The board of adjustment shall be the town board. Such board of adjustment shall hereinafter be referred to as the "board."

(Ord. 104 Art. 16 §1, 1982)

Variations from the regulations of this title shall be granted only in accordance with the standards set out in this chapter and may be granted in at least the following instances:

A.

To vary the applicable lot area, lot width, and lot depth requirements;

B.

To vary the applicable bulk regulations, including maximum height, and minimum yard requirements;

C.

To vary the regulations relating to restoration of damaged or destroyed nonconforming uses or structures;

D.

To permit the expansion or structural alteration of nonconforming structures or uses.

(Ord. 104 Art. 16 §2, 1982)

A.

The board shall decide on any matter within thirty days after the date of hearing thereon.

B.

Any absent member of the board who certifies that he has read the transcript of the proceedings before the board may vote on any issue before the board. The concurring vote of four members of the board shall be necessary to grant a variation from the terms of this title.

C.

In granting any variance, the board may prescribe appropriate conditions and safeguards to preserve the spirit and intent of this title. Failure to comply with such conditions and safeguards, when made a part of the terms under which a variance is granted, shall be considered a violation of this title.

D.

Any further appeal from the decision of the board may be made to the courts as provided by law, provided that such appeal is made within sixty days following notification of the board's decision.

(Ord. 104 Art. 16 §3, 1982)