(A) Creation. There is hereby created a Board of Adjustment, the membership of which shall consist of the Mayor and Town Council of the town and, the word BOARD when used in this Development Code, shall mean the Mayor and Council when sitting as the Board of Adjustment.
(B) Meetings, oaths and witnesses. All meetings of the Board shall be held at the call of the Chairperson and at the other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairperson, or in the Chairperson’s absence, the acting Chairperson may administer oaths and compel the attendance of witnesses in accordance with the laws of the state.
(C) Procedure. The Board shall make and publish rules and regulations to govern its proceedings. The presence of four members shall constitute a quorum. The concurring vote of a majority of the Board shall be necessary to reverse an order or decision of an administrative official, or to affect any variations from the terms and conditions of this Development Code. The minutes and records of all Board proceedings shall be kept and filed as public record in the office of the Town Clerk. The Board may call on the administrative staff of the municipality for assistance in the performance of its duties, and it shall be the duty of the departments to render the assistance to the Board as may be reasonably required.
(D) Powers and duties. The Board of Adjustment shall have the power and jurisdiction to hear those matters set forth in this Development Code.
(E) Appeals of administrative decisions.
(1) Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, commission, board or bureau of the municipality affected by a decision of an administrative official within 30 calender days from the date of the decision. Within this 30-day timeframe, the aggrieved person or body shall file with the officer from whom the appeal is taken and with the Town Clerk, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certified to the Board that, by reason of the fact stated in the certificate, the stay would in the officer’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.
(Prior Code, Ch. 4, Art. I, § 4-8) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)
Cross-reference:
For other town boards and commissions, see Ch. 32