
B. Demolition: A certificate of appropriateness for the demolition of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, find one or more of the following conditions exist:
1. The structure or building is a hazard to public health or safety;
2. The site on which the designated cultural resource is located is required for a public use which will be of more benefit to the public than its use as a cultural resource and there is no practical alternative location for the public use; or
3. Denial of the proposed application will result in unreasonable economic hardship to the owner; it is not feasible to preserve or restore the designated cultural resource; and the property owner will be denied the reasonable beneficial use of the property if the application is denied.
C. Relocation: A certificate of appropriateness for the relocation of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, finds that:
1. One or more of the conditions set forth in subsection B of this Section exist;
2. The relocation will not destroy the historic, cultural or architectural value of the designated cultural resource; and
3. The relocation is part of a definitive series of actions which will assure the preservation of the designated cultural resource.
D. Exemption for Unreasonable Economic Hardship: A property owner may request an exemption from the provisions of this Chapter on the grounds of unreasonable economic hardship for any alteration, construction, restoration, demolition or relocation of a designated cultural resource.
A property owner requesting an exemption on the grounds of unreasonable economic hardship shall provide the following information; including, but not limited to:
1. Ownership and operation of the property, mortgage and financing information, market value, structural integrity, rehabilitation costs, assessed value, real estate taxes, debt service, and potential adaptive re-use.
2. For income-producing property:
a. Annual gross income from the property for the previous two years;
b. Itemized operating and maintenance expenses for the previous two years; and
c. Annual cash flow, if any, for the previous two years.
3. For low-income owners: a statement of present household income and number of persons in the household. Low-income households shall be defined as meeting the income level established by the U.S. Department of Housing and Urban Development.
4. The staff may require that a property owner furnish additional information which would assist the Commission in making a determination as to whether or not the property does yield or may yield a reasonable return to the owner(s) (i.e., pro forma financial analysis). In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained.
The property owner shall have the burden of proof to establish unreasonable economic hardship.
The Commission, or City Council on appeal, may grant an exemption on the grounds of unreasonable economic hardship if it finds that the application of the provisions of this Chapter to the proposed alteration, construction, restoration, demolition or relocation would deny the property owner reasonable beneficial use of the property and a reasonable rate of return on the owner's investment in the property. (Ord. 1629, 11-16-2021)