§ 1366-3. In evaluating requests for Certificates of Appropriateness, the Cultural Heritage Board and staff shall consider the existing architectural style, design, arrangement, texture, materials, and any other factors with regard to the site's original distinguishing characteristics. Using the Secretary of the Interior's Standards for Historic Preservation Projects as a guide, the Cultural Heritage Board or its staff, as delegated, shall approve a Certificate of Appropriateness for any proposed work site if, and only if, one (1) of the following findings can be made:

a.

The proposed work will neither adversely affect the significant architectural features nor adversely affect the character of historical, architectural or aesthetic interest or value of the site.

b.

In the case of construction of a new improvement, addition, building or structure upon the site, the use and exterior of such construction will not adversely affect, and will be compatible with the use and/or exterior of the site.

c.

The denial of a Certificate of Appropriateness will deprive the owner of the property of all reasonable use of or economic return on the property.

d.

If the applicant presents facts and clear evidence demonstrating that failure to approve the request for a Certificate of Appropriateness will cause a hardship because of conditions peculiar to the structure or other feature involved, or damage to the property owner is unreasonable in comparison to the benefit conferred to the community, the Board may conditionally approve such Certificate, even though it does not meet the standards set forth herein.

e.

If the request for a COA involves a non-designated site and the proposed work would not compromise the potential future designation of the site.