15-14 Replace Chp. 1134 Historic Preservation Districts

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(2) Landscaping improvements, referring only to the planting or ar- rangement of trees, shrubs, flowers and plants. (in) If no action has been taken by the Architectural Review Board or the Director, or his/her designee, on an application for a certificate of appropriateness within sixty (60) days after such application has been received by the Architectural Review Board, the certificate of appropri- ateness shall be deemed issued. 1134.07 HARDSHIP; REQUEST FILED AFTER DENIAL OF A CERTIFICATE OF APPROPRIATENESS. (a) An applicant who has been denied a certificate of appropriateness may, within thirty (30) days of the denial, request a finding of substan- tial hardship and submit a substantial hardship statement based on eco- nomic impact or other substantial burden. Such a request shall include a sworn statement or affidavit in support. The Commission may hold a public hearing on the substantial hardship statement. (b) All of the following criteria shall be considered to determine the existence of a substantial hardship: (1) Denial of a certificate will result in a substantial reduction in the economic value of the property. (2) Denial of a certificate will result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form. (3) No reasonable alternative exists consistent with the architectural standards and guidelines for the property. (4) The owner has been unable to sell the property utilizing best ef- forts. (5) Previous alterations have interfered with the architectural character of the HPD or HP and the character - defining features to illustrate the style or type are lost, and to return the HPD or HP to its original char- acter is not reasonable. (6) If the owner is a not- for -profit organization, and it is financially or physically infeasible to achieve its charitable propose while conforming to the pertinent architectural standards and guidelines. (7) A coot of competent jurisdiction has required the owner to abate any violation of these ordinances within a time frame that does not comport with the requirements of this chapter. (8) Denial will result in a substantial burden as set forth in the appli- cant's sworn statement or affidavit in support. (c) In considering a substantial hardship statement, the Commission may solicit expert testimony or request that the requesting party submit evidence concerning property value, cost estimates, income expenses, and/or any other information that the Commission deems necessary to determine whether the denial of the request constitutes a substantial