After receiving written notification from the commission of the disapproval of a certificate of appropriateness, the owner of record may apply for a certificate of economic hardship if he or she believes that the application of the provisions of this article would result in economic hardship to the extent that the property in question cannot yield a reasonable return. The review and approval procedures for a certificate of economic hardship are set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title. The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
A. The property in question cannot yield a reasonable return if required to comply with the requirements and standards specified in this article. It is not sufficient to show that the potential return will be reduced as a result of these regulations, but rather it must be demonstrated that the resulting reduction would be near confiscation.
B. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood.
C. The hardship is not of the property owner's or applicant's own making. (Ord. 05-4186, 12-15-2005)