The Zoning Board of Appeals shall have the power
to grant use and area variances, including imposing conditions in
accordance with state law.
A variance granted by the Zoning Board of Appeals pursuant to Article VII shall be deemed to have expired unless:
A.
The lot or land, where no building or structure is
involved, shall have been put into use within 12 months after the
date of issue of such variance, for the purpose for which such permit
was granted.
B.
The building or structure for which such variance
was granted shall have been actually begun within 12 months after
the date of issue of such permit.
C.
The entire building or structure for which such variance
was granted shall have been completed according to filed plans within
three years after the date of such permit.
A.
The Zoning Board of Appeals may reasonably extend the period of time beyond those provided for in § 275-46 at the time of its decision on the variance. Such an extension shall be made only upon a showing by the applicant that the time periods provided for in § 275-46 would not reasonably allow for the commencement or completion of the development for which the variance is sought, and provided that such an extension would not cause a detriment to the character of the neighborhood and the health and safety of the community.
B.
The Zoning Board of Appeals may also grant an extension
of time for the commencement of construction for a building or structure
for which a variance was previously granted, following the original
granting of such variance, provided that the variance has not already
expired. Such extension shall only be granted upon a showing by the
applicant that the circumstances and conditions upon which the variance
was originally granted have not substantially changed.
C.
In the event that a permit for a variance has expired,
the applicant shall be required to make a new application to the Zoning
Board of Appeals for renewal of the variance permit, in accordance
with the procedures contained within this article.
