The board of appeals is authorized. Such board shall consist of three members, all of whom shall be taxpayers and residents of the town. The members of the board of appeals shall be appointed by the mayor with the consent of the commissioners. Members shall be appointed for a period of three years. Vacancies shall be filled by appointment for the unexpired term only. Members of the board shall serve without compensation. Two alternate members shall be appointed to serve when a regular member is absent or otherwise unable to attend.

(Ord. 04-19: Ord. 97-13: Ord. 95-22 § 1; prior code Art. XI (Art. IX § 1.0))

The members of the board of appeals shall meet at least once each year at such time and place as they may fix by resolution. They shall select one of their members as chairperson and one vice-chairperson, who shall serve one year, and until their successors have been selected. Special meetings may be called at any time by the chairperson or in his/her absence, by the vice-chairperson. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept of its proceedings.

(Prior code Art. XI (Art. IX § 2.0))

A.

An appeal to the board of appeals may be taken by any person aggrieved by any officer, department or bureau of the town or any person affected by any order, requirement, decision or determination by any governmental officer, department, board or bureau based in whole or in part upon the provisions of this title.

B.

Such appeal shall be filed with the zoning administrator and the board of appeals within thirty (30) days from the decision being appealed from. Upon appeal, the zoning administrator shall transmit to the board of appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that a stay would, in his/her opinion, cause imminent peril to life or property. The board shall fix a reasonable time for the hearing of the appeal, give not less than ten days public notice thereof by the posting of not less than one sign of at least three square feet in area, containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made, and advertising in a weekly or daily paper of general circulation in the town, as well as due notice to the parties in the interest, and decide the same within thirty (30) days. Upon the hearing, any party may appear in person, by agent or by attorney.

C.

The concurring vote of two members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant upon any matter which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Upon the hearing, any party may appear in person or by agent or attorney.

D.

A fee pursuant to the town's review fee schedules shall be paid to the zoning administrator at the time the notice of appeal is filed to the credit of the general revenue fund of the town.

E.

The fee is not applicable to nor in lieu of the appropriate zoning certificate. (See Chapter 17.48).

(Ord. 01-17; Ord. 93-13 § 1; prior code Art. XI (Art. IX § 3.0))

A.

To hear and decide appeals where it is alleged, there is an error in any order, requirement, decision, or determination made by an administrative official under the provisions of this title;

B.

To hear and decide special exceptions in the terms of this title;

C.

To authorize upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public safety, health and welfare, and will most nearly accomplish the purpose and intent of this title.

(Prior code Art. XI (Art. IX § 4.0))

A.

Where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this title, or by reasons of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, the literal enforcement of the requirements of this title would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this title, the board shall have power, upon appeal in specific cases, filed as provided in this section, to authorize a variance from the terms of this title so as to relieve such hardship, and so that the spirit and purpose of this title shall be observed and substantial justice done. In authorizing a variance, the board may attach thereto such conditions, regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest. In authorizing a variance, with attached conditions, the board may require such guarantee as it may deem to be necessary that the conditions attached are being and will be complied with.

B.

No such variance in the provisions or requirements of this title shall be authorized by the board unless the board finds, beyond reasonable doubt, that all of the following facts and conditions exist:

1.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district;

2.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;

3.

That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this title, or the public interest.

C.

No grant of a variance shall be authorized unless the board specifically finds that the condition or situation of the specific piece of property or the intended use of such property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

(Prior code Art. XI (Art. IX § 5.0))

A.

Where in this title, certain powers are conferred upon the Board of Appeals, such board shall study the specific property involved and the neighborhood; cause the property to be posted in a conspicuous place, hold a public hearing, consider all testimony and data submitted, and hear any person for or against the issuance of the Zoning Certificate. However, the application shall not be approved where the health, safety, security, morals or general welfare would be adversely affected or would result in dangerous traffic conditions or would jeopardize the lives or property of people living in the neighborhood, nor will any action be taken which will be contrary to an adopted plan. (When a question arises as to whether the contemplated action of the Board is contrary to an adopted plan, the Board shall request the recommendation of the Planning Commission).

B.

In deciding such matters, the Board shall give consideration, among other things to the following:

1.

Decisions of the circuit court of the county and the Court of Appeals of the state;

2.

The orderly growth of the neighborhood and community;

3.

The most appropriate use of land and structure;

4.

Facilities for sewers, water, trash collection and disposal and the ability of the town to supply such services;

5.

Availability of fire-fighting equipment;

6.

The effect of such use upon the peaceful enjoyment of people in their homes;

7.

The number of people residing, working or studying in the immediate areas;

8.

The type and kind of structures in the vicinity where people are apt to gather in large numbers such as schools, places of worship, theaters, hospitals and the like;

9.

Traffic conditions, including facilities for pedestrians, such as sidewalks and safety zones and parking facilities available and the access of cars on highways;

10.

The preservation of cultural and historic landmarks;

11.

The conservation of property values;

12.

The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the uses of surrounding properties;

13.

The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods;

14.

Accordance of contemplated action with an adopted town plan.

(Prior code Art. XI (Art. IX § 6.0))

(Ord. No. 17-09, 9-5-17)

A.

The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of time and place of such public hearing shall be published in a paper of general circulation in the town at least once, not more than thirty (30) or less than ten days previous to the hearing. Such notice shall contain the particular address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal, and specifications of the proposed variance.

B.

Construction Permitted by the Board to be Undertaken Within Six Months. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a zoning certificate for such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

C.

Use of Building Permitted by Board to be Established Within Six Months. No order of the board permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning certificate for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Prior code Art. XI (Art. IX § 7.0))