§14-1801. Jurisdiction and Powers. [376]


(1) The Zoning Board of Adjustment may, after public notice and public hearing:

(a) hear and decide appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by the Department under this Title;

(b) hear and decide special exceptions to the provisions of this Title;

(c) authorize, upon appeal, in specific cases, such variance from the terms of this Title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship, and so that the spirit of this Title shall be observed and substantial justice done, subject to such terms and conditions as the Board may decide;

(d) grant Special Use Permits required under this Title;

(e) issue Zoning Board of Adjustment certificates required under this Title; and,

(f) hear and decide appeals in any matter where it has been given special jurisdiction by any ordinance or Act of Assembly.

(2) In the exercise of its powers, the Zoning Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from; and may make such requirement, decision or order, with or without conditions, as ought to be made; and, to that end, it shall have all the powers of the agency from which the appeal is taken.

(3) Temporary Use Certificates. A temporary use which will not be adverse to the public health and welfare may be permitted for a period of not more than one month upon the prior approval of the Zoning Board of Adjustment. Any such commercial use may be permitted in a residential district located in a certified redevelopment area for a period of one year and no longer than three years and any other such use in a commercial or industrial district for a longer period, not exceeding five years, after the public hearing by the Zoning Board of Adjustment; provided, however, that no structural additions may be made during said period, nor shall any further extensions be made of said five-year period.[377]