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Each Certificate of Appropriateness shall be issued <br />or refused or conditioned or modified by the commission only <br />upon and after consideration of the factors set out in Sections <br />40-99 through 40-103. <br /> <br />Section 40-105. <br /> <br />Issuance of Certificate of Appropriateness <br />without conditions or modifications in hard- <br />ship cases. <br /> <br /> The com~isszon may nevertheless issue a Certificate <br />of Appropriateness, with or without conditions or modifications, <br />for the location, construction, reconstruction, alteration, <br />repair or demolition of a building or structure notwithstanding <br />its consideration of an determination with.respect to the <br />factors set out in Sections 40-99 through ~0-t03, when the <br />cor~nission finds that, because of conditions especially affect- <br />ing the building or structure, but not affecting the historic <br />value, importance or significance of other buildings or <br />structures, land, places or areas in the Historic District, <br />refusal to issue the certificate will cause a clearly demon- <br />strable hardship rather than a mere deprivation of a special <br />privilege or convenience sought by the applicant, and its <br />issuance will not result in substantial detriraent to or de- <br />rogation of the purposes and objectives declared in Section <br />40-92. <br /> <br />Section 40-106. <br /> <br />l~tiee to affected property o%~ers when <br />Certificate of Appropriateness to be issued; <br />hearing to be afforded affected property <br />ov~er s. <br /> <br /> ~'~enever the commission finds that the issuance of a <br />Certificate of Appropriateness and the exercise of the rights <br />and privileges granted thereby will or is likely to materially <br />and adversely affect the property or the value thereof of <br />another, the con~ission shall, before the issuance of the <br />certificate, give due notice of its intention so to do to <br />the owner of such property and afford such owner an opportunity <br />to be heard with respect thereto, and the certificate shall not <br />be issued'until such notice is given and opportunity afforded, <br />and the time within which such certificate may be issued under <br />~he provisions of Section 40-99, if necessary, shall be ex- <br />tended for such additional time as is necessary to give such <br />notice and allow such hearing. <br /> <br />Section 40-107. <br /> <br />Power of commission in promotion and preserva- <br />tion of educational, cultural and economic in- <br />terest, etc. <br /> <br />-15- <br /> <br /> <br />