A.
All appeals concerning any decision, order, rule or failure to act under the provisions of this chapter shall be heard and decided by the Board of Appeals (as established under Chapter 23, Article I of this Code) in accordance with the provisions contained herein. The word "Board" when used in this chapter shall be construed to mean the Board of Appeals.
[Amended 9-9-2019 by Ord.
No. 19-329]
B.
Duties and responsibilities. The duties and responsibilities of the
Board of Appeals shall be as follows:
(1)
Administrative appeals. To hear and decide where it is alleged that
there is an error in any order, requirement, decision, determination
or interpretation made by the Design Committee or the Code Enforcement
Officer. The challenged action may be modified or reversed by the
Board by a concurring vote of at least four of its members; provided,
however, that the Board shall not substitute its judgment for a determination
by the Design Committee or the Code Enforcement Officer relative to
the appropriateness of existing or proposed exterior characteristics
of a building or premises within the Area. The appealing party shall
have the burden of demonstrating the existence of the alleged error.
(2)
Variance appeals.
(a)
To hear and decide where it is alleged that practical difficulties
or unreasonable hardships in the literal enforcement of this chapter
warrant a variance from the requirements contained herein. A financial
hardship shall not constitute grounds for the granting of a variance.
Before the Board may exercise its discretion and grant a variance
on the basis of alleged practical difficulties, the record must show
that:
[1]
The variance will not adversely affect the objectives of this
chapter.
[2]
The variance is not inconsistent with the intent and purpose
of this chapter.
[3]
A relaxation of the terms of this chapter would not be contrary
to the interests of the public.
[4]
Special site or structural conditions make it impractical or
impossible to carry out certain requirements of this chapter.
[5]
The variance will not alter the essential character of the property
for which it is sought or its neighborhood nor adversely affect the
harmonious relationship of the property to its surrounding environment.
(b)
In addition, in situations in which it is alleged that compliance
with this chapter would constitute an unreasonable hardship, the record
must show that:
[1]
The cost of compliance is unreasonable in comparison to the
overall benefit to the area which would be derived from compliance
with this chapter.
[2]
The alleged hardship includes substantially more than inconvenience
or inability to attain a higher financial return.
[3]
The plight of the applicant is due to unique circumstances arising
out of conditions peculiar to the property in question.
(c)
In the granting of variances due to unreasonable hardship, the
Board shall give due consideration to the potential effect of such
a variance on the rehabilitation efforts of other property owners
within the Area. The Board may grant a variance only by a concurring
vote of at least four of its members and, in so doing, may prescribe
such conditions and safeguards as it deems appropriate for carrying
out the intent and purpose of this chapter.
