The Zoning Board of Appeals shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed variance. Such conditions shall
be consistent with the spirit and intent of the chapter and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community, and may be placed on use
or area variances.
A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Zoning Board
of Appeals not previously reheard may be made by any member of the
Zoning Board of Appeals. A unanimous vote of all members of the Zoning
Board of Appeals then present is required for such rehearing to occur.
Such rehearing is subject to the same notice provisions as an original
hearing. Upon such rehearing the Zoning Board of Appeals may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Zoning
Board of Appeals finds that the rights of persons acting in good faith
in reliance upon the reheard order, decision or determination will
not be prejudiced thereby.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the administrative official charged with the
enforcement of this chapter, from whom the appeal is taken, certifies
to the Zoning Board of Appeals, after the notice of appeal is filed,
that, by reason of facts stated in the certificate, a stay would,
in his or her opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed other than by a restraining
order which may be granted by the Zoning Board of Appeals or by a
court with jurisdiction on application, with notice to the administrative
official from whom the appeal is taken, and for due cause shown.
Unless otherwise specified by the Zoning Board of Appeals and
without any further hearing by the Zoning Board of Appeals, a decision
on any appeal, including the granting of area and use variances, shall
automatically lapse and expire if the applicant fails to exercise
the variance, fails to obtain any necessary building permits, or if
the use is discontinued within one year of the date on which the decision
is filed. Prior to such expiration, an applicant may seek a one-year
extension of the variance from the Zoning Board of Appeals, who shall
grant such extension if, in consultation with the Code Enforcement
Officer, there have been no material changes in the circumstances
surrounding the application.