A.
Any person specially aggrieved by any final ruling as
to the interpretation or application of the terms and conditions herein provided
may appeal to the Board of Appeals, provided that said appeal is taken within
thirty (30) days after the final decision has been rendered.
[Amended 7-6-2004 by Bill No. 2004-6]
B.
All appeals shall be in writing and shall state the sections
of this chapter being appealed and the grounds for such appeal.
A.
The Board of Appeals is authorized to grant variances
from the provisions of this chapter where the Board finds that such provisions
would result in an unwarranted hardship for the applicant.
[Amended 7-6-2004 by Bill No. 2004-6]
B.
Any applicant for a variance shall have the burden of
proving to the Board that:
(1)
There are special conditions peculiar to the property
that would cause the unwarranted hardship.
(2)
The enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas.
(3)
The granting of the variance will not confer on the applicant
a special privilege that would be denied to other applicants.
(4)
The variance request is not based on conditions or circumstances
which are the result of actions by the applicant.
(5)
The variance request does not arise from a condition
relating to land or building use, either permitted or nonconforming, on a
neighboring property.
(6)
The granting of a variance will not adversely affect
water quality.
C.
The Board of Appeals shall make written findings of fact
that the applicant has met the requirements of this article before the Department
may grant final approval of a variance.
[Amended 7-6-2004 by Bill No. 2004-6]
A.
Notice of a request for a variance shall be given by
the Department to the Department of Natural Resources within 15 days of receipt
of a request for a variance.
B.
The Department of Natural Resources shall have the right
and authority to initiate or intervene in an administrative, judicial or other
original proceeding or appeal concerning an approval of a variance under this
chapter.
