The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Zoning Board of Appeals that is conferred by law:
A. Interpretation. To determine on appeal from an order, requirement, decision or determination made by an administrative official or, on a request by any official board or agency of the Town, any of the following matters:
(1) The meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.
(2) The exact location of any district boundary shown on the Zoning Map.
B. Variances.
(1) To authorize, upon appeal of a decision of the Building and Code Enforcement Officer and the Chairman of the Planning Board, such variances from the terms of this chapter as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are unnecessary hardships or practical difficulties in the way of carrying out of the strict letter of this chapter, subject to terms and conditions to be fixed by the Zoning Board of Appeals; provided, however, that no such variance shall be granted unless the Zoning Board of Appeals finds:
(a) That there are special circumstances or conditions fully described in the findings of the Board applying to the land or building for which the variance is sought, which circumstances or conditions are unique to such land or building and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the appellant or applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not.
(b) That for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the appellant or applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building and that the variance which is granted by the Board is the minimum variance that will accomplish this purpose.
(c) That the granting of the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) Where the Zoning Board of Appeals grants a use variance for a use permitted in another district, the area standards shall be that of the district in which the use is permitted. In granting any variance, the Zoning Board of Appeals shall prescribe any appropriate safeguards and conditions applying thereto that it may deem to be necessary or desirable in the public interest, and such determination shall be recorded on the building permit or the certificate of occupancy, as the case may be, issued pursuant to such variance.
C. Recommend zoning amendments. To call to the attention of the Planning Board conditions where the Zoning Board of Appeals finds the zoning classification of a particular property is conducive to the deprivation of the reasonable use of the land or buildings by the owners thereof and where the Zoning Board of Appeals deems the same condition to apply generally to other land or buildings in the same neighborhood or district.
D. Special permits. To grant special permits for uses where required in Article
IV or in any other case as set forth in this chapter where the Zoning Board of Appeals finds that the proposed use complies with the following:
(1) General standards.
(a) Each special permit use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the district in which the property concerned is situated and will not be detrimental to the orderly development of adjacent districts.
(b) Each special permit use sought in a residence district shall be so located on the lot involved that it shall not impair the use, enjoyment and value of adjacent residential properties.
(c) The nature and intensity of a special permit use sought in a residence district and the traffic generated by it shall not be hazardous or detrimental to the prevailing residential character of the neighborhood.
(d) Each special permit use in a business district shall be harmonious with the district in which its location is sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display of signs, noise, fumes or lights that will hinder normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.
(2) Further conditions. Upon finding that such general standards and any specific standards otherwise set forth in Article
IV and the district regulations of this chapter have been fully met, the Zoning Board of Appeals (ZBA) may grant such special permit and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of said standards. The ZBA may deny any application for a special permit which, in its judgment, is not in accordance with said general or special standards. The ZBA may require as a condition of the granting of any special permit that it shall be periodically renewed, or the ZBA may grant a temporary special permit, subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by the ZBA, provided that any such renewal of extension shall be subject to the same procedure as specified herein for the original granting of the special permit involved and in conformity with the aforesaid general and special standards.
(3) Preexisting uses deemed to be conforming. Any lawful use existing at the time of the effective date of this chapter or any amendment thereof which, if newly created under this chapter, would require a special permit in the district in which it is situated may be continued and shall be deemed to be a conforming use, but any modification, change or extension thereof shall be subject to the granting of a special permit as provided in this chapter.