(a) In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure with the Design Review District, the Design Review Board shall grant the demolition and issue a Certificate of Appropriateness if the Board finds, based upon evidence submitted by the applicant, that the structure contains no features of architectural or historical significance to the character of individual District within which it is located.
(b) In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure within the Design Review District which is listed on the National Register of Historic Places, the Design Review Board shall grant the demolition and issue a Certificate of Appropriateness only if the Board finds, based upon evidence submitted by the applicant and based upon a case-by-case determination, that the public interests in preserving a structure containing features of architectural and historical significance is outweighed by a substantial economic hardship to the applicant.
(c) In cases where the applicant applies for a Certificate of Appropriateness to demolish a structure within the Design Review District which is not listed on the National Register of Historic Places, but contains features of architectural and historical significance to the character of the District within which it is located, the Board may deny such application only if the Board finds, based upon a case-by-case determination, that such structure satisfies all the eligibility requirements to be listed on the National Register of Historic Places and that the applicant will not suffer a substantial economic hardship by reason of such denial. However, prior to making any decision, the Board may impose a waiting period of at least thirty (30) days, but not to exceed three (3) months for the purposes described in (f) below.
(d) In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure within the Design Review District which contains features of architectural and historical significance to the character of the District within which it is located, but the Design Review Board finds, based upon evidence submitted by the applicant, that structure fails to meet the eligibility requirements to be listed on the National Register of Historic Places, the Board shall grant such application. However, prior to making any decision, the Board may impose a waiting period of at least thirty (30) days, but not to exceed three (3) months, for the purposes described in (f) below.
(e) To establish the existence of a substantial economic hardship, an applicant has the burden of proving one or more of the following:
(1) Denial of a Certificate of Appropriateness to demolish the structure will result in a substantial reduction in the economic value of the property;
(2) No reasonable alternative exists consistent with the architectural standards and guidelines for the property; and/or
(3) The property is not able to be sold within the previous two (2) years as established by testimony and relevant documents showing any real estate broker or firm engaged to sell the property, the reasonableness of the price sought by the applicant, and any offers received.
(f) When a waiting period is imposed by the Design Review Board, the Board and the applicant shall meet as requested and undertake meaningful and continuing discussions in order to find a means of preserving the structure. During this period, the Board and the applicant shall investigate the feasibility of all means of preserving the structure and the applicant shall make every reasonable effort to find a demolition alternative for that structure. If the applicant or a representative fails to meet with the Board at the time specified, then the Board may deny a Certificate of Appropriateness to demolish the structure. During such period, the owner of such structure shall also maintain or mothball the structure to prevent further deterioration.
(Ord. 2003-39. Passed 4-22-03.)