(a) The board of appeals has the power to:(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part; and(2) [Deleted by 2025 amendment.](3) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.
(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part; and
(2) [Deleted by 2025 amendment.]
(3) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.
(b) When issuing a decision of the board of zoning appeals, the board shall inform, in writing, the parties to the proceeding of their right to seek judicial review of the board's decision pursuant to title 27, chapter 9.
(c) (1) A local government may, by ordinance, delegate initial jurisdiction over specified special exceptions, for interpretation of the map, or for decisions upon other special questions upon which the board of appeals is authorized by such ordinance to pass, to the local building commissioner or other administrative official.(2) For matters delegated pursuant to subdivision (c)(1):(A) The board's jurisdiction is appellate only;(B) The local building official or other administrative official shall make the initial ruling based on the criteria set forth in the ordinance; and(C) The delegation ordinance must specify which special exceptions have been delegated to the local building commissioner or other administrative official.(3) The ordinance must include specific and objective standards by which special exceptions are evaluated.(4) A request for a special exception must not be denied on the basis of health, safety, or general welfare, unless those bases are defined in the ordinance.(5) For any request for a special exception, or request for interpretation of the map, the local building commissioner or other administrative official to whom jurisdiction has been delegated must render a decision within one hundred twenty (120) days of submission of a complete application, and the board must render a decision within one hundred twenty (120) days of the filing of an appeal. An applicant may consent to an extension or waive these deadlines. An application is deemed to be approved if the local building commissioner, other administrative official, or board fails to approve, deny, or extend with consent the application within the required time period.
(1) A local government may, by ordinance, delegate initial jurisdiction over specified special exceptions, for interpretation of the map, or for decisions upon other special questions upon which the board of appeals is authorized by such ordinance to pass, to the local building commissioner or other administrative official.
(2) For matters delegated pursuant to subdivision (c)(1):(A) The board's jurisdiction is appellate only;(B) The local building official or other administrative official shall make the initial ruling based on the criteria set forth in the ordinance; and(C) The delegation ordinance must specify which special exceptions have been delegated to the local building commissioner or other administrative official.
(A) The board's jurisdiction is appellate only;
(B) The local building official or other administrative official shall make the initial ruling based on the criteria set forth in the ordinance; and
(C) The delegation ordinance must specify which special exceptions have been delegated to the local building commissioner or other administrative official.
(3) The ordinance must include specific and objective standards by which special exceptions are evaluated.
(4) A request for a special exception must not be denied on the basis of health, safety, or general welfare, unless those bases are defined in the ordinance.
(5) For any request for a special exception, or request for interpretation of the map, the local building commissioner or other administrative official to whom jurisdiction has been delegated must render a decision within one hundred twenty (120) days of submission of a complete application, and the board must render a decision within one hundred twenty (120) days of the filing of an appeal. An applicant may consent to an extension or waive these deadlines. An application is deemed to be approved if the local building commissioner, other administrative official, or board fails to approve, deny, or extend with consent the application within the required time period.