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62-09 Amend Chapter 1134 - Historic Preservation Dist. & Properties
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62-09 Amend Chapter 1134 - Historic Preservation Dist. & Properties
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Last modified
5/14/2013 3:18:30 PM
Creation date
12/29/2009 9:46:50 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
12/22/2009
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(2) landscaping improvements, referring only to the planting or <br />arrangement of trees, shrubs, flowers and plants. <br />(n) If no action has been taken by the Architectural Review Board or the <br />Director, or his/her designee, on an application for a Certificate of <br />Appropriateness within sixty (60) days after such application has been <br />received by the Architectural Review Board, the Certificate of <br />Appropriateness shall be deemed issued. <br />1134.07 ECONOMIC HARDSHIP; APPLICATION FILED <br />AFTER DENIAL OF A CERTIFICATE OF <br />APPROPRIATENESS <br />(a) An applicant who has been denied a Certificate of Appropriateness <br />may, within thirty (30) days of the denial, apply for a Certificate of <br />Economic Hardship. The application shall be made on a form prepared <br />by the Commission. The Commission may hold a public hearing on <br />the hardship application. <br />(b) All of the following criteria shall be considered to determine the <br />existence of an economic hazdship• <br />(1) Denial of a Certificate will result in a substantial reduction in <br />the economic value of the property, <br />(2) Denial of a certificate will result in a substantial economic <br />burden on the applicant because the applicant cannot <br />reasonably maintain the property in its current form. <br />(3) No reasonable alternative exists consistent with the <br />architectural standards and guidelines for the property. <br />(4) The owner has been unable to sell the property utilizing best <br />efforts. <br />(5) Previous alterations have interfered with the azchitectural <br />chazacter of the building and the character-defining features to <br />illustrate the style or type are lost. and to return the structure to <br />its original chazacter is not reasonable. <br />(6) If the owner is anot-for-profit organization, and it is <br />financially or physically infeasible to achieve its charitable <br />purpose while conforming to the pertinent architectural <br />standazds and guidelines. <br />(7) A court of competent jurisdiction has required the owner to <br />abate any violation of these ordinances within a time frame <br />that does not comport with the requirements of this Chapter., <br />(c) In considering granting a Certificate of Economic Hardship, the <br />Commission may solicit expert testimony or request that the applicant <br />for a Certificate of Economic Hardship submit evidence concerning <br />property value, cost estimates, income expenses, and/or any other <br />information that the Commission deems necessary to determine <br />whether the denial of the application constitutes an economic hardship. <br />I1 <br />
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