(A) Variances.
(1) Establishment. The Board of Trustees is hereby authorized to issue variances from the terms of this chapter as herein provided. The Board shall establish meeting dates, adopt rules for the conduct of business, establish a quorum and procedures, and provide a public record of its findings and decisions. Each session of the Board shall be a public meeting. One notice of the meeting and agenda may be published in a newspaper of general circulation, and shall be posted on the property, more than seven but less than 15 days prior to the meeting.
(2) Duties. The Board of Trustees shall have the following powers and duties:
(a) 1. To hear requests for variances from the provisions of this chapter in instances where strict enforcement of this chapter would cause extraordinary practical difficulties due to circumstances unique to the individual sign under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter.
2. Hearings shall be scheduled no later than the regular meeting of the Board of Trustees next following the applicant’s full compliance with application and notice requirements, and shall be delayed only upon request of the applicant, or upon request of the Board of Trustees for causes beyond the town’s reasonable control.
3. The Board’s decision shall be announced, after its deliberation, at the close of the variance hearing.
(b) The Board may impose reasonable conditions in the granting of a variance to ensure compliance and to protect adjacent property. A violation of such conditions shall constitute a violation of this chapter.
(c) The concurring vote of a majority of the full Board shall be necessary to approve any variance.
(d) Any variance granted by the Board shall automatically be revoked if the applicant does not comply with the terms of the variance within 30 days following delivery of notice of noncompliance; and the applicant shall thereafter comply with the literal provisions of this chapter.
(3) Notice.
(a) Burden. No application shall be complete until the applicant has filed with the town its documents showing its full compliance, at its own expense, with the notice requirements for a variance.
(b) Content; presentation. In appearance and content, notices shall comply with rules reasonably prescribed by the Board of Trustees for clarity and for public convenience.
(B) Administrative appeals; time limits.
(1) Upon written request received from any applicant, the administrative body, or its designee, shall, within 20 business days thereafter, provide a written decision applying the terms of this chapter.
(2) A hearing before the Board of Trustees shall be scheduled no later than the regular meeting following consideration by the Zoning Board; and shall be delayed only upon request of the applicant, or upon request of the Board of Trustees for causes beyond the town’s reasonable control. The Board’s decision shall be announced, after its deliberation, at the close of the hearing.
(Ord. 16-03-01, passed 3-8-2016)