(A) After receiving written notification from the Historic Preservation Board of the denial of a certificate of appropriateness for an existing building or structure, an applicant may commence the hardship process. No building permit or demolition permit shall be issued without a certificate of appropriateness unless the Historic Preservation Board makes a finding that hardship exists.
(B) (1) When a claim of economic hardship is made due to the effect of this chapter, the owner must prove by a preponderance of the evidence that:
(a) The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b) The property cannot be adapted for another use at a reasonable cost, whether by the current owner or by a purchaser, which would result in a reasonable return;
(c) Efforts to find a purchaser interested in acquiring the property and preserving it have failed; or
(d) The effect of this chapter diminishes the property market value by at least 25% of the market value it would have without the effect of this chapter.
(2) If the applicant has proven the elements set forth in this division, the Board must grant the hardship application.
(C) The Historic Preservation Board shall hold a public hearing on the application within 30 days from the date the hardship application is received by the historic preservation officer. Following the hearing, the Historic Preservation Board shall have ten days in which to present its written decision to the building inspector. In the event that the Historic Preservation Board does not act within 40 days of the receipt of the application, the hardship application shall be deemed granted.
(D) All hardship decisions of the Historic Preservation Board shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the City Secretary’s office for public inspection. The Historic Preservation Board’s decision shall state its reasons if denying the hardship application.
(E) A hardship applicant for a certificate of appropriateness dissatisfied with the action of the Historic Preservation Board relating to the denial of a certificate of appropriateness shall have the right to appeal in writing to the City Commission within 30 days after receipt of its decision. The notice of appeal shall be filed with the City Secretary. The City Commission shall make its decision on the appeal in the same manner as provided in the general zoning regulations of the city. In the event the City Commission does not act on the appeal within 30 days after receipt of the appeal, the certificate shall be deemed granted.
(Ord. 618, passed 8-28-2001)