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