Section 15.64.210 Unreasonable economic hardship--Landmarks and historic districts.
Prior to the adoption of Ord. No. 2437 on 02/06/2006, Section 15.64.210 read as follows.
A. If, notwithstanding a proposed
construction, alteration, removal or demolition may be
inconsistent with the criteria of this chapter, failure to grant a certificate of appropriateness will
involve an unreasonable economic hardship to the applicant, the commission may grant the
certificate of appropriateness to allow the performance of work which otherwise would be denied
upon its findings that there will not be a substantial detriment to the public welfare nor
substantial derogation from the purposes of this chapter.
B. In order to enable the commission
to determine unreasonable economic hardship, the
applicant shall at the time of the public hearing or meeting at which the application for a
certificate of appropriateness is considered, produce all relevant information in affidavit form,
including:
1. Amount paid for property and date
of purchase;
2. Recent assessed value, real estate
taxes, annual debt service, appraisals obtained in
previous years;
3. Listing or offers to sell or rent
the property; and any offers received to purchase or rent the
property;
4. Financial information relating
to income and expenses on the property over a period of at
least five years pending the year of application;
5. Any additional information which
fully explains the economic hardship which would
result from denial of the certificate of appropriateness for the permit.
C. If the commission finds that a
proposed construction, alteration, removal or demolition is
inconsistent with the criteria of this chapter and issuance of a certificate of appropriateness
would cause substantial detriment to the public welfare or substantial derogation from the
purposes of this chapter, but that denial of the permit would cause an economic hardship for the
applicant, the commission may order a postponement of any action on the application for a
period not to exceed six months. During this period, the commission shall investigate alternatives
to provide for a reasonable beneficial use or a reasonable economic return, or to otherwise
preserve the subject property and improvements. If, by the end of the six-month period, the
commission has found that without approval of the proposed work, the property and
improvements cannot be put to a reasonable beneficial use or the owner cannot obtain any
reasonable economic return, the commission shall grant the certificate of appropriateness for the
proposed work. In case a certificate of appropriateness is denied, the applicant may, within
fifteen (15) working days, appeal the commission's decision to the city council. The city council
may affirm, modify or reject the decision, after due consideration of the facts contained in the
record submitted to the city council by the commission.
D. When granting a certificate of
appropriateness under this section the commission shall
indicate the reasons for issuance, and may prescribe any conditions or limitations that are
necessary to minimize the adverse impact of the requested construction, alteration, removal or
demolition. (Ord. 777 § 1 (part), 1989: prior code § 41-5-8)
15.64.210