[Ord. 2003-06, 8/21/2003, § 700]
1. When a claim of unreasonable economic hardship is made due to the
effect of this chapter, the owner of record must present evidence
sufficient to prove that, as a result of HARB's action, he is unable
to obtain a reasonable return or a reasonable beneficial use from
a resource. The Board of Supervisors may ask the owner of record to
submit by affidavit to the Board of Supervisors some or all of the
information below at the discretion of the Board of Supervisors (or
other relevant information deemed necessary to make a decision), which
shall include, but not be limited to, the following:
A. Date the property was acquired by its current owner.
B. Price paid for the property and a description of the relationship,
if any, between the buyer and the seller of the property.
C. Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
D. Current market value of the property.
F. For depreciable properties, a pro forma showing income and expense
statements for the past two years.
G. Past capital expenditures during ownership of current owner.
H. Income and property tax factors affecting the property.
I. All appraisals obtained within the previous two years by the owner
or applicant in connection with purchase, offerings for sale, financing
or ownership of the property, or state that none was obtained.
J. Form of ownership of the property.
K. Proof of inability of owner to pay for corrective action.
2. All studies commissioned or any consideration given by the owner
as to profitable renovation, rehabilitation or utilization of any
buildings, structures or objects on the property for alternative use,
or a statement that none were obtained.
3. Estimate(s) of the cost of the proposed construction, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of HARB for changes necessary for it to approve a certificate of appropriateness.
4. Should the Board of Supervisors determine that the owner's present
return is not reasonable, it may consider whether there are other
uses currently allowed that would provide a reasonable return and
whether such a return could be obtained through investment in the
property for rehabilitation purposes.
5. The Board of Supervisors, through the assistance of HARB, may seek
the assistance of appropriate local, statewide or national preservation
organizations in developing solutions that would relieve the owner's
economic hardship. If the Board of Supervisors chooses to explore
such options, it may delay issuing a certificate of appropriateness
for demolition on the basis of economic hardship for a period of 90
days in addition to time periods otherwise applicable. This period
could be extended by written and signed mutual consent.
6. Should the applicant satisfy the Board of Supervisors that he will
suffer an unreasonable economic hardship if a certificate of appropriateness
is not approved, and should the Board of Supervisors and/or HARB be
unable to find a solution which can relieve the owner's economic hardship,
HARB shall recommend and/or the Board of Supervisors shall approve
a certificate of appropriateness.