The governing body may provide for and appoint a board of adjustment consisting of not less than five nor more than seven members, each to be appointed for a term of three years. The initial appointments shall be for: two for one year terms; two for two year terms and the remaining member or members for three years, and thereafter for three years. Any member of the board of adjustment may be removed for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The planning commission of any city or town may be appointed as the board of adjustment by the city or town council. Until such time as a board of adjustment is appointed, the town council shall act as the board of adjustment.

(Ord. No. 214 § 3-101, 1984)

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board are open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions. All minutes shall be filed immediately in the office of the board and are public records.

(Ord. No. 214 § 3-102, 1984)

The board of adjustment shall have the following powers, and it shall be its duty:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the town official designated as the zoning administrator in the enforcement of this title.

(b)

To interpret the provisions of this title in such a way as to carry out the intent and purpose of this plan as shown on the zoning map fixing the several districts accompanying and made a part of this title.

(c)

The board may also, when it shall deem the same necessary, grant variances and exceptions to the zoning ordinance on the basis and in the manner provided by this title.

(d)

In exercising the foregoing powers, the board in conformity with the provisions of this chapter, may reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

(Ord. No. 214 § 3-103, 1984)

The board may authorize in specific cases a variance from the specified terms of the title which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this title will, in an individual case, result in unnecessary hardship, and provided that the spirit of the title shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning ordinance in such district. A request for a variance may be granted in such case, upon findings by the board that all of the following conditions have been met:

(a)

That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action of the property owner or the applicant;

(b)

That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

(c)

That the strict application of the provisions of the zoning ordinance of which a variance is requested will constitute unnecessary hardship on the property owner represented in the application;

(d)

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

(e)

That the granting the variance desired will not be opposed to the general spirit and intent of the zoning ordinance.

(f)

The town clerk, by direction of the town council, shall notify, in writing, all surrounding property owners within 300 feet of abutting, adjoining or fronting property of a request for a variance, giving the date for the variance request to be acted upon by the town council. Such action not to be taken less than 15 days from the date of the mailing of the notice. Notification shall be sent by certified mail, return receipt requested. Such costs shall be borne by the applicant.

(Ord. No. 287 § 3-104, 1998: Ord. No. 214 § 3-104, 1984)

The board may grant exceptions to the provisions of the zoning ordinance in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning ordinance. In no event shall exceptions to the provisions of the zoning ordinance be granted where the use of the exception contemplated is not specifically listed as an exception in the zoning ordinance. Further, under no conditions shall the board of adjustments have the power to grant an exception when conditions of this exception, as established in the zoning ordinance by the governing body, are not found to be present.

(Ord. No. 214 § 3-105, 1984)

Any person, official or governmental agency dissatisfied with any order or determination of the board may present to the district court having jurisdiction in Sheridan County, a petition duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for a relief therefrom. Such petition shall be presented to the court within 60 days after the filing of the decision in the office of the board.

(Ord. No. 214 § 3-106, 1984)

The procedure to be followed in applying and acting on an appeal, including a variance or an exception shall be as follows:

(a)

Appeals to the board may be taken by any person aggrieved or by an officer of the town or any governmental agency or body affected by any decision of the town official designated to administer the zoning ordinance. Written application for the approval of an appeal shall be filed with the board upon forms and in a manner prescribed by the board. A fee of $25.00 shall be paid to the town clerk, or his agent, upon the filing of each application for an appeal, for the purpose of defraying costs of the proceedings described herein. A written receipt shall be issued to the person making such payment, and records thereof shall be kept in such manner as prescribed by law. Such applications, which appeal decisions by the enforcing officer, shall be made within 20 days of the date of such decision.

(b)

An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board after this notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record, by application or notice to the town official designated as the zoning administrator on good cause shown.

(c)

The board shall fix a reasonable time for the public hearing of the appeal, give not less than 20 days public notice thereof in the newspaper of general circulation, as well as mail copies of the notice to each party to the appeal and to the town planning committee and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

Applications must be accompanied with a certified list of property owners of record, and their address if available, and if not available then the addresses of the occupant of the premises, if tenanted in directions from the subject property, for a distance not less than 200 feet of the exterior boundaries of the property involved. Where all property so located is under the same ownership, owners of the property abutting that of the same ownership shall be notified in the same manner as provided in this section.

(e)

The board shall make its findings and determination in writing within 40 days from the date of filing the application and shall forthwith transmit a copy thereof to the applicant.

(f)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, which shall be a public record.

(g)

In approving applications for variance, the board shall have authority to impose such conditions as it deems necessary to protect the best interests of the surrounding property or neighborhood.

(h)

All appeals shall be conducted as contested cases in accordance with the provisions of the administrative procedures act of the state of Wyoming, chapter 3.1 and any additions or amendments thereto.

(Ord. No. 214 § 3-107, 1984)