Exemptions to zoning regulations.

The commission, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the zoning regulations in harmony with its general purposes and interests and in accordance with general or specific rules adopted by the commission. Anyone wishing to appeal from an existing zoning regulation may file a written petition stating the basis for the appeal, whereupon the commission shall fix a date for such hearing, giving notice as to the commission may seem appropriate, and on such hearing the commission shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the commission or official in the enforcement of this article or any regulation adopted pursuant to this article.

(2) To hear and decide on requests for special exceptions to the term of provisions of the regulations upon which the commission is required to pass.

(3) To authorize upon appeal in special cases a variance from the yard, open space, land use, bulk, and height requirements of the regulation as will not be contrary to the public interest, where, owing to special conditions of the building site or land, a literal enforcement of the provisions of the regulation will result in unnecessary hardship, all in order that the spirit of the regulations shall be observed and substantial justice done.

(Act 2007-401, p. 800, §14; Act 2007-477, p. 998, §14.)