A.   Established; Membership; Terms: The board of adjustment is established. The word "board", when used in this chapter, shall be construed to mean the board of adjustment. The board shall consist of five (5) members and shall be appointed by the mayor with the approval of the board of trustees, each to be appointed for a term of three (3) years, except that the board first appointed, two (2) members shall be appointed for a term of three (3) years, two (2) members shall be appointed for a term of two (2) years, and one member for a term of one year.

   B.   Quorum; Voting: The presence of three (3) members shall be necessary to constitute a quorum and when three (3) only are present, their unanimous vote shall be required to make a decision.

   C.   Meetings; Rules Of Procedure: Meetings of the board shall be held at the call of the chairman, the request of the building inspector or by any party wishing to appeal the decision of the building inspector. The board shall adopt its own rules of procedure and shall keep a record of its proceedings, showing the action of each question considered.

   D.   Clerk Of Board: The town clerk shall act as clerk of the board. (Ord. 531, 9-1-2015)

In specific cases, the board of adjustment may authorize by permit a variation of the application of the use, height, and area district regulation herein established in harmony with their general purpose and intent as follows:

   A.   Permit a temporary building for commerce or for industry in a residence district which is incidental to a residential development, such permit to be issued for not more than a period of one year.

   B.   Permit the erection and use of a building or the use of land in any location for a public service corporation for public utility purpose which the board admits reasonably necessary for the public convenience and welfare.

   C.   Interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the building zone map, fixing the several districts accompanying and made part of this title where the street layout actually on the ground varies from the street layout as shown on the building zone map aforesaid.

   D.   Where there are no practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title, the board of adjustment shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of this title relating to use, construction or alterations of buildings or structures or the use of land so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done. (1997 Code §17.44.030)

   A.   Appeal From Ruling Of Building Inspector: Appeal from the ruling of the building inspector concerning the enforcement of the provisions of this title may be made to the board of adjustment within thirty (30) days from the date of the ruling by the building inspector. The applicant shall file with the building inspector and with the board of adjustment a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all papers constituting the record from which the appealed action was taken.

   B.   Appeals As To Class Of Certain Districts: When any district has been classified or is about to be classified, the owners thereof may appeal to the board for a higher classification. It shall be the duty of the board to carefully examine all the facts and to determine all present usages which are below the requirements of the higher class requested and the board shall have authority to require the elimination or correction of any one, any part, or all of the nonconforming usages as may be justified by the circumstances before such higher classification is assigned to such district. (1997 Code §17.44.020)

   C.   Notice Sent And Posted: A written notice of an appeal to or an appeal from the board of adjustment shall be sent by the town clerk to all landowners on the same block and to all landowners whose land is adjacent to the street of the property described in any such appeal. Notice shall be sent by first class United States mail, postage prepaid. Notice shall also be posted at town hall in the same manner as notices of regular or special meetings of the board of trustees. Notice shall be sent and shall be posted at least fifteen (15) days prior to the hearing. In the event that adjacent property is held in common ownership, notice shall be sent to the appropriate homeowners' or condominium association. (Ord. 499, 2-7-2011)