A board of adjustment is hereby established and shall consist of five (5) members appointed by the town council, for a term of five (5) years; provided, that the terms of the members of the first board so appointed shall be such that the term of one member shall expire each year. The town council shall promptly fill any vacancy occurring on the board by reason of death, resignation, removal or disqualification for the unexpired term of such member. One member shall be a member of the planning commission. (Ord. 01-04, 1-7-2002)

   A.   Appeals: It shall be the duty of such board to hear all appeals taken by any person aggrieved, or by any officer, department, board or bureau of the town affected by any decision of the officer in charge of the administration of this title. Said board shall adopt rules for the regulation of its proceedings and conduct of its duties, and not inconsistent with the provisions of this title or of state law.

   B.   Variances, Exceptions, Interpretation, Special Questions: In addition to any other powers given by state law or town ordinance, the board, after proper notice and public hearing, shall have the following powers:

      1.   Variances: When by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the ordinance codified herein, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of the provisions of this title would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property, the board may authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title.

      2.   Special Exceptions: The board may permit a temporary building for commerce or industry or residential use, which building is incidental to a permitted use, such permit to be issued for a period of not more than one year.

      3.   Interpretation: The board may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made in the enforcement of this title. (Ord. 01-04, 1-7-2002)

      4.   Special Questions:

         a.   Where a zone boundary line divides a lot in single ownership at the time of the passage of the ordinance codified herein, the board may permit a use authorized on either portion of such lot to extend not more than five feet (5') into the other portion of the lot. (Ord. 01-04, 1-7-2002; amd. 2003 Code)

         b.   The board may permit the enlargement of or addition to a nonconforming building or structure, or a building or structure occupied by a nonconforming use.

         c.   The board may permit the relocation on a lot of a nonconforming building or structure, or a building or structure occupied by a nonconforming use.

         d.   The board may reduce the amount of off street parking required, where acquisition of land for such use would cause exceptional hardship. (Ord. 01-04, 1-7-2002)

The concurring vote of three (3) members of the board shall be necessary to reverse an order, requirement or determination of any administrative official, or to decide in favor of the applicant on any matter on which it is required to pass or to effect any such variation in this title. (Ord. 01-04, 1-7-2002)

A variance shall be null and void twelve (12) months after the date of its approval unless substantial work shall have been accomplished towards the completion or other construction for which it was issued. (Ord. 01-04, 1-7-2002)

Each applicant filing a request for a variance shall pay a nonrefundable filling fee to the town. This fee may be set and amended from time to time by town council resolution. (Ord. 01-04, 1-7-2002)