A board of zoning adjustment is hereby established. The board shall consist of five members, each to be appointed for a term of three years by the town council, except that in the first instance one member shall be appointed for a term of three years, two members for a term of two years each, and two members for a term of one year each, and thereafter each member appointed shall serve for a term of three years or until his successor is duly appointed. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Additionally, to the five regular members, two supernumerary members shall be appointed to serve on the board at the call of the chairman only in the absence of regular members and while so serving shall have and exercise the powers and authority of regular members. Each member may be removed for cause by the appointing authority upon written charges and after a public hearing.

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

The board shall adopt and publish its own rules of procedure and keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and of other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

An appeal may be taken to the board by any person aggrieved, or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer.

Such appeal shall be taken within a reasonable time as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof.

The officer from whom the appeal is taken shall transmit forthwith to the board all papers constituting the record upon which the action appeal was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notices 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 restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.

The board of adjustment shall have the following powers and duties:

9.4.1

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administration official in the enforcement of this article or of any ordinance adopted pursuant thereto.

9.4.2

To hear and decide only such special exceptions as the board is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance.

9.4.3

To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until a written application for a variance is submitted demonstrating all of the following:

1.

That special conditions and circumstances exist which are peculiar to the lands, structures, or buildings involved and which are not applicable to other lands, structure, or buildings in the same district.

2.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

3.

That the special conditions and circumstances do not result from the actions of the applicant.

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. The board of adjustment shall not grant a variance to permit a use expressly or by implication prohibited by the terms of this ordinance in said district.

9.4.4

In exercising the above-mentioned powers, such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance.

Any party aggrieved by any final judgment or decision of the board of adjustments, may, within 15 days thereafter appeal the judgment or decision to the circuit court and file with the board a written notice of appeal specifying the judgment or decision from which the appeal is taken.