(A) All meetings of the Board of Adjustment shall be held at a regular place and shall be open to the public. A quorum of 4 members, including alternates shall be present at the designated meeting place before a vote is taken or before a final disposition of any appeal is made upon which the Board is required to pass. The Board shall keep minutes of its proceedings, show the vote of each member upon each question, or if absent or failing to vote, an indication of the fact; and the final disposition of appeals shall be by recorded resolutions indicating the reasons of the Board therefor, all of which shall be public record. In the event a regular member shall be absent or temporarily disqualified, an alternate member shall be notified to serve in the place of the regular member.
(B) Each alternate member, while attending any regular or special meeting of the Board and serving in the absence of a regular member, has and may exercise all the powers and duties of a regular member.
(C) Notice of hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.
(D) Continuances. The Board of Adjustment may grant a continuance to any party for good cause shown or upon the Board’s own motion. Requests for continuances should be made in writing but may be made orally at a meeting of the Board. The Board Chair may grant a continuance request prior to a meeting if the applicant or appellant makes a written request showing good cause. The Board Chair may always defer ruling on such a request to allow for the decision to be made by the Board.
(1) Good cause. Good cause for a continuance includes, but is not limited to:
(a) The official issuing the decision subject to an appeal is unavailable;
(b) There is insufficient membership of the Board seated and present to hear a matter; or
(c) If any party or the town would be unduly prejudiced by the presentation of matters not presented in a notice of appeal.
(2) Renotification fees. If notices of hearing have already been issued, the party granted a continuance is responsible for the administrative costs of noticing an additional hearing if such costs are incurred.
(E) Rules of procedure. The Board may adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this section. Where this section and the rules adopted by the Board are in conflict, the provisions of this section prevail.
(Ord. 04-21, passed 10-6-2004, § 61; Am. Ord. 06-09, passed 9-6-2006; Am. Ord. 13-05, passed 11-6-2013; Am. Ord. 23-09, passed 9-6-2023)