§ 34-9. General powers.

A. 

The Zoning Board of Adjustment shall have such powers as are granted by law to:

(1) 

Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter.

(2) 

Hear and decide, by majority vote, requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.

(3) 

Grant, by majority vote, a variance from the strict application of the zoning regulations where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, except that if the applicant requires subdivision, site plan or conditional use approval by the Planning Board, the request for a variance under these circumstances shall be acted on by the Planning Board in conjunction with the subdivision, site plan or conditional use application, provided not more than one lot is involved in the variance request. In no case shall a variance be granted under this subsection to allow a structure or use in a district restricted against such structure or use.

(4) 

Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.

B. 

No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.

C. 

Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.