(A) Composition; members. The Zoning Board of Adjustment shall consist of five regular members and three alternate members. All members shall be residents of the town. Appointments shall normally be made as of July 1 of each year. Regular and alternate members shall be appointed for staggered terms of three years, provided that vacancies occurring for reasons other than expiration of term shall be filled as they occur, for the unexpired remainder of the term. No member shall serve for more than two consecutive terms, and having served two consecutive terms, no member shall be eligible for reappointment until after remaining off the Board for one year. For this purpose, a member appointed to fill a vacancy for more than one-half a term shall be considered as having served a full term. Faithful attendance at meetings of the Board is to be considered by the Town Commission at the time of reappointment of any regular member or alternate member. Members of the Board of Adjustment may be removed for cause by the Town Commissioners upon written charges and after public hearing. Unexcused absence from three consecutive meetings, or any absence from six meetings in any calendar year shall be cause for removal. ('85 Code, § 15-10.1)
(B) Meetings. The Board shall elect one of its members as Chairperson and another as Vice-Chairperson who shall serve for one year. The Chairperson shall appoint the secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be held at the call of the Chairperson and at other such times as the Board may determine. The Chairperson, or in his absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keeping records of its examination and any other official action. ('85 Code, § 15-10.2)
(C) Filing and notice for an appeal. Appeals from the enforcement and interpretation of this chapter and appeals for variances may be taken to the Board of Adjustment by any person aggrieved or by any office, department, board, or bureau of the town affected. Notice of an appeal to the Board of Adjustment shall be filed with the Building Inspector within 30 days of the date of the denial. An appeal stays all proceedings in furtherance of the action, unless the Building Inspector certifies to the Board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record.
(1) Hearing of the appeal. After receipt of notice of an appeal, the Board Chairperson shall schedule the time for a hearing, which shall be at a regular or special meeting.
(2) Notice. At least one week prior to the date of the hearing, the Building Inspector shall furnish all adjoining property owners with written notices of the hearing. Notice of legislative hearing shall be published once a week for two successive calendar weeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of legislative hearing.
(3) Fees for appeal variances. A fee as established in the fee schedule adopted by the Board of Commissioners, which shall be available at the office of the Town Clerk, shall be paid to the town for each appeal to cover the necessary administrative costs and advertising.
(D) Powers and duties. The Board of Adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision of this chapter. A concurring vote of four-fifths of the members of the Board shall be necessary to reverse, wholly, or partly any such decision.
(2) To approve special uses enumerated within the various zoning districts.
(3) To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the Board unless and until the following findings are made:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district.
(b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.
('85 Code, § 15-10.4)
(E) Appeal from the Board of Adjustment. An appeal from the decision of the Board of Adjustment may be made to the County Superior Court within 30 days after the decision is made by the Board, but not thereafter. ('85 Code, § 15-10.5)
(Ord. 33, passed 10-5-81; Am. Ord. 91-05, passed 5-6-91; Am. Ord. 91-16, passed 12-2-91; Am. Ord. 96-05, passed 6-3-96; Am. Ord. 14-10, passed 9-9-14; Am. Ord. 21-10, passed 6-15-21)