(a)

Powers and duties. The Board of Adjustment shall have the following powers and duties, all of which shall be exercised, subject to the laws of the State and subject to appropriate conditions and safeguards, in harmony with the purpose and intent of this Chapter and in accordance with the public interest and the most appropriate development of the neighborhood:

(1)

To hear and decide appeals from, and review, any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by this Chapter.

(2)

To authorize, upon appeal in specific cases, exceptions to the:

a.

Minimum area of lot;

b.

Minimum width of lot;

c.

Maximum height of buildings;

d.

Minimum front yard;

e.

Minimum side yard;

f.

Minimum rear yard;

g.

Minimum off-street parking (refer to Article VI of this Chapter); and

h.

Square foot requirements.

(b)

Procedure. The Board of Adjustment shall hold a public hearing on all applications and appeals, with the following special conditions required:

(1)

A notice of said hearing shall be published in a newspaper of general circulation with the Town at least fourteen (14) days prior to the hearing date.

(2)

For applications for variances of the physical requirements of this Chapter, a written notice of said hearing shall be sent by first-class mail at least fourteen (14) days prior to the hearing date to owners of property adjacent to the property in question.

(3)

Fees shall be based on the schedule set by the Board of Trustees.

(4)

Before any exception or variance is granted, the Board of Adjustment shall include a written finding in its minutes as part of the record in each case, stating specifically the exceptional conditions, the practical difficulties or unnecessary hardship involved.

(5)

Unless otherwise stated in the Board of Adjustment minutes, variance permits shall be valid for a period of time not to exceed six (6) months from the time such variance is granted.

(c)

Organization.

(1)

A Board of Adjustment is hereby established, of which members shall be appointed by the Board of Trustees. The word Board, when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members. Until otherwise provided, the members of the Board shall serve without compensation.

(2)

Each member shall serve for a period of three (3) years, except that, of the first appointed Board, one (1) member shall serve for one (1) year and one (1) member for two (2) years. Any member of the Board may be removed for cause by the Board of Trustees upon written charges and after a public hearing.

(3)

Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. Associate members of the Board may be appointed for short periods to take the place of any member who may be temporarily unable to act owing to absence from the Town, illness, interest in the case before the Board or any other cause.

(4)

The members of the Board shall select their own chairman and appoint a secretary. The services of any Town employee shall be available to the Board. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter. Meetings shall be held at such time as may be necessary and shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question.

(Ord. 12-02 §1)