§ 170-6. Economic hardship.

A. 

Hardship criteria. An applicant whose certificate of appropriateness has been denied may apply for relief from the strict criteria as established for district or landmark designation on the grounds that designation is working a hardship upon him. In order to prove the existence of hardship, the applicant shall establish that:

(1) 

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

(2) 

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;

(3) 

Efforts to find a purchaser interested in acquiring the property and preserving it have failed;

(4) 

The cost of alterations or replacement according to strict application of the design criteria is prohibitive in comparison with the cost of a reasonably compatible alternative; or

(5) 

The replacement of an existing feature on a building is necessary for safety reasons.

B. 

Hardship application procedure.

(1) 

After receiving written notification from the Board of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Board makes a finding that a hardship exists.

(2) 

The Board may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.

(3) 

The applicant shall consult in good faith with the Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property and compatibility with the established design criteria.

(4) 

All decisions of the Board shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk's office for public inspection. The Board's decision shall state the reasons for granting or denying the hardship application.