[Ord. No. 402-99 Art. IV §1, 10-18-1999]
Any person aggrieved by any decision of the Building Official
in the administration or enforcement of this Chapter, other than the
nuisance abatement provisions, may appeal such decision to the Board
of Adjustment.
[Ord. No. 402-99 Art. IV §2, 10-18-1999]
A. Any
property owner may petition the Board of Adjustment for a variance
from strict compliance with the requirements of the Chapter. The petition
shall be in writing and shall state the grounds for the petition and
all facts relied upon by petitioner.
B. The
Board of Adjustment shall not grant a variance from the requirements
of this Chapter unless it shall make all of the following findings:
1. Good and sufficient cause based on an unreasonable burden or hardship
has been proven.
2. The granting of the variance would not result in any increase in
quantity or velocity of flow, degradation of water quality, or negative
impacts upon adjoining or downstream properties, nor upon the stormwater
system.
3. The degree of variance is the minimum necessary to afford relief
from the unreasonable burden or hardship imposed by the requirements
of this Chapter.
4. The variance may be granted without defeating the public health,
safety and welfare purposes and intent of this Chapter.
[Ord. No. 402-99 Art. IV §3, 10-18-1999]
The procedures set forth for appeals by the Board of Adjustment
shall apply to petitions for appeals or variances from the requirements
of this Chapter.