A Board of Adjustment is hereby established. The word BOARD when used in this section shall be construed to mean the Board of Adjustment. The Planning Board is designated as a planning agency for the town. The Board of Adjustment shall be the Planning Board of the town sitting in separate session. Terms of office will be consistent with that of the Planning Board.
(A) All meetings of the Board of Adjustment shall be held at a regular place and shall be open to the public. The Board shall keep minutes of its proceedings in a book maintained for that purpose only showing the vote of each member upon each question or if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be by recorded resolution indicating the reasons of the Board therefor, all of which shall be a public record. No final action shall be taken on any matter unless a quorum is present.
(B) An appeal from the decision of the Zoning Enforcement Officer may be taken to the Board of Adjustment by any person aggrieved or any officer, department, board or bureau of the town affected by such decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Adjustment 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. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board after the notice of appeal shall have been filed with him or her by reasons of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.
(C) The Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer to decide in favor of the applicant any matter in which it is required to pass under the zoning ordinance or to effect any variation in such ordinance;
(2) To permit a temporary building for business in the residential zone, which is incidental to the residential development, such permit to be issued for a period of not more than one year; and
(3) To authorize, upon appeal, in specific cases variance 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 will result in undue hardship and so that the spirit of this chapter, shall be observed and substantial justice done. In considering all proposed variations to this chapter the Board shall, before making any finding in a specified case, first determine that the proposed variation will not constitute any change in the zones shown on the zoning map and will not impair an adequate supply of light and air to adjacent property or materially increase the public danger of fire and safety or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, morals and general welfare.
(a) In granting a variance, the Board may attach hereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purposes of this chapter.
(b) Before a variance is granted it shall be known that special circumstances are attached to the property which do not generally apply to other property in the neighborhood. A variance may be granted only when the practical difficulty or undue hardship complained of is due to the particular characteristics of the property and not to the general conditions of the neighborhood which may reflect an undue stringency of the ordinance itself. A hardship peculiar to the applicant, as distinguished from others affected by the general rule, must be shown. The fact that property may be utilized more profitably will not be considered adequate to justify the Board in granting a variance.
(D) All decisions of the Board of Adjustment shall be filed in the Office of the Board of Commissioners and a copy of said decision shall be mailed registered mail, return receipt requested, to each person or property owner who is affected by the decision.
(E) Any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department, board or bureau of the town may within 30 days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of said Board shall be subject to review as provided by law.
(Ord. passed 4-6-1981; Ord. passed 9-5-1989)