The Board of Adjustment shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter;
(B) Conditional uses. To hear and decide only such conditional uses as the Board of Adjustments is specifically authorized to pass on under the terms of this chapter. To decide such questions as are involved in determining whether a conditional use should be granted. To grant conditional uses with such conditions and safeguards as are appropriate under this chapter, or to deny conditional uses when not in harmony with the intent of this chapter. A conditional use may be granted by the Board of Adjustment only after making the following findings:
(1) That the Board of Adjustment is empowered under a specific section of this chapter to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest;
(2) Before any conditional use shall be issued, the Board shall make written findings certifying compliance with all specific rules governing the individual conditional use and that satisfactory provisions and arrangements have been made concerning the following wherever applicable:
(a) Ingress and egress to property and proposed structures, with particular reference to automobile and pedestrian safety, convenience, traffic flow and control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required with particular attention to the items in division (B)(2)(a) above and to the economic, noise, glare or odor effects of the conditional use on adjoining properties and generally in the district;
(c) Refuse and service areas, with particular reference to the items in divisions (B)(2)(a) and (B)(2)(b) above;
(d) Utilities, with reference to location, availability, compatibility and compliance with the town’s Water and Sewer Ordinance. All impact charges must be paid prior to the issuance of a conditional use permit;
(e) Screening and buffering, with reference to type, dimensions and character;
(f) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(g) Required yards and other open space; and
(h) General compatibility with adjacent property and other property in the district.
(3) The Board of Adjustment shall request from the town’s Planning Board a review and recommendations of the conditional use relative to the following considerations:
(a) Relation of the conditional use to applicable elements of the planning program; and
(b) Relation of the conditional use to applicable elements of the architectural review guidelines.
(C) Variances. When unnecessary hardships would result from carrying out the strict letter of this chapter, the town’s Board of Adjustments shall vary any of the provisions of this chapter upon a showing of the following:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(2) The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be a basis for granting a variance;
(3) The hardship did not result from action taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship;
(4) The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured, and substantial justice is achieved; and
(5) No change in permitted uses may be authorized by a variance. Appropriate conditions may be imposed on any variance; provided that, the conditions are reasonably related to the variance.
(D) Appeals from the Board of Adjustment. Any person or persons jointly or severally aggrieved
by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the town may, within 30 days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of illegality, whereupon such decision of said Board shall be subject to review by certiorari as provided by law.
(E) Fees for variances, appeals and conditional uses. A fee shall be paid according to § 19 of the Fee Schedule for each application for a variance, appeal or conditional use to cover the necessary administrative and advertising costs.
(Ord. passed 3-14-2005; Ord. passed 10-14-2013; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1109)