1105.07 APPEALS BOARD.

   (a)    Authority: The Appeals Board shall be constituted and carry out its duties and responsibilities as prescribed in this UDO and in accordance with the City of Eaton Charter.

   (b)   Duties and Responsibilities:  

      (1)   Administrative appeals: The Appeals Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official or City Engineer in the administration and enforcement of the provisions of this UDO;

      (2)   Variances: The Appeals Board may authorize, upon appeal, by reasons of exceptional narrowness, narrowness, shape, topographic conditions or other extraordinary situation or condition of a lot, a variance from strict application of the provisions of this UDO, to relieve exceptional difficulties or undue hardship, provided that such relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this UDO;

      (3)   Changes in Nonconforming Uses: The Appeals Board may authorize the reasonable extension of a nonconforming use or the substitution of a nonconforming use of a building or land with a similar use, when such extension or substitution will not be detrimental to the neighborhood; and

      (4)   Interpretation of zoning text and map(s): The Appeals Board has the power to decide any question involving the interpretation of the text and Map(s) of this UDO, including determinations of similar uses for uses not specifically mentioned in this UDO.

         (Ord. 05-13. Passed 11-7-05.)

      (5)   Appeals from the Historic Review Board: The Appeals Board shall hear appeals of applicants for Certificates of Appropriateness to determine the reasonableness of decisions made by the Historic Review Board.

         (Ord. 08-08. Passed 8-18-08.)

   (c)   Decision of Board: The Appeals Board may by super-majority vote and in conformity with this section, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end may have all powers of the officer from whom the appeal is taken.
(Ord. 05-13. Passed 11-7-05.)