§ 17.40.420. Preservation permit.

A.

Consideration of Applications. The historic zoning commission shall meet within fifteen working days after receipt of an application for a preservation permit that includes sufficient data for review. Failure of the commission to act within thirty days after receipt of a sufficient application shall be deemed an approval except when a mutual agreement has been made to extend the time limit. The commission may conduct a public hearing prior to final action on any application.

B.

Preservation Permit. Upon approval of an application, the historic zoning commission shall issue a preservation permit to the applicant and transmit a copy to the zoning administrator. A certificate of zoning compliance shall be issued only if work is in conformance with the preservation permit.

C.

Disapproval by the Historic Zoning Commission. With the disapproval of an application, the historic zoning commission shall state in writing to the applicant the bases for that action in terms of the applicable design guidelines. The notice of disapproval may also be transmitted to the zoning administrator.

D.

Determination of Economic Hardship. In reviewing an application to remove an historic structure, the historic zoning commission may consider economic hardship based on the following information:

1.

An estimated cost of demolition and any other proposed redevelopment as compared to the estimated cost of compliance with the determinations of the historic zoning commission;

2.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the subject structure or improvement and its suitability for rehabilitation;

3.

The estimated market value of the property in its current condition; its estimated market value after the proposed undertaking; and its estimated value after compliance with the determinations of the historic zoning commission.

4.

An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure.

5.

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

6.

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

7.

Any other information considered necessary by the commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

8.

Hardship Not Self-Imposed. The alleged difficulty or hardship has not been created by the previous actions or inactions of any person having an interest in the property after the effective date of the ordinance codified in this title.

(Ord. BL2012-88, § 1, 2012; Ord. 96-555 § 10.9(C), 1997)