§ 86-17. Application for variance.

A. 

The Zoning Board of Appeals shall have exclusive power to modify or vary § 86-13 of this article upon its determination, in its absolute discretion, that such variance or modification is consistent with the provisions of this article and upon the finding that the application of the provisions of this article to a specific property will cause undue economic hardship, that such hardship is unique to that specific property and that the proposed variance will not conflict with the intent of the law.

B. 

Upon receiving any application for such variance or modification, the Zoning Board of Appeals shall refer such application to the Planning Board for a report of said Planning Board with respect to the effect of the proposed variance or modification on the surrounding community. Such report shall be returned to the Zoning Board of Appeals within 45 days of such reference and shall be placed on the next Zoning Board of Appeals agenda for determination after the expiration of the forty-five-day period or receipt of a report from the Planning Board, whichever is earlier. Failure of the Zoning Board of Appeals or the Planning Board to act within the time set forth herein shall not be deemed an approval of the requested variance or modification.

Editor's Note: See Ch. 331, Zoning.

Editor's Note: This ordinance also provided for the renumbering of former § 86-17, Penalties for offenses, as § 86-18.

Added 5-23-1995 by Ord. No. 130-1995