(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.
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