The Board of Adjustment shall have the following powers:
A. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the administration or enforcement of this chapter.
B. To hear and decide applications for special exceptions upon which
the Board of Adjustment is specifically authorized to pass under this
chapter.
C. Variances.
(1) To authorize in specific case such variances from any zoning ordinance,
code or regulation, unless prohibited by the Town Charter, that will
not be contrary to the public interest, where, owing to special conditions
or exceptional situations, a literal interpretation of any zoning
ordinance, code or regulation will result in unnecessary hardship
or exceptional practical difficulties to the owner of property so
that the spirit of the ordinance, code or regulation shall be observed
and substantial justice done, provided such release may be granted
without substantial detriment to the public good and without substantially
impairing the intent and purpose of any zoning ordinance, code regulation
or map.
(2) In exercising the powers provided in Subsection
C(1) of this section, the Board of Adjustment may, in conformity with this article, revise or affirm, wholly or partly, or may 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 shall have all the powers of the officer from whom the appeal is taken.
D. To hear and decide applications for interpretation of the Official
Zoning Map where there is any uncertainty as to the location of a
district boundary.
E. To hear and decide applications for modification of off-street parking requirements pursuant to §
185-36I.
Where, in these regulations, special exceptions are permitted,
provided they are approved by the Board of Adjustment, and where the
Board of Adjustment is authorized to decide appeals or approve certain
uses, and where the Board of Adjustment is authorized to approve variances,
such approval, decision, or authorization shall be limited by such
conditions as the case may require, including the imposition of any
of the following specifications:
A. No outside signs or advertising structure except professional or
directional signs.
B. Limitation of signs as to size, type, color, location or illuminations.
C. Amount, direction, and location of outdoor lighting.
D. Amount and location of off-street parking and loading space.
F. Gable roof or other type.
G. Construction and materials.
H. Connected or disconnected with other buildings.
I. Exits or entrances, doors, and windows.
J. Paving, shrubbery, landscaping, or ornamental or screening fences,
walls or hedges.
K. Time of day or night for operating.
N. Control or elimination of smoke, dust, gas, noise, or vibration caused
by operations, or such other conditions as the Board of Adjustment
may specify.
O. Implementation of architectural standards.
P. Streetscaping as deemed appropriate, including a mixture of materials,
patterns and styles.
Q. Such other conditions as are necessary.
After the Board of Adjustment has approved a special exception
or granted a variance, the special exception or variance so approved
or granted shall lapse after the expiration of one year unless construction
is completed or the use has taken place in accordance with the plans
for which such special exception or variance was granted, or if the
Board of Adjustment does not specify some longer period than one year
for good cause shown, and the provisions of these regulations shall
thereafter govern.
The procedure for amendment of a special exception or variance
already approved, or a request for a change of conditions attached
to an approval, shall be the same as for a new application, except
that where the Town Building Code Official determines the change to
be minor relative to the original approval, he may transmit the same
to the Board of Adjustment with the original record without requiring
that a new application be filed.
Appeals to courts from a decision of the Board of Adjustment
may be filed in the manner prescribed by law.