§ 3116.19. Rehearing.

(A)

If applicant desires rehearing before the commission to consider any unusual and compelling circumstances and/or substantial economic hardship unaddressed in the original application or hearing, applicant shall submit an application for rehearing to the commission through the historic preservation officer together with any alternate plan and evidence as to such circumstances and such hardship. Within forty-five (45) days of the commission's receipt of such request, it shall hold a public hearing at which to consider the applicant's evidence in response to its decision and any plan as an alternative thereto. Clear and convincing evidence shall be required for the commission to find unusual and compelling circumstances and/or substantial economic hardship.

(B)

If the application is again denied, the commission shall clearly state in the record of the hearing the reason applicant failed to meet the test for unusual and compelling circumstances or substantial economic hardship.

(C)

If the application is granted after rehearing, the commission shall clearly state in the record of the hearing:

(1)

The clear and convincing evidence which was presented of unusual and compelling circumstances or substantial economic hardship; or

(2)

That the final plan is appropriate to the preservation of the district pursuant to the purposes, architectural characteristics, guidelines and standards of this chapter and of the chapter pertinent to the subject property; or

(3)

That, although inappropriate, such proposal due to unusual and compelling circumstances affects only the subject structure and not the district generally; and

(4)

Reasons why the project should proceed in light of the commission's charge to protect the public welfare from substantial detriment and derogation of the intent and purpose of this chapter and of the chapter pertinent to the subject property.

(Ord. 1352-93.)