A.
Grounds for relief. A property owner may apply to
the Village Board of Trustees for relief from landmark designation
or inclusion in an historic district on the grounds that the designation
or inclusion imposes a hardship upon him. To support such an application,
the applicant shall establish that:
(1)
Because of the designation or inclusion, the property
is incapable of earning a reasonable return, regardless of whether
that return represents the most profitable return possible.
(2)
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return.
(3)
Bona fide efforts to find a purchaser interested in
acquiring the property and preserving it have failed.
B.
Procedure.
(1)
At any time after receipt of written notification
that applicant's property has been designated a landmark or included
in an historic district, an applicant may commence the hardship process.
No relief from landmark designation or inclusion in an historic district
shall be granted unless the Village Board of Trustees makes a finding
that a hardship exists.
(2)
The Village Board of Trustees shall hold a public
hearing on the hardship application at which an opportunity will be
provided for proponents and opponents of the application to present
their views.
(3)
Notice of such public hearing shall be published in
the official newspaper of the Village of Sea Cliff at least 10 days
prior to the date of the public hearing. The Board shall hold a public
hearing on the hardship application within 60 days of receipt of the
application.
(4)
All decisions of the Village Board of Trustees shall
be in writing and shall state the reasons for granting or denying
the hardship application. A copy of the decision shall be sent to
the applicant by certified mail and a copy filed in the Village Clerk's
office.
