(a) An applicant who has been denied a certificate of appropriateness may, within thirty (30) days of the denial, request a finding of substantial hardship and submit a substantial hardship statement based on economic impact or other substantial burden. Such a request shall include a sworn statement or affidavit in support. The Commission may hold a public hearing on the substantial hardship statement.
(b) All of the following criteria shall be considered to determine the existence of a substantial hardship:
(1) Denial of a certificate will result in a substantial reduction in the economic value of the property.
(2) Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form.
(3) No reasonable alternative exists consistent with the architectural standards and guidelines for the property.
(4) The owner has been unable to sell the property utilizing best efforts.
(5) Previous alterations have interfered with the architectural character of the HPD or HP and the character defining features to illustrate the style or type are lost, and to return the HPD or HP to its original character is not reasonable.
(6) If the owner is a not-for-profit organization, and it is financially or physically infeasible to achieve its charitable purpose while conforming to the pertinent architectural standards and guidelines.
(7) A court of competent jurisdiction has required the owner to abate any violation of these ordinances within a time frame that does not comport with the requirements of this chapter.
(8) Denial will result in a substantial burden as set forth in the applicant's sworn statement or affidavit in support.
(c) In considering a substantial hardship statement, the Commission may solicit expert testimony or request that the requesting party submit evidence concerning property value, cost estimates, income expenses, and/or any other information that the Commission deems necessary to determine whether the denial of the request constitutes a substantial hardship. The level of documentation required may vary as is appropriate to each case. The requesting party may submit any personal or proprietary information to the staff of the City for a confidential review, and such information shall be returned to the requesting party, and a summary or evaluation of the information shall be provided to the Commission without disclosure of the specific personal or proprietary information.
(d) The Commission shall act upon a request for a finding of a substantial hardship within a period not to exceed six (6) months from the original date of the denial of a certificate of appropriateness or two (2) months from the date the Commission receives all requested supporting material, whichever is later. If no action has been taken by the Commission within this period, the request shall be deemed granted, unless the time is extended upon by mutual agreement. Upon the denial of a request, the requesting party shall be notified by mail.
(Ord. 15-14. Passed 3-17-2014.)