§ 184-125. Variances.

A. 

General. The Board may in appropriate circumstances grant relief from the literal provisions of the zoning regulations in accordance with the powers of the Board set forth in Article III and in accordance with the procedures set forth in Article VIII.

B. 

Expiration of variances. Any variance from the zoning regulations shall expire by limitation unless the construction, alteration or use, as applicable, permitted by the variance shall have been actually commenced within 12 months of the date of memorialization of approval of the variance; provided, however, that the running of the period of limitation herein provided shall be tolled in the case of legal action as provided in § 184-68. Notwithstanding the foregoing, any variance hereafter granted in connection with a subdivision or site plan application shall not expire as provided above, but shall expire in the same manner as the subdivision or site plan approval, as applicable, as set forth in Article IX.

C. 

Time period for approvals granted for preexisting conditions. Any approval granted for a preexisting condition shall not expire by limitation after 12 months as is provided elsewhere for variances granted for a condition not preexisting, but instead shall continue in full force and effect thereafter until a new application is received, different from the one received for which the approvals were granted.

Amended 12-9-2008 by Ord. No. 08-16R