§ 1435-09-2. Certificates of Appropriateness; Standards for Review  

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  • In accordance with Section 1435-09-1 above, the Historic Conservation Board has the duty to review and make a determination on all Certificates of Appropriateness in the manner prescribed herein for the purpose of furthering the conservation and integrity of the Historic Asset or Historic District affected. The Board may approve or approve with conditions an application for a Certificate of Appropriateness when it finds either:

    (a) That the property owner has demonstrated by credible evidence that the proposal substantially conforms to the applicable conservation guidelines; or

    (b) That the property owner has demonstrated by credible evidence that the property owner will suffer economic hardship if the certificate of appropriateness is not approved.

    In determining whether the property owner has demonstrated an economic hardship for purposes of (b) above, the Historic Conservation Board shall consider all of the following factors:

    (i) Will all economically viable use of the property be deprived without approval of a Certificate of Appropriateness;

    (ii) Will the reasonable investment-backed expectations of the property owner be maintained without approval of a Certificate of Appropriateness; and

    (iii) Whether the economic hardship was created or exacerbated by the property owner.

    In evaluating the above factors for economic hardship, the Historic Conservation Board may consider any or all of the following:

    (aa) A property's current level of economic return;

    (bb) Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents;

    (cc) The feasibility of alternative uses for the property that could earn a reasonable economic return;

    (dd) Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property;

    (ee) Knowledge of landmark designation or potential designation at time of acquisition; and/or

    (ff) Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

    Whenever a Certificate of Appropriateness is required pursuant to the provisions of this chapter, the Director of City Planning and Buildings may not issue a building permit until a Certificate of Appropriateness has been approved or approved with conditions. In the event that the standards in this Section 1435-09-2 conflict with any standards set forth in any conservation guidelines, the standards set forth herein shall govern and control.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)