§ 18.01.120. Economic hardship application procedure.

A.

After receiving written notification from the HPB of the denial of a certificate of appropriateness, an applicant may, within ten working days, commence the hardship process, unless the hardship application is filed simultaneously with the application for a certificate of appropriateness. No consideration or action may be taken on the hardship application unless a denial of the certificate of appropriateness has been issued. No building permit or demolition/removal permit shall be issued unless the HPB makes a finding that a hardship exists.

B.

The HPB 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.

C.

The HPB 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 certificate of appropriateness 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 HPB shall be in writing. A copy shall be sent to the applicant and a copy filed with the city secretary's office for public inspection. The HPB's decision shall state the reasons for granting or denying the hardship application.

G.

The hardship determination may be appealed in accordance with section 18.01.180 herein.

H.

In the event of an unresolved difference of opinion existing between the HPB and the chief building official concerning the soundness of the structure and the appropriateness of demolition/removal, the application shall be heard by the city council whose decision shall be final.

(Ord. No. 2013-08, 6-25-2013)