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Exhibit B — Proposed New Chapter 165 (a) Criteria for Determining Appropriateness of Proposed Work. In determining the compatibility and impact of work as proposed in an application, the Commission shall consider only the following: (1) All plans, drawings and photographs as may be submitted by the applicant, City officials, or others; (2) Information presented at a public meeting held concerning the proposed work; (3) The purpose of this chapter; (4) The criteria used in the original designation of the district in which the property under consideration is situated; (5) The historical and architectural style, the general design, arrangement, texture, materials and color of the building or structure in question or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district and the position of the building, structure, park or open space in relation to public rights-of-way and to other buildings and structures in the district; (6) The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; (7) Design guidelines and other criteria as referenced in Section 165.14 which are relevant to the proposed work; and (8) Whether denial of the permit will involve substantial economic hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this chapter. In determining whether the property owner has demonstrated substantial economic hardship, the Commission shall consider all of the following factors: A. Will the property owner be deprived of all economically viable use of the property without approval of a Certificate of Appropriateness; B. Will the reasonable investment -backed expectations of the property owner be maintained without approval of a Certificate of Appropriateness; C. Whether the economic hardship was created or exacerbated by the property owner; D. The property's current level of economic return; E. Any listed price of the property for sale or rent; F. Offers received, if any, within the previous two years, including relevant documents; G. The feasibility of alternative uses for the property that could earn a reasonable economic return; H. Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property; I. Knowledge of landmark designation or potential designation at time of acquisition; and J. Economic incentives and/or funding available to the applicant through federal, state, city or private programs. (b) Approval of Acceptable Proposed Work. If the Commission finds that the proposed work is of a nature which will not adversely affect or destroy any exterior architectural feature of the landmark or property located in a Historic District and is appropriate or consistent with the spirit and purposes of this chapter, it shall issue a Certificate of Appropriateness and this Certificate shall be sufficient for the applicant of a building permit to meet the requirements of Section 165.07(b). Upon receiving the Commission's Certificate of Appropriateness, the