Gainesville › Unified Land Development Code
Article 19 — Historic Preservation, Chapter 19-4 — UNDUE HARDSHIPS
§ 19-4-1
Generally
(a)Where, by reason of unusual circumstances, the strict application of any provision of this Article or other article related to the Historic Preservation Overlay Zone would result in the exceptional practical difficulty or undue hardship upon any owner of a specific designated property, the Historic Preservation Commission has the power to vary strict adherence to the provisions, so as to relieve such difficulty or hardship, provided that such variances or interpretations do not compromise the architectural or historical integrity of the property.
(b)An undue hardship shall not be a situation of the person's own making. An undue hardship may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant or owner, nor to gain any advantage or interest over similarly designated properties.
§ 19-4-2
Initiation
(a)An application for an undue hardship for any property located within a designated district, or for any designated landmark, may be initiated by the Governing Body, Historic Preservation Commission, the owner or an occupant of the property, or some other person(s) given authorization by property owner to file said application. An application for an undue hardship variance shall be accompanied by such documentation as required by Section 19-3-4, or as may be required by the Director or Historic Preservation Commission.
(b)Any applicant wishing to submit an application for an undue hardship must schedule an appointment with the Economic and Community Development Department staff in order to review the application for completeness. No such application shall be accepted for processing by the Director unless it meets the requirements of this Chapter. Incomplete or improper applications will be returned to the applicant. The Director is hereby authorized to establish administrative deadlines for the receipt of applications.
§ 19-4-3
Requirements for Submittal
(a)To initiate an application for undue hardship, an application must be submitted to the Planning Department which shall include at minimum the following:
(1)Application form. A completed application. All applications shall be submitted to the Economic and Community and Development Department on forms provided by the Department.
(2)Fee. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Governing Body.
(3)Written narrative. A written narrative explaining the purpose and intent of the application, detailing the undue hardship. If the undue hardship involves economic reasons, a financial analysis indicating how compliance with the provisions of this Article and other articles related to the Historic Preservation Overlay Zone imposes an undue economic hardship.
(b)The Historic Preservation Commission, in reviewing an application for undue hardship, shall also be authorized to require any additional supporting information necessary to review an application for undue hardship. These may include but are not limited to a boundary survey/plat, architectural renderings, or a concept plan or an as-built survey.
§ 19-4-4
Notice of Public Hearing by the Historic Preservation
Commission Before the Historic Preservation Commission may take final action on an application for undue hardship, the Historic Preservation Commission shall consider the request as a part of the Certificate of Appropriateness filed in accordance with this Chapter 9-19-3.
§ 19-4-5
Historic Preservation Commission Hearing and Action
(a)An undue hardship may be granted in whole or in part, or with conditions, in such an individual case of unnecessary hardship upon a finding by the Historic Preservation Commission that strict compliance with such provision will result in an exceptional practical difficulty or 9hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare, and the need for consistency among all properties similarly designated and of:
(1)A similar historical, environmental and architectural value and significance;
(2)Architectural style, general design and arrangement, texture and material of the architectural features involved; and
(3)The relationship thereof to the exterior architectural style and pertinent features of other structures located in the designated district or upon the designated landmark.
(b)In no case shall an undue hardship variance be granted by the Historic Preservation Commission for a condition created by the applicant, including the result of an unwise investment decision or real estate transaction.
(c)The Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will in its judgement best fulfill the purpose of this Article 9-19.
§ 19-4-6
Effect and Duration of Validity
(a)Approval of an undue hardship on a designated property located within the City shall be in full force and effect upon its approval by the Historic Preservation Commission and shall be effective for a period of 18 months. If no action is taken by the applicant to implement the purpose of the application within 18 months from the date of approval, said approval shall become null and void.
(b)An undue hardship shall be specific to the Certificate of Appropriateness with undue hardship request made by the current applicant or property owner and shall not stay with the property, as is the case for designation.
§ 19-4-7
Appeals
Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of an undue hardship may appeal such determination to Governing Body in accordance with Section 19-3-12.