(A) Creation, appointment, and organization. A Zoning Board is created. The Board shall consist of no less than three and no more than five members, each to be appointed for a term of three years by the Mayor and with the advice and consent of the Town Council. The first appointment may be for one, two, or three years. The Board shall elect a Chairperson from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs.
(B) Powers and duties. The Zoning Board or its substitute shall have all the powers and duties prescribed by law, including Wyo. Stat. § 15-1-608, and by this title, which are more particularly specified, but not limited, as follows:
(1) Interpretation. Upon appeal from a decision by the Town Clerk-Treasurer or other administrative official, to decide any question involving the interpretation of any provision of this title, including determination of the exact location of any district boundary if there is uncertainty with respect thereto;
(2) Special permits. To issue special permits for any of the uses for which this title requires the obtaining of such permits from the Zoning Board or its substitute as provided in § 11-2-5(E), in granting any special permit, the Board or its substitute shall prescribe any conditions that it deems to be necessary to or desirable for the public interest. However, no such special permit shall be granted by the Zoning Board or its substitute if the Board or its substitute finds that the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and would not be in harmony with the general purpose of this title. In determining its findings, the Board or its substitute shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity; and
(3) Variances. To vary or adapt the strict construction and appliance of this chapter only when the Board or its substitute finds that there are special circumstances or conditions, fully described in its findings, applying to the land or building for which a variance is sought. Such circumstances and conditions must be peculiar to such land and buildings, and not generally applicable to land and buildings in the neighborhood and that they are such as would, upon strict application, deprive the owner of reasonable use of the land or buildings; that the granting of the variance will not be detrimental to the public interest.
(C) Procedure. The Zoning Board or its substitute shall act in strict accordance with the procedure specified in Wyo. Stat. § 15-1-608, and this title.
(D) Appeals. Appeals to the Board or its substitute shall be taken by the person aggrieved or by any officer, department, or board of the town from a final decision of the Town Clerk-Treasurer, or other officer, within 30 days thereof, by filing with the officer and the Board or its substitute a written notice of appeal specifying the grounds thereof.
(E) Zoning Board alternative. In the event the Town Council is unable to appoint members to the Zoning Board in compliance with division (A) above, the Town Council shall assume the powers and duties of the Zoning Board and all appeals shall be to the District Court of the Second Judicial District of the county.
(Prior Code, § 11-2-5) (Ord. 2024-01, passed 4-4-2024) Penalty, see § 11-2-7