 The ordinance also provides that no other department or agency of the Metro Government can issue any permit relating to the alteration to a landmark or structure within a historic district unless a certificate of appropriateness is obtained from the Commission. The ordinance specifically provides that in regards to demolition, an owner must submit an application for demolition that contains “information establishing that the property cannot be put to a reasonable beneficial use without the approval of the proposed work or if income-producing property, information establishing that the applicant cannot obtain a reasonable return from the property without the approval of the proposed work.” After an owner submits an application, the staff will either classify the application as needing staff review or Committee review. If it is decided that a Committee review is need, the application will first be viewed by the staff who will make a written determination if the exterior alterations are in compliance with the guidelines, and the recommendation will be forwarded to the Committee. When the Committee meets to consider the application, it will be a public hearing, where the applicant can submit any relevant information needed for the review of the application, and any interested parties will have an opportunity to testify. Then the Committee will make a decision “based upon a written find of fact,” where the Committee will either approve the application, deny the application, approve it with conditions, or defer the decision for further consideration. After the decision is made the applicant may appeal the decision to the Commission, who will then schedule a meeting to consider the appeal, however a decision by the Commission will only be overturned “upon the written finding that the staff or Committee was clearly erroneous as to a material finding of fact related to whether the proposed exterior alterations complied with the guidelines.” 

Additionally, if an application for demolition or new construction is denied by the Committee, the applicant may request an “economic hardship exemption” from compliance from a guideline “which constituted the basis of the denial of the application,” with the Commission. The Commission will then hold another public hearing, where the applicant can supplement the record to show that they qualify for the exemption, or the Commission might require the applicant submit findings from a person determined to be an expert in “real estate and development who are knowledgeable in real estate economics…[and] in the economic of renovation, redevelopment and rehabilitation.” The Commission will only grant an economic hardship exemption if the applicant proves shows through a preponderance of the evidence that: 1) for an non-income producing structure the property cannot “be put to any reasonable beneficial use,” or 2)for an income-producing structure that the applicant “cannot obtain any reasonable return from the property… without the approval of the application.” If the Commission decides to deny the request for an exemption, this decision is final, which may be appealed by any “injured or aggrieved” party to the Jefferson Circuit Court within 30 days of the Commission’s final action.