The Town Board of Adjustment (hereinafter the “BOA”) was heretofore created and established pursuant to the Act, or prior enactments thereof.
(A) Powers and duties. The BOA shall:
(1) Recommend to the Council and Commission amendments to the General Plan or any elements thereof, as the BOA considers necessary;
(2) Recommend to the Council and Commission amendments to any land use ordinance, including this chapter, and any amendments to any provision or requirements thereof, as the BOA considers necessary;
(3) Recommend to the Council and Commission amendments to any official maps, all provisions and requirements thereof, as the BOA considers necessary;
(4) Review and approve, approve with requirements, or deny all variance applications, with a finding of an unreasonable hardship, as required by the Act, and as provided herein;
(5) Render a decision on a determination of a legal non-conforming use, as provided herein;
(6) Render a decision on a determination of a legal non-complying structure, as provided herein;
(7) Render a decision on any other legal non-conformity, as provided herein; and
(8) Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the BOA, for the consideration of applications and for any other purposes deemed necessary by the BOA; provided that, such bylaws, policies and procedures shall be approved by the Council before taking effect.
(B) No authority. The BOA shall have no power, jurisdiction or authority to consider any of the following:
(1) To hear any amendments, waivers or modifications to any of the standards governing the approval of any General Plan amendment application or any land use ordinance amendment application;
(2) To hear any amendments, waivers or modifications to the General Plan, any element, provision or map thereof, or any provision or requirement of any land use ordinance, including this chapter, any zoning districts maps and any official maps;
(3) To make any decisions or determinations that would have the effect of authorizing a use which is not identified in the tables of uses, as provided herein; and
(4) To hear or decide any matter or application not expressly identified by division (B)(1) above.
(C) Qualifications for membership. Members of the BOA shall be appointed by the Mayor, with the advice and consent of the Council.
(D) Membership; appointment, removal, terms and vacancies.
(1) The BOA shall be composed of five members.
(2) Members of the BOA may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the Council.
(3) All members shall serve a term of five years. No member shall serve more than two consecutive terms.
(4) The Council, after finding cause, may remove any member of the BOA for violation of this chapter or any policies or procedures adopted by the BOA following receipt of a written complaint filed against the member. The Council shall provide the member with a hearing, if requested.
(5) At an annual organizational meeting held the first regular meeting of the year, and at other times as required, the members of the BOA shall elect one of their members as Chair and one of their members as Vice-Chair. In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. The Chair and Vice-Chair shall serve a term of two years. No member shall serve as Chair for more than two consecutive terms.
(6) The Chair or, in the Chair’s absence, the Vice-Chair of the BOA shall be in charge of all proceedings before the BOA, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the BOA.
(E) Recording Secretary. The Council shall appoint a recording secretary to serve the BOA. The Recording Secretary shall keep the minutes of all proceedings of the BOA, which minutes shall be the official record of all proceedings before the BOA, attested to by a majority of the members of the BOA voting. The Recording Secretary shall be compensated as approved by the Council.
(F) Quorum and necessary vote. No meeting of the BOA may be called to order, nor may any business be transacted, without a quorum consisting of at least three members of the BOA being present. The Chair shall be included for purposes of establishing a quorum and shall act as a voting member of the BOA. All actions of the BOA shall require the concurring vote of a majority of the total members of the BOA.
(G) Meetings, hearings and procedure.
(1) Regular meetings of the BOA shall be held as required.
(2) Special meetings may be requested by the Council, the Chair of the BOA or a majority of the members of the BOA.
(3) If a matter is postponed due to lack of a quorum, the Chair of the BOA shall reschedule the matter to the next available meeting. The Recording Secretary shall notify all interested parties and all members of the BOA of the date when the rescheduled matter will be heard.
(H) Effective date of decisions. All decisions of the BOA shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the BOA, or the BOA designates a different date when the decision is made.
(I) BOA members as volunteers. Members of the BOA shall be deemed “volunteers” for the purposes of town ordinances, rules, regulations and policies concerning personnel; provided, however, BOA members shall be included in the definition of “employee” for the purposes of the state’s Governmental Immunity Act.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 304)