(A) Powers enumerated. The Zoning Board of Adjustment shall have the following powers:
(1) Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Administrator in the enforcement of this chapter;
(2) Variances. To authorize, upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to the public interest. Where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that:
(a) The application of this chapter to this particular piece of property would create an unnecessary hardship;
(b) Such conditions are peculiar to the particular piece of property involved;
(c) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter or the Comprehensive Plan; and
(d) The variance, if granted, would be minimum necessary to alleviate the unnecessary hardship.
(3) Special exceptions regarding uses; mobile homes. To hear and decide special exceptions to this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment. Such special exceptions may be granted in such individual cases for the duration of the use of a particular approved owner occupied single-family mobile home, regardless of change of ownership, in the R-1 and A-1 Districts so long as the mobile home continues to be occupied by an owner on a lot and in a manner which otherwise complies with this chapter, subject to the following procedures and provisions:
(a) Notice must be mailed to the last address as reflected by the records of the County Treasurer, to all owners of property whose boundary lies within 300 feet of the property for which the special exception is sought at least ten days in advance of the hearing on the said special exception;
(b) Publication of said application as required by § 153.033 of this chapter; and
(c) That, if no objection is presented by the owners of the property within 300 feet, then the special exception as to such particular mobile home shall be granted; provided, the mobile home must meet the minimum standards of the Federal Department of Housing and Urban Development, as amended from time to time.
(B) Voting of members. In exercising the above powers, the Board of Adjustment shall have the concurring vote of at least two of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and may make such order, requirement, decision or determination as ought to be made.
(C) Filing fee. Upon the filing of a Board of Adjustment appeal, variance or exception, the property owner or his or her agent shall pay a filing fee of $300 to the Clerk of the Board of Adjustment. All fees collected by the Board of Adjustment shall be deposited with the town’s Clerk-Treasurer and credited to the General Fund of the town; provided that, in appeals involving administrative review, the filing fee shall be waived by the Clerk-Treasurer in the event he or she determines, after review of a completed pauper’s affidavit, that the applicant would not otherwise be able to obtain review of said administrative decision; provided further that, in appeals involving administrative review, the filing fee shall be refunded in the event of a final determination rendered in favor of the applicant. A FINAL DETERMINATION shall be defined as a decision of the Board of Adjustment or the courts of the state, as the case may be, from which no further appeal has been taken within the time allowed by statute.
(Prior Code, § 10-2-5) (Ord. 2009-3, passed 5-15-2009)