(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)
(a) 
After receiving written notification from the HPC of the denial of a COA, an applicant may, within ten (10) working days, commence the hardship process by completing a request for economic hardship, unless the hardship application is filed simultaneously with the application for a COA. No consideration or action may be taken on the hardship application unless a denial of the COA has been issued. No building permit or demolition permit shall be issued unless the HPC makes a finding that a hardship exists.
(b) 
The HPC shall 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. Notice of the hearing shall be mailed to the property owner(s).
(c) 
The HPC and the historic preservation officer, in consultation with local preservation groups and other interested parties, shall explore with the owner, or his designated representative, alternatives for the performance of the proposed work that will preserve the structure or property to the greatest extent possible, while being economically feasible.
(d) 
If a deviation is granted, the COA for the proposed work shall state the terms and conditions of the deviation.
(e) 
All deviations shall be in compliance with other city codes and ordinances.
(f) 
All decisions of the HPC shall be in writing. A copy shall be sent to the applicant and a copy filed with the city clerk's office for public inspection. The HPC's decision shall state the reasons for granting or denying the hardship application.
(g) 
The hardship determination may be appealed in accordance with section 16.07.001.
(h) 
In the event of an unresolved difference of opinion existing between the HPC and the chief building official concerning the soundness of the structure and the appropriateness of demolition, the application shall be heard by the city council whose decision shall be final.
(Ordinance 886-24 adopted 12/18/2024)