§ 8-6. CHAP determination.

(a) In general.

Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed.

(b) Criteria for Authorization to Proceed.

The Commission may approve issuance of an Authorization to Proceed only if it determines that:

(1) the proposed regulated alteration is compliant with the Commission's design guidelines and otherwise appropriate to the preservation of the particular Preservation District or to the preservation of the structure on the Landmark List or Potential-Landmark List; or

(2) notwithstanding that the proposed regulated alteration is, in the opinion of the Commission, noncompliant with the Commission's design guidelines or otherwise inappropriate:

(i) the proposed alteration nonetheless is without substantial detriment to the public welfare and without substantial derogation of the intents and purposes of this article; and

(ii) denial of an Authorization to Proceed would result in substantial hardship to the applicant.

(c) Factors to be considered.

In passing on appropriateness, the Commission must consider, among other pertinent factors:

(1) the structure's historic or architectural significance;

(2) the location and visibility of the proposed alteration; and

(3) the historic or architectural significance, architectural style, general design, arrangement, texture, material, color, architectural features, height, massing, and scale of other structures in the immediate neighborhood.