(A) After receiving notice from the Commission of the denial of certificate of appropriateness, an applicant may submit and economic hardship application. No building permit or demolition permit may be issued for an activity for which a certificate of appropriateness was denied unless the Commission approves an economic hardship application.
(B) When an economic hardship application is submitted, the owner must prove that:
(1) The property is incapable of earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible;
(2) The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return on investment; and
(3) Reasonable efforts to find a purchaser interested in acquiring the property and preserving it have been made and have failed. The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Those efforts must be demonstrated to the Commission.
(C) The Commission shall hold a public hearing on the application within 60 days from the date the application is determined to be complete by the Preservation Officer. Following the hearing, the Commission will have 30 days in which to make a decision on the application. In the event that the Commission does not make a decision within 90 days of the receipt of the application, a building or demolition permit may be granted.
(D) Decisions of the Commission will be in writing and will state the reasons for granting or denying the application. A copy shall be provided to the applicant and a copy filed with the City Secretary.
(E) An applicant dissatisfied with the action of the Commission on a hardship application has the right to appeal to the City Council by filing a written notice within 30 days after the Commission's decision. The City Council will hear the appeal using the same procedures and criteria as those specified in this section for the Commission.
(Ord. 08-341, passed 1-22-2008)