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Exhibit B — Proposed New Chapter 165 <br />Building Commissioner shall proceed with the review of the application for a building permit in <br />accordance with all other applicable laws of the City. No substantial change shall be made in any <br />application for a building permit recommended for approval by the Commission without <br />resubmittal to the Commission, and recommended approval of such changes in the same manner <br />as was required for the original application. <br />(c) Finding of Unacceptable Proposed Work. If the proposed work is found not <br />acceptable, the Commission shall so advise the applicant and the Building Commissioner in <br />writing as soon as practicable, but in no event longer than 45 days after receiving the complete <br />Certificate of Appropriateness application. If no written report is made and transmitted by the <br />Commission within 45 days, and the Building Commissioner is not notified that this period has <br />been extended for a reasonable period of time by the Commission as a result of applicant delay <br />or with the consent of the applicant, the application for the building permit shall be processed by <br />the Building Commissioner as if a Certificate of Appropriateness had been issued, provided that <br />no substantial change is made in the application. <br />165.12 DETERMINATIONS OF APPROPRIATENESS FOR DEMOLITION. <br />(a) Demolition Criteria. No person shall demolish any structure or <br />architectural feature of a landmark or on a building located within a Historic District until the <br />Commission has reviewed an application for a Certificate of Appropriateness. Such application <br />shall contain a written statement that addresses the reasons for demolition, including any claim <br />that such structure or architectural feature is not historically or architecturally significant or <br />otherwise worthy of preservation. If seeking to demolish an entire structure or major portion <br />thereof, the applicant shall also submit, as applicable, development plans for reuse of the site, <br />evidence of commitment for funding of the new project, a timeframe for project initiation and <br />completion and an assessment of the effect such plans will have on the character and integrity <br />of the property or district. <br />Applications for demolition will be reviewed based on the overall impact the demolition <br />will have on the Historic District and the community. The Commission encourages the <br />preservation and economically productive use of buildings significant to the character of the <br />District and history of the City. Demolition of any building or structure which would detract <br />from the Historic District or result in a loss of historically significant qualities will be strongly <br />discouraged. The Commission shall be guided in its decision thereon by balancing the historic, <br />architectural and cultural value of the structure or architectural feature and the purposes of this <br />chapter and against applicant's proof of any unusual and compelling circumstances or <br />substantial economic hardship in retaining the structure or architectural feature as well as the <br />merit of the replacement project. <br />(b) Standards for Demolition. Demolition of existing buildings which are not a <br />significant loss to the Historic District to allow for the construction of new buildings which <br />enhance the District is acceptable and may be encouraged by the Commission. If the <br />Commission finds the proposed action will have no detrimental effect on the continued historic <br />architectural character of the area and is in keeping with the intent and purposes of this chapter, <br />the application shall be approved. <br />(1) Economic Hardship. The Commission shall evaluate a demolition <br />application based upon substantial economic hardship based upon the <br />applicant's proof that: <br />A. Denial of a certificate will result in a substantial reduction in the <br />economic value of the property; <br />B. Denial of a certificate will result in a substantial economic burden <br />on the owner because they cannot reasonably maintain the <br />property in its current form; <br />