(A) Alternate members; boards. The Council may appoint and provide reimbursement for expenses for alternate members to serve on the Board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member. The subchapter may designate a Planning Board or governing board to perform any of the duties of a Board of Adjustment in addition to its other duties and may create and designate specialized boards to hear technical appeals.
(B) Provisions of chapter. The Board of Adjustment hears and decides special use permits, requests for variances, and appeals of decisions of administrative officials charged with enforcement of the chapter. As used in this subchapter, the term DECISION includes any final and binding order, requirement, or determination. The Board of Adjustment shall follow quasi-judicial procedures when deciding appeals and requests for variances and special and special use permits. The Board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.
(C) Notice of hearing. Notice of hearings conducted pursuant to this subchapter shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided by the zoning or unified development ordinance. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.
(Ord. passed 4-7-2014; Ord. passed 5-3-2021)