Laserfiche WebLink
Commission may request additional information from the applicant as necessary to <br />make informed decisions. <br />A. Economic hardship exemption. Exemptions are granted only to the specific <br />owner and use and are not transferable. <br />(1) For investment, or income producing properties: the owner's inability to <br />obtain a reasonable rate of return in its present condition or if <br />rehabilitated. Reasonable rate of return does not mean highest rate of <br />return. <br />(2) For non - income producing properties consisting of owner occupied <br />single- family dwellings and /or non - income producing reasonable use <br />properties not solely operating for profit: the owner's inability to convert <br />the property to reasonable use in its present condition or if <br />rehabilitated. <br />(3) The consideration for economic hardship shall not include willful or <br />negligent acts by the owner, purchase of the property for substantially <br />more than the market value, failure to perform normal maintenance <br />and repairs, failure to diligently solicit and retain tenants, or failure to <br />provide normal tenant improvements. <br />B. Undue hardship. An applicant requesting an exemption based on undue <br />hardship must show that the application of the criteria creates a situation <br />substantially inadequate to meet the applicant's needs because of specific <br />health and /or safety issues. <br />C. Inability to use. Three (3) years after denial of a demolition permit, if no <br />feasible use or ownership is found for the structure, the owner may request a <br />waiver of all or a part of the restraint of demolition. The Commission will <br />include the following factors in their consideration of the request: <br />(1) Documented evidence of applications and written correspondence, <br />including written consultations, illustrating efforts made by the property <br />owner to make necessary repairs, to find an appropriate user, or to find <br />a purchaser for the property, and <br />(2) The adequacy of the property owner's efforts to locate available <br />assistance for making the property functional without demolition. <br />14. Landmark alteration certificate or exemption hearing. Unless the application has <br />been found to have no impact as noted in Section 11 of this Chapter, the Commission <br />shall hold a public hearing on all applications for landmark alteration certificates or <br />exemptions for new construction, removal, or demolition of a designated landmark <br />structure or a structure within an historic district no more than sixty (60) days after the <br />completed application was filed. <br />A. Commission review. The Commission shall determine whether the application <br />meets the standards in this Chapter and. the Commission's established review <br />standards for alterations. Within thirty (30) days after the hearing date first <br />set, unless otherwise mutually agreed upon by the Commission and <br />applicant, the Commission shall adopt written findings and conclusions. <br />14 <br />