(A) After an appropriate application has been filed with the agency or department responsible for performing the town’s planning function, and any required filing fee has been paid, the Board of Adjustment shall make such an investigation of the facts, bearing upon the application to provide information necessary to assure that the action on the application is consistent with the intent and purpose of this chapter and the provisions of this chapter. The Board of Adjustment shall hold a public hearing on the application to gather facts and information from all interested parties. At least 15 days’ notice of the time and place of the hearing shall be published in an official newspaper, or a newspaper of general circulation, in the town. The Board of Adjustment may continue the hearing if necessary to obtain additional facts and information. If the hearing is continued, a second legal notice is not required if the time, date, and location of the continued hearing are announced at the hearing, and placed in the official record of the Board of Adjustment.
(B) The Board of Adjustment shall send the Town Council its recommendation on the application, together with any and all pertinent facts in regard to the application and its recommendation. The applicant shall be given a true and exact copy of the Board of Adjustment’s recommendation at least three days prior to the Town Council’s hearing on the application.
(C) The Town Council shall hold a public hearing on the application, at which time the Board of Adjustment’s recommendation shall be read, and additional testimony may be taken from interested parties. The Town Council may, by resolution, approve, deny, or change the recommendation of the Board of Adjustment, and shall approve, disapprove, conditionally approve, deny, or conditionally deny the requested land use variance. The resolution shall contain the statement of findings required by § 150.05.
(Prior Code, § 11-3-3)