A.   Established; Membership; Terms; Removal: The zoning board of adjustment (ZBA) is hereby established to decide hardship variance applications and to decide ordinance interpretation appeals. The town commission shall appoint five (5) members to the zoning board of adjustment, each for three (3) year terms except that in the initial appointment, one member shall be appointed for a one-year term, two (2) for two (2) year terms, and two (2) for three (3) year terms. Members of the zoning board of adjustment may be removed from office by the town commission for cause upon written charges and after public hearing. Vacancies on the zoning board of adjustment shall be filled by resolution of the town commission for the unexpired term of the member affected.
   B.   Powers: The zoning board of adjustment shall have the following powers unless otherwise reserved by the town commission:
      1.   Grant Variances: Grant variances from the various standards of this title where the board determines that:
         a.   Granting a variance will not be contrary to the public interest;
         b.   Where owing to circumstances unique to a specific property a literal enforcement of the provisions of these regulations will result in undue hardship of the land;
         c.   Where the spirit of the ordinance will be observed and substantial justice done; and
         d.   The result of such variance will be consistent with goals, objectives and policies of the comprehensive plan.
      2.   Modify Certain Provisions: Approve, deny or conditionally approve any variance request to modify the following requirements of this title:
         a.   Setback requirements;
         b.   Yard requirements;
         c.   Area requirements;
         d.   Height and bulk requirements;
         e.   Parking requirements; and
         f.   Loading requirements.
      3.   Rule On Interpretation And Application Appeals: Hear and decide appeals alleging an administrative official incorrectly interpreted and applied the provisions of this title. Appeals shall be filed a form provided by the zoning administrator. A copy of the form is included in chapter 5 of this title.
   C.   Express Prohibitions: The zoning board of adjustment shall be expressly prohibited from granting:
      1.   Use Variances: Under no circumstances may the zoning board of adjustment grant a variance that would allow the use of land or buildings not permissible under the terms of this title.
      2.   Variances Based Upon Neighboring Uses: Neither the nonconforming use of neighboring lands, structures or buildings in the same zoning district, nor the permitted or nonconforming use of lands, structures or buildings in other zoning districts shall be considered grounds for the issuance of a variance.
   D.   Organization And Proceedings: The zoning board of adjustment shall organize itself and proceed as follows:
      1.   Organization: The zoning board of adjustment shall select one of its members as chairman and shall adopt rules necessary to conducts its affairs. Meetings shall be held at the call of the chairman and at such other times as the zoning board of adjustment may determine but shall be duly noticed and open to the public. The chairman, or in his/her absence, the acting chairman, may administer oaths and may compel the attendance of witnesses.
      2.   Proceedings: The zoning board of adjustment shall keep minutes of its proceedings, recording the vote of each member upon each question, or if absent or failing to vote, indicating such fact. Records shall be kept of the zoning board of adjustment's examinations or other official actions and immediately filed in the zoning board of adjustment office in the town hall where they shall be available for public inspection. (Ord. 131, 3-14-2002)