[Amended ATM 5-8-1990 by Art. 21]
The Board of Appeals shall have the authority to grant variances from the provisions of this chapter; provided, however, that the Board of Appeals shall not grant a use variance. In order to grant such a variance, the Board of Appeals must, after public hearing held within 65 days after filing of an application, specifically find that circumstances relating to soil conditions, topography or the shape of the land or structures which especially affect the particular land or structure, but do not generally affect the zoning district in which it is located, are such that a literal enforcement of the terms of this chapter would involve substantial hardship, financial or otherwise, to the applicant for the variance and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this chapter. The Board of Appeals may impose conditions, safeguards and limitations, both of time and of use, including the conditions on the continued existence of particular structures, but excluding any condition, safeguard or limitation upon the ownership of the land or structures to which the variance pertains. If the rights authorized by a variance are not exercised within 1 year of the date the variance was granted, such rights shall lapse and may be reestablished only if a new variance is granted pursuant to this section. The Board of Appeals shall issue its decision within 100 days of the filing of the application; failure to take final action within such 100 days shall be deemed to be a grant of the variance applied for and the applicant shall be entitled to whatever documents are necessary to evidence the variance.