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A. Purpose: The purpose of the Administrative Adjustment procedure is to allow for minor deviations from otherwise applicable UDC development standards without a public hearing.
B. Applicability:
1. The Administrative Adjustments in this Section 7.5.524 are available for consideration during review of a Development Plan or Final Plat for all types of development in all zone districts except the FBZ district unless limited by Subsections 2 through 7 below or by another provision of this UDC. Administrative Adjustments shall not be available for the purpose of reducing a distance requirement for an Affected Party under Section 7.5.415 (Appeals).
2. Administrative Adjustments shall apply in the following situations:
a. The Manager has the authority to authorize adjustments up to fifteen (15) percent from any dimensional standard or numerical requirement set forth in this UDC, including standards or requirements in:
(1) Part 7.4.2 (Dimensional Standards);
(2) Part.7.4.4 (Access and Connectivity);
(3) Part 7.4.10 (Parking and Loading); and
(4) Part 7.4.11 (Building Design and Site Features).
b. If the Manager determines that existing developments do not comply with Part 7.4.2 (Dimensional Standards) in order to preserve the usability of a legal non-conforming development the Manager may approve Administrative Adjustments to the standards in Part 7.4.2 greater than fifteen (15) percent but only up to existing conditions.
c. Except as stated in Subsection b above, any adjustment request greater than fifteen (15) percent shall be treated as a Non-Use Variance that requires approval pursuant to Section 7.5.525.
d. Requests for Administrative Adjustments authorized by Subsections a and b above may be combined into a single request.
3. Adjustments to Part 7.4.9 (Landscaping and Green Space) are subject to requirements specified in Section 7.4.913 (Alternatives and Adjustments).
4. Administrative flexibility in the FBZ district is available only pursuant to Subsection 7.2.307G (Regulatory Incentives).
5. Alternate requirements and procedures for administrative relief may be included as a part of an FBZ regulating plan.
6. An Administrative Adjustment is not available if a similar adjustment or exception to a UDC standard is available to the applicant pursuant to Section 7.4.202 (Incentives), unless the applicant has already provided the benefit required by Subsection 7.4.202C (Additional Allowances for Incentive Developments). Administrative Adjustments are available to supplement, but not to replace or to avoid the need to provide those benefits required in return for additional allowances available under Subsection 7.4.202C (Additional Allowances for Incentive Developments).
7. Applications to modify development approvals and permits after initial approval or approval with conditions are not eligible for Administrative Adjustments but are instead reviewed under Section 7.5.516 (Modification of Approved Applications).
C. General:
1. An Administrative Adjustment shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
2. Each approved Administrative Adjustment and any conditions on the approval shall be indicated on the final associated application.
3. All requested amendments to the originally approved Administrative Adjustment shall be processed in the same manner as the original Administrative Adjustment request.
D. Administrative Adjustment Process:
1. Application: A separate application for an Administrative Adjustment shall be submitted to the Planning Department and shall include a written justification for the type of Adjustment being requested.
2. Public Notice: No public notice for a requested Administrative Adjustment is required unless approval of the underlying application requires public notice, in which case the required public notice shall summarize the type of standard for which an Administrative Adjustment is requested.
3. Decision by Manager: The Manager shall decide whether to approve, approve with conditions, or deny a request for Administrative Adjustment pursuant to the criteria in Subsection E below. If approved or approved with conditions, the approved Adjustments and any conditions shall be noted on the Development Plan or Final Plat.
E. Criteria for Approval:
1. General:
a. If Subsections 2 (Contextual Standards), 3 (Preserving Valuable Trees), or 4 (Subdivision Regulations) below do not apply, the Manager may approve or approve with conditions the requested Administrative Adjustment if the Manager determines that all of the following criteria are met.
(1) The strict application of the regulation in question is unreasonable given the development proposal or the measures proposed by the applicant or that the property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zone district and such conditions will not allow a reasonable use of the property in its current zone in the absence of relief;
(2) The intent of the specific regulation in question is met;
(3) The granting of the Administrative Adjustment will not result in an adverse impact on surrounding properties; and
(4) The granting of the Administrative Adjustment will not allow an increase in the number of dwelling units on a parcel above the permitted density in the zone district.
b. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
2. Contextual Standards:
a. The Manager may use this Subsection 2 to approve or approve with conditions an Administrative Adjustment to the UDC standards for maximum building height and to front, side, street side, and rear setbacks on properties that were developed and within the City on February 13, 1951, or that were already developed but unplatted when the properties were annexed to the City after that date because platting was not required in El Paso County at the time the properties were developed.
b. The average dimensional standard for developed properties of the same type within the block face on which the property is located shall be the minimum contextual standard that can be approved as an Administrative Adjustment. If the Manager determines that the block face on which the property is located is not representative of the surrounding development context, the Manager may extend the calculation to properties on adjacent block faces that the Manager determines are of the same and representative of the same context.
c. The Manager may approve or approve with conditions the requested Administrative Adjustment for contextual standards if the Manager determines that the request will allow infill development to be more closely aligned with the context of surrounding development than if the maximum height or minimum setbacks in the zone district were met.
d. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
3. Preserving Valuable Trees:
a. If the Manager determines that the strict application of parking standards in Part 7.4.10 (Parking and Loading) will cause the removal or destruction of high value or rare trees, the Manager may approve Administrative Adjustment to preserve those trees.
b. Only the standards of Part 7.4.10 (Parking and Loading) may be approved pursuant to this Subsectio n.
c. The Manager may approve or approve with conditions if the Manager determines that tall of the criteria in Subsections E.1 and E.2 above are met, and that all the following additional criteria are also met:
(1) A qualified professional forester has determined that each tree to be preserved is healthy; is eight (8) inches or larger diameter at breast height; is high value or rare, and that necessary measures to ensure continued tree health will be used in site design and construction; and
(2) The Traffic Engineer has determined that the surrounding property will not be adversely affected by the requested Administrative Adjustment.
d. If the Manager finds that the applicant has not met the above criteria, the applicant may request that the application be forwarded to the City Planning Commission as an application for a Non-Use Variance.
4. Subdivision Regulations: If an Administrative Adjustment request for the requirements of Section 7.4.302 (Design Standards) relate to approval or modification of a Final Plat, the provisions of Subsections 1 through 3 above do not apply. Instead the Manager, after consultation with the City Engineer, Public Works Director, Fire Department, and other relevant City officials involved in subdivision review, may approve the request if the Manager determines that the adjustment is the minimum adjustment necessary to respond to terrain, soils, engineering, utility, and access constraints, while conforming with the purposes of Subsection 7.4.301A (Subdivision Standards Purpose) and complying with other applicable standards in this UDC to the maximum extent feasible.
F. Post-Approval Actions and Limitations:
1. Each approved Administrative Adjustment and any conditions on the approval shall be indicated on the final associated application.
2. An approved Administrative Adjustment shall run with the land, shall have the same period of validity and shall be subject to expiration on the same terms as the final associated application.
3. All requested amendments to the originally approved Administrative Adjustment shall be processed in the same manner as the original Administrative Adjustment request. (Ord. 23-03)
A. Purpose: The Development Standards Adjustment process provides a mechanism for the Planning Commission to authorize deviations from certain development standards in Article 7.4 (Development Standards and Incentives), allowing development to occur in a manner that meets the intent of this Code, yet through an alternative design that does not strictly comply with the Code's standards. This Section authorizes a site-specific development alternative that is equal to or better than the strict application of the standards of this UDC.
B. Applicability: The Planning Commission shall have the authority to authorize adjustments to standards in the following Sections of this UDC pursuant to this Section 7.5.525:
1. Part 7.4.2 (Dimensional Standards);
2. Part 7.4.10 (Parking and Loading); and
3. Part 7.4.11 (Building Design and Site Features).
C. General: A Development Standards Adjustment shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
D. Development Standards Adjustment Process:
1. Application:
a. A separate application for a Development Standards Adjustment shall be submitted to the Planning Department and shall include a written justification for the type of Development Standards Adjustment being requested.
b. Each approved Development Standards Adjustment shall be indicated on the final associated application if required.
2. Decision by Planning Commission: The Planning Commission shall decide whether to approve, approve with conditions, or deny a request for a Development Standards Adjustment pursuant to the criteria in Section 7.5.416 (Appeals). Conditions may include entering into an agreement that specifies how the applicant will provide the compensating benefits. If approved or approved with conditions, the approved Development Standards Adjustment and any conditions shall be noted on the Development Plan or Final Plat.
E. Criteria for Approval: The Planning Commission may approve or approve with conditions a Development Standards Adjustment if the Planning Commission determines that the proposed alternative design meets the following criteria:
1. The alternative design achieves the intent of the subject standard to the same or better degree than the standard for which a waiver is requested;
2. When considered together with compensating benefits, the alternative design advances the goals and policies of this UDC to the same or better degree than the standard for which a waiver is requested;
3. The alternative design imposes no greater impacts on adjacent properties that would occur through compliance with the specific requirements of this UDC; and
4. The alternative design provides compensating benefits that are reasonably related to the proposed waiver and would not otherwise be required by this UDC or State law. Compensating benefits may include one or a combination of the following:
a. Benefits to the general public:
(1) Parks, trails, or other similar public or cultural facilities;
(2) Public landscape buffers or beautification areas;
(3) Public art;
(4) Permanent conservation of natural areas or lands;
(5) Increased building setbacks;
(6) Decreased building height; or
(7) Other benefits as agreed upon by the Planning Commission.
b. Benefits the users, customers, or residents of the proposed development:
(1) Green space or public open space, trails, or other similar recreational amenities;
(2) Upgrades in architectural design;
(3) Increased landscaping;
(4) Increased buffering;
(5) Permanent conservation of natural areas or lands;
(6) Secure bicycle facilities, where appropriate; or
(7) Other benefits as agreed upon by the Planning Commission or City Council.
F. Post-Approval Actions and Limitations:
1. Each approved Development Standards Adjustment and any conditions on the approval shall be indicated on the final associated application.
2. All requested amendments to the originally approved Development Standards Adjustment shall be processed in the same manner as the original Waiver request.
3. The Manager shall negotiate any agreement required as a condition of approval. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide for Planning Commission review of applications for variations from the provisions of Article 7.4 (Development Standards and Incentives) submitted in conjunction with an application for a Development Plan, so that the variance request may be reviewed and a decision made in conjunction with the accompanying application.
B. Applicability: This Section applies to a request that is not related to the type of use and deviates over fifteen (15) percent from any dimensional standard or numerical requirement set forth in this UDC.
C. General:
1. A Non-Use Variance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
2. Each approved Non-Use Variance and any conditions on the approval shall be indicated on the final associated application.
3. All requested amendments to the originally approved Non-Use Variance shall be processed in the same manner as the original Non-Use Variance request.
D. Non-Use Variance Process: The Planning Commission shall review the Non-Use Variance application at a public hearing and approve, approve with conditions, or deny the application based on the criteria in Subsection E below:
E. Criteria for Approval: A Non-Use Variance may be approved if the Planning Commission determines that:
1. The application complies with any standards for the use in Part 7.3.3 (Use-Specific Standards);
2. The property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zone district;
3. That the extraordinary or exceptional physical condition of the property will not allow a reasonable use of the property in its current zone in the absence of relief;
4. That the granting of the Non-Use Variance will not have an adverse impact upon surrounding properties; and
F. Post-Approval Actions and Limitations:
1. Each approved Non-Use Variance and any conditions on the approval shall be indicated on the final associated application.
2. All requested amendments to the originally approved Non-Use Variance shall be processed in the same manner as the original Non-Use Variance request.
3. A Non-Use Variance approved with a Development Plan shall run concurrently with that approval, shall expire, and shall terminate at the same time as the Development Plan.
4. In the event buildings with an approved Non-Use Variance on an approved Development Plan are damaged or destroyed by fire or other natural causes, the buildings may be rebuilt according to the approved Development Plan on file with the City. All necessary Building Permits must be obtained within four (4) years of the date of destruction, unless an extension has been approved by the Manager due to extraordinary circumstances. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide for City Council review of applications for variations from the permitted uses of any zoning district as outlined in this UDC. The granting of a Use Variance from the requirements of this UDC may be authorized when an unnecessary hardship would result from the strict enforcement of established regulations.
B. Applicability:
1. This Section applies to all requests for approval of a use of land or a structure that is not listed in Part 7.3.2 (Allowed Use Tables) as a Permitted or Conditional Use in the base and any applicable overlay zone district(s) where the property is located.
2. A Use Variance is not available for:
a. Properties that have been subject to a rezoning request at any time in the past eighteen (18) months.
b. New construction or development on unimproved property.
c. A use of a higher intensity and less restriction than what is permitted in the established zone district of the subject property.
C. General:
1. All requested amendments to the originally approved Use Variance shall be processed in the same manner as the original Use Variance request.
2. A Use Variance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
D. Use Variance Process:
1. Planning Commission Recommendation: The Planning Commission shall review the application at a public hearing and shall forward its recommendation to City Council based on the approval criteria in Subsection E below. The Planning Commission may recommend approval, approval with conditions, denial, or may decide not to make a recommendation on the proposed amendment.
2. City Council Decision: The City Council shall review the application and the recommendation from the Planning Commission at a public hearing and make a decision based on the approval criteria in Subsection E below.
E. Criteria for Approval: The City Council may approve the application or approve it with conditions if Council finds that the following criteria have been met;
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the Use Variance would result in undue property loss and not solely a mere inconvenience or financial disadvantage;
2. That the Use Variance is necessary for the preservation and enjoyment of a property right of the and if not approved, the property or structure cannot yield any beneficial use;
3. That the Use Variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property;
4. That the hardship is not the result of the applicant's own actions;
5. That because of these conditions, the application of the UDC prohibition on the requested use on the subject property would effectively prohibit or unreasonably restrict the use of the property; and
6. That the Use Variance is not being requested primarily to avoid the time or expense of complying with UDC standards generally applicable to similar properties and development.
F. Post-Approval Actions and Limitations:
1. Each approved Use Variance and any conditions on the approval shall be indicated on the final associated application.
2. Any change to the approved Use Variance shall be processed as a Major Amendment and will be decided upon by the City Council. (Ord. 23-03)
OTHER PROCEDURES
A. Purpose: The purpose of this Section is to regulate the approval of construction related to, alterations to, demolitions of, and relocations of structures in the HP-O district.
B. Applicability: This Section applies to all structures in the HP-O district.
C. Construction, Alteration, Demolition, or Relocation Approval Process:
1. Deferral of Building Permit by Regional Building Official: When the Building Official receives an application for any of the following actions related to a historic resource designated by City Council, and the proposed work would be visible from a public right-of-way, the Building Official shall defer action on the application except as provided in Subsection 5 below until the application is accompanied by a report of acceptability from the Historic Preservation Board:
a. Alteration or reconstruction of or addition to the exterior of any structure including signs, or improvement that is within the HP-O district for which a Building Permit is required.
b. Demolition or relocation of any structure including signs or improvement or object to or from the HP-O district for which a permit is required.
c. Construction or erection of or addition to any structure including signs or improvement upon any land that is within a HP-O district for which a permit is required.
2. Report of Acceptability and Related Decisions:
a. Major and Minor Work: As used in this Section 7.5.528, minor work includes any work that will not alter any distinctive feature or any improvement of the historic structure, and major work includes any work that will alter any distinctive feature or any improvement of the historic structure.
b. Major Work:
(1) If the initial application or later review by the minor work committee shows that the proposed work is major work, the report of acceptability shall be acted upon by the Historic Preservation Board within twenty-eight (28) days after its receipt.
(2) If upon receipt of an application for a report of acceptability, the Historic Preservation Board finds that the proposed work is of a nature that will not erode the authenticity of or destroy any distinctive exterior feature of the structure or improvement and is compatible with both the distinctive characteristics of the HP-O district and with the spirit and purpose of this UDC, the Board shall so advise the applicant in writing by issuing a report of acceptability and shall affix its seal to the plans and specifications for the approved work.
(3) In determining the decision to be made concerning the issuance of a report of acceptability, the Board shall consider the following:
(a) The effect of the proposed work upon the general historical and architectural character of the HP-O district;
(b) The architectural style, arrangement, texture, and materials of existing and proposed structures, and their relation to the structures in the HP-O district;
(c) The effects of the proposed work in creating, changing, or destroying the exterior architectural features of the structure upon which such work is to be done;
(d) The effect of the proposed work upon the protection, enhancement, perpetuation, and use of the HP-O district; and
(e) Evaluation of City Council approved Design Standards.
c. Minor Work:
(1) To obtain a report of acceptability for minor work, the applicant shall submit with the Building Permit application such documentation as determined necessary by the Manager.
(2) If the Historic Preservation Board finds that the proposed work is of a nature that will not erode the authenticity of or destroy any distinctive exterior feature of the structure of improvement and is compatible with both the distinctive characteristics of the historic preservation overlay zone and with the spirit and purpose of this UDC, the Manager shall so advise the applicant in writing by issuing a report of acceptability.
d. Building Official Action Following Deferral
(1) Upon receipt of the report of acceptability and plans and specifications, the Building Official may proceed with the review of the application for a Building Permit.
(2) No change that would defeat the purpose of this UDC shall be made in an application for a Building Permit or the plans and specifications for the proposed work approved by the Historic Preservation Board without resubmittal to the Board and approval of such changes in the same manner as the original application.
e. Unacceptable Work on Property that is Not Nationally Designated:
(1) If no part of the property that is the subject of the application is listed on the National Register of Historic Places, and the proposed work is not found acceptable, the Historic Preservation Board shall explore with the applicant all means for substantially preserving the improvement that would have been affected by the required permit.
(2) If the Historic Preservation Board and applicant, after a period of ninety (90) days from the receipt of the application by the Board are unable to develop either alternative plans or an appropriate public or private use for the structure, the Board shall document the reasons for the inability of the Board and applicant to agree, and the applicant may obtain the appropriate permit from the Building Official to complete the actions included in the application in compliance this UDC and all other City codes and regulations.
(3) The investigations by the Historic Board with the applicant under this Section may include but are not limited to:
(a) The feasibility of modification of the plans reflected in the application;
(b) The feasibility of any alternative private use of the structure or structures that would substantially preserve the original character thereof; and
(c) The possibility of public acquisition of the structure or structures involved for a public purpose.
f. Unacceptable Work on Property in the National Register of Historic Places
(1) If any part of the property that is the subject of the application is listed on the National Register of Historic Places, and the proposed work is not found acceptable, the Historic Preservation Board shall explore with the applicant all means for substantially preserving the improvement that would have been affected by the required permit.
(2) Except as provided in this Section 7.5.528, no demolition or alteration of property listed in the National Register of Historic Places shall be permitted unless the Board first finds that an unreasonable economic or noneconomic hardship will result to the owner if not allowed to demolish or otherwise alter the property.
(3) If the proposed work to construct, modify, or relocate a National Register property is not approved by the Historic Preservation Board, the applicant shall be so advised and no Building Permit shall be issued unless a certificate of hardship has been issued pursuant to Subsection 3 below.
(4) No reapplication shall be submitted pursuant to this Subsection f based on the plans and specifications found unacceptable by the Historic Preservation Board except upon a showing of changed circumstances sufficient to justify the reapplication, as determined by the Board.
3. Determination of Economic Hardship: If the Historic Preservation Board denies an application for a report of acceptability, it may, upon application or on its own motion, consider issuing a certificate of economic hardship.
a. Economic Hardship Procedure:
(1) The Historic Preservation Board may initiate consideration of economic hardship on its own motion, or the applicant may submit the application for consideration of economic hardship to the Secretary of the Board within ten (10) days of the Board's decision denying approval of the application for acceptability.
(2) Upon application or motion for a certificate of economic hardship, the Board shall schedule a public hearing on that application or motion. The public hearing shall be scheduled for the next regular meeting of the Board or may be scheduled as a special meeting of the Board. The hearing shall be noticed to the public as an item on the Board's agenda.
(3) The Board shall determine who may present evidence or testimony during the hearing. The hearing may be continued provided that, prior to the adjournment or recess of the Board meeting, a clear announcement is made by the Board specifying the date, time, and place at which the hearing will be continued.
(4) The Board may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions of information before rendering its decision.
(5) Any action of the Board approving or denying an application or motion for economic hardship shall be made in open session by a majority vote with at least four (4) Board members present during the vote. The Board's decision to approve or deny shall set forth the Board's findings of fact and, in the event of approval, shall include any special conditions of approval considered by the Board to be necessary to mitigate impacts upon and protect the intent and spirit of this UDC as it relates to the HP-O district.
b. Board Actions Related to Economic Hardship: The Historic Preservation Board shall review all of the evidence and information required of an applicant for a certificate of economic hardship and if the Board finds that without approval of the proposed work the property owner cannot obtain any reasonable economic return, not just profit, on the property, the Board shall:
(1) Make a finding that denial of approval of the proposed work would impose an economic hardship on the property owner; and
(2) Immediately issue a certificate of economic hardship and proceed pursuant to this Subsection 3; or
(3) At its discretion, postpone the issuance of the certificate of economic hardship, provided that:
(a) The postponement period shall not exceed thirty (30) days unless otherwise agreed to by the applicant. During the postponement period, the Historic Preservation Board shall investigate plans and make recommendations to the City Council to allow the property owner a reasonable economic return from the property, or to otherwise preserve the subject property. Such plans and recommendations may include but are not limited to a relaxation of the provisions of this Section 7.5.528, financial assistance, Building Code modifications, and/or changes in zoning regulations.
(b) The Board may request an extension of the postponement period by the City Council. If the City Council determines that there is a program or project underway that could result in public or private acquisition of the building or structure and the preservation or restoration of such building or structure, and that there are reasonable grounds to believe that the program or project may be successful, the Council may extend the postponement period for an additional period for a total postponement period of not more than ninety (90) days from the date of application for a regulated permit.
(c) The Board shall issue a certificate of economic hardship authorizing the work or demolition if, at the end of the postponement period:
(i) The Historic Preservation Board finds that, after review of all of the alternatives, without authorization of the proposed work or demolition, the property owner still cannot obtain any reasonable economic return from the property;
(ii) The applicant has not withdrawn its application for a Building Permit; and
(iii) The applicant otherwise complies with this UDC and other City codes and regulations.
(d) If the Historic Preservation Board does not find that all three (3) of the conditions in Subsection (c) above have been met, it shall deny the application or motion for a certificate of economic hardship.
4. Determination of Noneconomic Hardship: As an alternative to the Determination of Economic Hardship described in Subsection 3 above, if the Historic Preservation Board denies an application for a report of acceptability submitted by an applicant acting in a religious, charitable or otherwise not for profit tax exempt capacity, it may, upon application or on its own motion, consider issuing a certificate of noneconomic hardship.
a. Noneconomic Hardship Procedure:
(1) The Historic Preservation Board may initiate consideration of economic hardship on its own motion, or the applicant may submit the application for consideration of economic hardship to the Secretary of the Board within ten (10) days of the Board's decision denying approval of the application for acceptability.
(2) Upon application or motion for a certificate of noneconomic hardship, the Board shall schedule a public hearing on that application or motion. The public hearing shall be scheduled for the next regular meeting of the Board or may be scheduled as a special meeting of the Board. The hearing shall be noticed to the public as an item on the Board's agenda.
(3) The Board shall determine who may present evidence or testimony during the hearing. The hearing may be continued provided that, prior to the adjournment or recess of the Board meeting, a clear announcement is made by the Board specifying the date, time, and place at which the hearing will be continued.
(4) The Board may solicit expert testimony or require that the applicant for a certificate of noneconomic hardship make submissions of information before rendering its decision.
(5) Any action of the Historic Preservation Board approving or denying an application or motion for noneconomic hardship shall be made in open session by a majority vote with at least four (4) Board members present during the vote. The Board's decision to approve or deny shall set forth the Board's findings of fact and, in the event of approval, shall include any special conditions of approval considered by the Board to be necessary to mitigate impacts upon and protect the intent and spirit of this UDC as it relates to the HP-O district.
b. Board Actions Related to Noneconomic Hardship: The Historic Preservation Board shall review all of the evidence and information required of an applicant for a certificate of noneconomic hardship and if the Board finds that without approval of the proposed work the property is either substantially inadequate for the owner's legitimate needs, or either physically and/or financially prevents or seriously interferes with the owner's religious, charitable or otherwise not for profit purpose, the Board shall:
(1) Make a finding that denial of approval of the proposed work would impose a noneconomic hardship on the property owner; and
(2) Immediately issue a certificate of noneconomic hardship and proceed as in this Subsection 4; or
(3) At its discretion, postpone the issuance of the certificate of noneconomic hardship, provided that:
(a) The postponement period shall not exceed thirty (30) days unless otherwise agreed to by the applicant. During the postponement period, the Historic Preservation Board shall investigate plans and make recommendations to the City Council to render the property adequate for the owner's legitimate needs, or remove serious physical or financial interference with the owner's religious, charitable, or otherwise not for profit purpose, or to otherwise preserve the subject property. Such plans and recommendations may include but are not limited to a relaxation of the provisions of this Section 7.5.528, financial assistance, Building Code modifications, and/or changes in zoning regulations.
(b) The Historic Preservation Board may request an extension of the postponement period by the City Council. If the City Council determines that there is a program or project under way that could result in public or private acquisition of the building or structure and the preservation or restoration of such building or structure, and that there are reasonable grounds to believe that the program or project may be successful, the Council may extend the postponement period for an additional period for a total postponement period of not more than ninety (90) days from the date of application for a regulated permit.
(c) The Board shall issue a certificate of noneconomic hardship authorizing the work or demolition if, at the end of the postponement period:
(i) The Historic Preservation Board finds that, after review of all of the alternatives, without authorization of the proposed work or demolition, the property owner still cannot adequately use the property for legitimate needs, or is either physically and/or financially prevented or seriously hindered from advancing religious, charitable or otherwise not for profit purposes;
(ii) The applicant has not withdrawn its application for a Building Permit; and
(iii) The applicant otherwise complies with this UDC and other City codes and regulations;
(d) If the Historic Preservation Board does not find that all three (3) of the conditions in Subsection (c) above are met, it shall deny the application or motion for a certificate of noneconomic hardship.
5. Remedying of Dangerous Conditions:
a. If the Building Official, Fire Department, or any other public authority having the power to do so orders or directs the construction, reconstruction, alteration, repair, relocation, or demolition of any structure in the HP-O district for the purpose of remedying conditions determined by that official, department, or authority to be imminently dangerous to life, health, or property, nothing contained in this UDC shall be construed as making it unlawful for any person to comply with such order.
b. Any such official, department, or authority shall take immediate steps to notify the Historic Preservation Board of the issuance of any such order or directive and may include in such order or directive any timely received requirements or recommendations of the Board.
6. Waiver of Conditions: Upon a showing of substantial hardship or to protect against an arbitrary result, or both, the Historic Preservation Board may waive such conditions and requirements as are set forth in this UDC, provided that the spirit and purpose of this UDC are not significantly eroded.
7. Limitation on Similar Application:
a. Whenever a request for a report of acceptability, determination of economic hardship, or determination of noneconomic hardship has been finally denied by the Historic Preservation Board, no further application shall be made for a report of acceptability, economic hardship, or noneconomic hardship affecting the same property, or a part thereof, for a period of twelve (12) months from the date of the final action of denial.
b. A property owner may apply to the Historic Preservation Board for an exception to this limitation by specifying and showing that, due to a change of circumstances and the existing condition of the property, a request for a report of acceptability, determination of economic hardship, or determination of noneconomic hardship is substantially different from the previous application.
8. Normal Maintenance and Repair: Nothing in this UDC shall be construed to prohibit the accomplishment of any work on a structure in the HP-O district that will neither change the exterior appearance nor the exterior architectural features of improvements or structures, nor the character or appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair.
9. Notification of State or National Designation: The Manager shall promptly notify the Historic Preservation Board of any known National or State designations of landmark structures or landmark districts within the City. (Ord. 23-03)
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