§ 14-1801. Jurisdiction and Powers. 655

   (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. 656

   (4)   The grant of a special exception, variance, Special Use Permit or certificate in connection with a particular parcel shall not be transferable to another parcel. 657

   (5)   No special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate shall be granted unless the Person who owns the property for which the special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate is sought has provided to the Zoning Board of Adjustment in the application therefor documentation satisfactory to the Zoning Board, verifying that all of the Person's taxes pursuant to Title 19 of this Code are current or are subject to a payment agreement; or produces evidence that denial of the special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate would effect an unconstitutional taking of the property for which it is sought. 658

   The following exceptions shall apply:

      (a)   If the application is made by a tenant non-owner of the property, such tenant shall provide documentation verifying that all of the tenant's such taxes are current or are subject to a payment agreement, and any taxes due on the subject property are not delinquent, and the application may then proceed without further regard to the owner's tax status.

      (b)   If the application is made by a non profit entity, including a for-profit limited partnership whose general partner is owned or controlled by a nonprofit entity, which acquired the subject property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the acquisition, such applicant need provide only documentation verifying that all taxes assessed after its acquisition of the subject property, and all of the applicant's other taxes unrelated to properties so acquired, are current or subject to a payment agreement.

      (c)   If the application is made by a homeowner who acquired the subject property either directly from the City or a public agency, or from a nonprofit entity which previously acquired the property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the date of the homeowner's acquisition, such applicant need provide only documentation verifying that all taxes assessed after his or her acquisition of the subject property, and all of the applicant's other taxes unrelated to properties so acquired, are current or subject to a payment agreement.

      (d)   If the applicant attaches a Purchase and Sale Agreement providing that the sale of the subject property to the applicant is contingent upon approval of the application, together with an authorization for such application by the current owner of the subject property, the Zoning Board of Adjustment may conditionally approve the application if it otherwise meets the criteria for approval, with the proviso that the special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate will be finally approved when the Department of Licenses and Inspections is provided with a copy of the Board's decision and documentation verifying that all of the taxes due on the subject property are paid in full.

 

Notes

655	Amended, 1991 Ordinances, p. 1198.
656	Amended, 1970 Ordinances, p. 515.
657	Added, Bill No. 090191 (approved June 26, 2009).
658	Added, Bill No. 090852-AA (approved June 23, 2010). Section 2 of Bill No. 090852-AA provides: "This Ordinance shall take effect January 1, 2011."