(a) Composition of Board. There shall be a Board of Appeals, consisting of five members appointed by Council and dedicated to the duties outlined in this section. The composition and structure of the Board shall be as set forth in Section 8.05 of the Municipal Charter.
(b) Applications for Variances and Appeals.
(1) Filing Procedure. A written application for a variance shall be filed with the Enforcement Officer, who shall transmit the same, together with the preliminary plat and other papers pertaining to the application, to the Board of Appeals. Written application for an administrative appeal shall be made directly to the Board.
(2) Action by the Board. An application made to the Board shall be in writing and filed with the Enforcement Officer. The Board shall meet at least fourteen days, but not more than thirty days, after the filing of the application. Each application shall refer to the specific provision of these Subdivision Regulations which are involved and shall set forth a clear and exact description of the land involved, the interpretation of these Regulations that is claimed and/or the details of the variance proposed to be granted.
(c) Board Powers Re Administrative Errors. The Board shall hear and decide appeals where it is alleged that there is an error in any administrative decision made by the Enforcement Officer in the administration of these Subdivision Regulations. A person claiming to be aggrieved by any order, requirement or decision made by the Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of the decision, by filing, with the Enforcement Officer from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in the interpretation of these Subdivision Regulations.
(d) Board Powers Re Variances. The Board may authorize, upon appeal, in specific cases filed as provided in this section, such variances from the provisions or requirements of these Subdivision Regulations as will not be contrary to the public interest. Such variances will be granted only in the case of peculiar conditions involving irregular or abnormally narrow, shallow or steep lots, if such provision or requirement would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No variance from the strict application of any provision of these Subdivision Regulations shall be granted by the Board unless it finds, beyond reasonable doubt, that:
(1) Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the immediate vicinity;
(2) Literal interpretation of the provisions of these Subdivision Regulations would deprive the applicant of rights commonly enjoyed by other property owners in the immediate vicinity under the terms of these Subdivision Regulations;
(3) Special conditions and circumstances do not result from the action of the applicant;
(4) Granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by these Subdivision Regulations to other lands, structures or buildings in the same vicinity; and
(5) Granting the variance will be in harmony with the general purpose and intent of these Subdivision Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(e) Public Hearings. When an application or appeal has been filed in proper form with the required data, the Clerk of the Board shall immediately notify the Chairman thereof, who will publish a notice stating the time, place and object of the hearing. In addition, all property owners within 500 feet of the property in question shall be notified by the Clerk as to the time, place and object of the public hearing. Any party may appear at such public hearing in person or by agent or attorney.
(f) Board Decisions. The Board shall decide all applications and appeals within 30 days after completion of the hearing. The Board shall act by resolution, and a copy of each such resolution duly adopted shall be filed in the office of the Clerk of Council. Such decision shall be binding upon the Enforcement Officer and/or the Planning Board. The terms and conditions of the decision by the Board of Appeals shall be incorporated into a building permit whenever such permit is authorized by the Board.
(Ord. 83-32. Passed 8-15-83; Ord. 10-47. Passed 12-6-10.)