H.
Economic Hardship.
The Commission shall not issue Certificates of Appropriateness which are not in
compliance with Subsection F-6 unless the findings for Economic Hardship are
met. Application for Economic Hardship shall be made on a form(s) provided by
the Planning Division and may be filed concurrent with the application for a
Certificate of Appropriateness.
1. The Commission shall schedule a public hearing concerning the application and provide notice in the same manner as in Subsection F of this Section and any person may testify at the hearing concerning Economic Hardship in the same manner as provided in Subsection H-3
2. The Commission shall review all evidence and information required of an applicant for Economic Hardship and make a determination within fifty (50) days of receipt of the application where the denial of a Certificate of Appropriateness has deprived, or will deprive, the owner of the property of the reasonable use of, or economic return on the property. Written notice of the determination shall be provided in the same manner required by Subsection F of this Section.
3. If the applicant presents facts and clear evidence demonstrating to the Commission that failure to approve the application for Certificate of Appropriateness will cause immediate and substantial Economic Hardship, the Commission may then approve in part or in while the application based upon Economic Hardship. Economic Hardship is defined as a substantial cost to the owner of the property which is patently unreasonable in comparison to the benefit conferred to the community should the owner be limited to following guidelines for preserving or protecting the property. The Commission shall hold a public hearing in order to determine whether a Certificate of Appropriateness shall be approved or denied when Economic Hardship is involved. If the Certificate of Appropriateness is approved in such a case a written determination shall state the Economic Hardship is the reason for its findings.
4. The Commission shall weigh the following factors as appropriate, in evaluating applications for Economic Hardship:
a. Denial of the application will affect the value of the subject property so as to diminish substantially its value;
b. The sale or rental of the property is impractical when compared to the cost of holding such property for uses permitted in this zone;
c. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
d. Rental at a reasonable rate is not feasible;
e. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonable in comparison to the benefit conferred on the community; and
f. All means involving City sponsored incentives such as tax abatements, financial assistance, building code modifications, amendments to the zoning ordinance, loans, grants, and reimbursements have been explored to relieve possible Economic Hardship.
5. The Commission shall be authorized to request the applicant to furnish material evidence supporting his request for a finding of Economic Hardship. Evidence shall consist of any of the following as deemed necessary by the Commission:
a. Cost estimates of the proposed work and estimate of the additional cost(s) that would be incurred to comply with the recommendations of the Commission.
b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
c. Fair market value of the property form an appraiser in its current condition, estimated market value after completion of the proposed construction, exterior alteration, demolition, or removal; after an changes recommended by the Commission; and in the case of a proposed demolition, after renovation of the existing property for continued use.
d. In the case of a proposed demolition, an estimate form an architect, an appraiser, or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation, relocation, or reuse of the existing structure on the property.
e. For income-producing properties, information on the annual gross income, operating and maintenance expenses, depreciation deductions, and annual cash flow after debt service, and current property taxes.
f. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years and any appraisals obtained within the previous two years by the owner or applicant.
g. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship between the owner of record or applicant and the person from whom the property was purchased; any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.
h. Assessed value of the property according to the most recent assessments and property taxes for the two previous years.
i. Form of ownership or operation of the property, whether sole proprietorship, limited partnership, joint venture, or other.
j. Any other information considered necessary by the Commission to make a determination of Economic Hardship, and to determine whether the property does yield or may yield a reasonable return to the owners.
6. In considering an application for Economic Hardship, the Commission shall make a finding that without approval of the proposed demolition, exterior alteration, remodeling, removal, or construction, the reasonable use of or return form a designated landmark property within an Historic District will be denied a property owner. In this context, personal financial difficulties or loss of quantifiable anticipated profits may be considered, but are not alone justifiable hardships. In the case of a proposed demolition, the Commission must make a finding that the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner.
7.
In the case of a finding of Economic Hardship, this
finding shall be accompanied by a plan developed by the City of
8. If, by the end of the aforementioned sixty (60) day period, the Commission finds that without approval of the proposed work the property cannot generate a reasonable economic return, then the Commission shall issue a finding of Economic Hardship approving the proposed work.
9. If the Commission finds otherwise, it shall deny the application for a finding of Economic Hardship and notify the applicant by mail of the final denial.
10. If approval of a finding of Economic Hardship will result in the demolition of a nominated or designated Historic Landmark, the applicant shall be required to provide documentation of the resource proposed for demolition to the standards of the Historic American Buildings Survey. Such documentation may include photographs, floor plans, measured drawings, archeological survey, or other documentation stipulated by the Commission and shall be submitted prior to issuance of a demolition permit.