§ A261-7. Waiver of provisions; validity.  


Latest version.
  • A. 
    Waiver. The Board of Appeals may waive specific provisions of these procedures that, in its judgment of the particular circumstances of a proposed application, are not requisite in the interest of public health, safety and general welfare. Waivers may be granted subject to conditions deemed necessary to support the purpose and intent of these procedures. No waiver shall be granted which would limit, reduce or impair the effectiveness of any other law applicable to the proposed application.
    B. 
    Omission. The omission from the rules and regulations of any requirement authorized to be imposed by statute shall not preclude the Board from imposing such requirement by resolution adopted by it in connection with the granting of any special permit or variance or in connection with a determination on an appeal.
    C. 
    Severability. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court of competent jurisdiction, such decree or decision shall not affect or impair the validity of any other section or remaining portion of the rules and regulations.
    D. 
    Limitation. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court of competent jurisdiction, such decree or decision shall be limited to the particular special permit, variance or decision on appeal, and the general applicability of these rules and regulations to other special permits, variances or decisions on appeal shall not be affected.