Sec. 18-283. - Powers of the board.
The board of adjustment shall have the following powers:
(1) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning enforcement official in the enforcement of this article.
(2) Special exceptions. To hear and decide only such exceptions as the board of adjustment is specifically authorized to pass on by this article.
(3) Variances. To authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. A variance from the terms of this article shall not be granted by the board of adjustment unless and until it shall make the following findings:
a. That unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
b. That the hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
c. That the hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
d. That the requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
Variances from any of the watershed protection provisions set forth in section 18-109(b)(15) may be granted by the board of adjustment only in accordance with the provisions of section 18-109(b)(15)g.
(4) Construction. Upon granting of any favorable decision, special exception or variance resulting in the issuance of a certificate of zoning compliance, the permit must be obtained, and construction begun within 180 days of the date of the board of adjustment hearing, after which the decision of the board shall be null and void.
(Code 2002, § 18-275; Ord. of 1-5-1993, art. XI, § 5)
