4.1.1.

Establishment. A zoning board of adjustments and appeals (hereinafter called board) is hereby established, which shall perform its duties as provided by law in such a way that the objectives of this ordinance shall be observed, public health, safety and welfare secured, and substantial justice done.

4.1.2.

Membership, terms of office. The board shall consist of five regular members appointed by the town council and who shall serve without compensation. The first five members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. Thereafter, all succeeding members of said board shall be appointed for a term of three years. In addition to the regular board members, the town council shall appoint two additional members, to be designated as alternate #1 and alternate #2, to serve in that order at meetings of the board when necessary for any reason and to have at all times four voting members on said board as a quorum. Alternate members shall serve for two years, but of the first appointed alternate members, one shall serve for one year and one shall serve for two years. Thereafter, alternate members shall be appointed for two-year terms. Vacancies in the board membership by resignation, illness or other causes shall be filled by the town council for the unexpired term of the member involved. Members of the board may be removed from office by the town council upon written charges and after public hearing. The board shall select its own chairman and vice-chairman on an annual basis. In lieu of a separate board, the town council may act as the board.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

4.2.1.

Rules of procedure. The board shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The board shall choose its chairman and, in his absence, an acting chairman.

4.2.2.

Meetings. Meetings shall be held at the call of the chairman and at such times as the board may determine. All meetings by the board shall be open to the public.

4.2.3.

Records. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the town clerk and shall be made available to the general public. The town clerk shall act as secretary to the board, and all records of the board's action shall be taken and recorded under his direction.

4.2.4.

Fees. The town council shall establish by resolution a schedule of fees, charges, and expenses, and a collection procedure for appeals, special exceptions, variances, and other matters coming before the board. No appeal shall be granted nor any special exception or variance issued unless the prescribed fees, charges, or expenses have been paid in full, nor shall any action be taken on such proceedings before the board unless the prescribed fees, charges, or expenses have been paid in full.

4.2.5.

Counsel. The town attorney shall act as legal counsel for the board and shall be present at meetings upon request by the board.

4.2.6.

Hearings. When a notice of appeal specifying the grounds hereof has been filed in proper form with the board, the secretary shall immediately place the said request for appeal on the calendar for hearing, and shall cause notices stating the time, place, and object of hearing to be served personally or by mail addressed to the parties making the request for appeal, at least five days prior to the date of the scheduled hearing. All notices shall be sent to the address stated on the application form. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The board may recess such hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment of the board hearing, no further notice shall be required.

4.2.7.

Decisions. The board shall return a decision upon each case within 120 days after a request or appeal has been filed, unless a further time is agreed upon in writing with the parties concerned.

4.2.8.

Majority vote. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this ordinance or to effect any variation in this ordinance.

4.2.9.

Hearing or meeting notices. The meeting time and place shall be posted on the town bulletin board and such other legal notice and advertisement as required by law shall be given. Cost of publications shall be borne by the applicants.

4.2.10.

Judicial review. Anyone aggrieved by a decision of the board may file a petition for writ of certiorari to the circuit court within 30 days of the rendition of the decision.

(Ord. No. 42, § 1, 10-5-1978; Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

4.3.1.

Appeals [process]. Appeals to the board may be made by any person aggrieved, or by any officer, department, or board of the town. Any appeal from the ruling of the administrator concerning the enforcement of the provisions of this ordinance shall be made to the board within ten days after the date of the mailing of the administrator's decision. Such appeal shall be filed with the secretary of the board and with the administrator, who shall immediately transmit to the secretary of the board all papers constituting the record upon which the action appealed from was taken.

4.3.2.

Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrator certifies to the board after notice of appeal has 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 which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or, on application, by a court of record.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

The board shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation or variance.

4.4.1.

Review. The board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the administrator or by any other official in administering or enforcing any provisions of this ordinance.

4.4.2.

Interpretation. The board shall have the power to:

(1)

Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the ordinance.

(2)

Determine the precise location of the boundary lines between zoning districts.

4.4.3.

Variances. The board shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided all of the conditions listed hereafter can be satisfied:

(1)

Basic conditions. Any variance granted from this ordinance:

(a)

Will not be contrary to the public interest or to the intent and purpose of this ordinance.

(b)

Shall not permit the establishment within a district of any use which is not permitted by right or special exception within that zone district.

(c)

Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

(d)

Will relate only to property that is under control of the applicant.

(e)

Where there are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this ordinance, these hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.

(f)

Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property that do not generally apply to other property or uses in the same zoning district, such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this ordinance.

(g)

Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

(2)

Reserved.

(3)

Rules. The following rules shall be applied in the granting of variances:

(a)

The board may specify, in writing, such conditions regarding the character, location, and other features that will, in its judgment, secure the objectives and purpose of this ordinance. The breach of any such condition shall automatically invalidate the permit granted.

(b)

Each variance granted under the provisions of this ordinance shall become null and void unless the construction authorized by such variance or permit has been commenced within six months after the granting of the variance; and the occupancy of land, premises, or buildings authorized by the variance has taken place within one year after the granting of the variance.

(c)

No application for a variance which has been denied wholly or in part by the board shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of the newly discovered evidence or proof of changed conditions found upon inspection by the board to be valid.

4.4.4.

Reserved.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

Editor's note—

Ordinance No. 51, § 1, adopted February 17, 1983, amended app. A, by deleting the provisions of former section 4.5, providing for the power of the board of appeals with regards to essential public services, and which derived from the zoning ordinance adopted January 28, 1977.

4.6.1.

Bond authorized. In authorizing any variance, or in granting any conditional, temporary or special approval permits, the town may require that a bond be furnished to insure compliance with the requirements, specifications and conditions imposed with the grant of variance or permit and to insure [ensure] the discontinuance of a temporary use by a stipulated time.

(Ord. No. 57, § 1, 8-1-1985)