(a)
For deviations.
If an application for COA is denied on the grounds that the proposed work will not comply with the criteria set forth in sections 16.04.002 and 16.04.003, and any design guidelines for the property, the owner shall have the right to seek deviations from the design guidelines on the basis of economic hardship. In order to be entitled to a deviation from the design guidelines, the owner must prove by a preponderance of the evidence as referenced in the application for economic hardship that they will have no reasonable opportunity to recover the cost of the proposed work if they are required to perform the work in accordance with the design guidelines. If the HPC finds that the owner has failed to satisfy this burden of proof, the COA will be denied. If the HPC finds that the owner would have no reasonable opportunity to recover the cost of the proposed work if performed in accordance with the design guidelines, the HPC shall grant a deviation from the design guidelines and may issue a COA for the required work, with or without conditions.
(b)
Factors.
The HPC may consider the following factors in determining the extent of the deviation granted:
(1)
The cost to perform the work in compliance with the design guidelines;
(2)
The value of the property;
(3)
The extent to which a deviation is necessary to allow the owner a reasonable opportunity to recover the cost of the work;
(4)
Whether granting the deviation will harm an existing or proposed historic or landmark district or structure or property designated with a high priority rating; and/or
(5)
Whether the proposed work is in harmony with the spirit and purposes of this section.
(c)
For demolition.
An applicant whose COA for a proposed demolition has been denied may apply for relief on the grounds of economic hardship. In order to prove the existence of hardship, the applicant must prove by a preponderance of the evidence as referenced in the application for economic hardship that:
(1)
The property is incapable of earning a reasonable return, regardless of whether that return represents the highest and best use;
(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)
The property has been listed with a licensed realtor for no less than sixty (60) days; and/or
(4)
The structure or property is in such a condition as to be irreparably damaged and, as such, poses a nuisance to the surrounding area and is a threat to the health, safety, and general welfare of the community in a manner consistent with the provisions of article VIII [sic] of this code, as amended.
(Ordinance 886-24 adopted 12/18/2024)