The Landmarks Commission shall grant a certificate of appropriateness for a relocation, demolition, or, at the Commission’s discretion, modify or exempt a property from the requirements of § 156.09 if the applicant can demonstrate that complying with the provisions of this chapter creates an economic hardship that prevents the profitable use of the subject property.
(A) Economic hardship may only be considered in a separate hearing after an application for a certificate of appropriateness for the alteration, relocation, or demolition of a landmark has been issued or denied and all pending appeals to the Land Use Board of Appeals, the Land Conservation and Development Commission, and local, state, and federal courts are resolved.
(B) Separate standards for demonstrating an economic hardship are established for investment or income-producing and non-income-producing properties.
(C) Economic hardship for an income-producing property shall be found when the property owner demonstrates that a reasonable rate of return cannot be obtained from the landmark if it retains its historic features, buildings, or structures in either its present condition or if it is rehabilitated.
(D) Economic hardship for a non-income-producing property shall be found when the property owner demonstrates that the landmark has no beneficial use as a single-family dwelling or for an institutional use in its present condition or if rehabilitated.
(E) Property owners seeking a certificate of appropriateness for economic hardship must provide sufficient information, as determined by the Historic Preservation Officer, to support the application for the certificate. Demonstration of an economic hardship shall not be based on or include any of the following circumstances:
(1) Willful or negligent acts by the owner;
(2) Purchase of the property for substantially more than market value;
(3) Failure to perform normal maintenance and repairs;
(4) Failure to diligently solicit and retain tenants; and/or
(5) Failure to provide normal tenant improvements.
(Ord. 526, passed 6-11-2012)