(a) There is hereby established a Board to be called the Board of Adjustment. The Board of Adjustment is a five-member body plus two alternates established by the Town Commission. Such Board shall be composed of, when reasonably possible, one architect, one engineer, one member at large from the building industry, one building contractor and one member at large from the public. The term of office of the first members of the Board shall be one year for one member, two years for two members, three years for two members, and three years for each alternate with appointment thereafter to be for a term of three years for each member.The alternates will have a voice but not a vote in all Board of Adjustment deliberations, unless one or more regular members are absent, in which case the alternates are authorized to vote in accordance with their designation as alternate number one and alternate number two, in that order.
(b) Members and alternates shall be appointed by the Town Commission and may be removed by the Commission for cause and after a public hearing held on written charges. Vacancies shall be filled by the Town Commission for the unexpired term of the members affected.
(c) The Board of Adjustment shall appoint the Chairperson of the Board on a yearly basis.
(d) Three members of the Board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the Building Official, affirmative votes of the majority present, but not less then three affirmative votes, shall be required. If the Planning and Zoning Board member designated to attend Board of Adjustment meetings pursuant to § 7A-137 shall fail to attend a meeting of the Board of Adjustment, any action taken by the Board of Adjustment in the absence of said Planning and Zoning Board member shall not be invalid or void by reason of said absence.
(`75 Code, Appendix A, Art. IX) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)