The Board makes final decisions for the items under its purview. Unlike compliance permits, Board decisions are not recommendations precedent to the Town Council’s final decision. The Board has the powers and duties as follows.
(A) The Board shall:
(1) Hear and decide appeals from and review any order, requirement, decision or determination made by the Town Building Official;
(2) Fix a reasonable time for hearing an appeal, give public notice, adequate notice to the parties in interest and decide the appeal within a reasonable time. Any party may appear in person at a hearing or by agent or attorney; and
(3) Adopt rules in accordance with the provisions of this chapter.
(B) The Board has the power to:
(1) Vary or adjust the strict application of any of the requirements of this chapter in the case of any physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of this chapter may be granted unless:
(a) There are special circumstances or conditions, fully described in the Board’s findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of this chapter;
(b) For reasons fully set forth in the Board’s findings, the circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and
(c) The granting of the adjustment is in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) Grant exceptions and variances upon request after a showing that an illegal construction or a non-conforming building or use existed for a period of at least five years in violation of this chapter and the town has not taken steps toward enforcement;
(3) Reverse or affirm, wholly or partly, the order, requirement, decision or determination as necessary, but no power exercised under this division (B) shall exceed the power or authority vested in the Town Building Official; and
(4) Hear and decide special exemptions to the setback provisions of this chapter which may, at the option of the Board, be granted with the approval of the adjoining landowner or landowners.
(Ord. 294, passed 3-25-2014)