(a) Conditions. The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. The conditions may include requirements necessary to insure that public services and facilities affected by a proposed land use or activity will be capable or accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet the following requirements.
(1) Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as whole.
(2) Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.
(3) Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
(4) Conditions imposed with respect to the approval of a variance shall be recorded as part of the ZBA minutes, and shall remain unchanged except upon the mutual consent of the ZBA and the landowner following notice and hearing as required in a new case.
(5) The Board may require performance bonds to ensure compliance with any requirements deemed necessary for approving any variance (see Section 1262.10).
(b) In exercising the powers described in this chapter, the Board may reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Superintendent from whom the appeal is taken.
(Res. 98-529A. Passed 12-21-98; Res. 08-363A. Passed 11-17-08, Eff. 12-3-08.)