Where, by reason of topographical conditions, district borderline
situations, immediately adjoining existing developments or because
of other unusual circumstances, the strict application of the provisions
of this chapter would result in exceptional practical difficulty or
undue hardship upon the owner of any specific property, the Historic
District Commission in passing upon applications shall have power
to vary or modify strict adherence to the provisions of this chapter
or to interpret the meaning of this chapter so as to relieve such
difficulty or hardship, provided such variance, modification, or interpretation
shall remain in harmony with the general purpose and intent of this
chapter so that the general character of the district shall be conserved
and substantial justice done. In granting variations, the Historic
District Commission may impose such reasonable and additional stipulations
and conditions as will, in its judgment, better fulfill the purposes
of this chapter.
[Amended 12-19-2019]
Any person or persons severally or jointly aggrieved by any
decision of the Historic District Commission or of any officer thereof
may, within 15 days from the date when such decision was rendered,
take an appeal to the Superior Court, which appeal shall be made returnable
to such court in the same manner as that prescribed for civil actions
brought to such court. Notice of such appeal shall be given by leaving
a true and attested copy thereof in the hands of or at the usual place
of abode of the Chairperson or Clerk of the Historic District Commission
within 12 days before the return day to which such appeal has been
taken. Procedure upon such appeal shall be the same as that defined
in § 8-8 of the General Statutes.
[Amended 1-7-1964; 12-19-2019]
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior feature in the historic district
which does not involve a change of design thereof; nor to prevent
the construction, reconstruction, alteration or demolition of any
such feature which the Building Official certifies is required by
the public safety because of an unsafe or dangerous condition; nor
to prevent the construction, reconstruction, alteration or demolition
of any such feature under a permit issued by the Building Official
prior to the effective date of establishment of the district.