A board of adjustment is hereby created in accordance with state statutes governing such creation. The word "board" when used in this chapter shall mean board of adjustment. (Ord. 130, 12-29-1975)

The town council shall constitute the board of adjustment. (Ord. 130, 12-29-1975)

The mayor or, in his absence, the president of the town council, shall act as chairman, and the town clerk-treasurer shall act as clerk of the board. (Ord. 130, 12-29-1975)

   A.   Meetings Called: Meetings of such town council, as such board of adjustment, shall be held when called by the mayor or by any two (2) council members upon at least six (6) hours' written notice and may also be held immediately following the adjournment of any regular meeting of such town council.

   B.   Location: All of the board's meetings shall be held at the regular place of meeting of such town council.

   C.   Open To Public: All meetings of the board shall be open to the public. (Ord. 130, 12-29-1975)

The mayor or, in his absence, the president of the town council may administer oaths and compel the attendance of witnesses. (Ord. 130, 12-29-1975)

The board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not be in conflict with other laws, ordinances or resolutions. (Ord. 130, 12-29-1975)

The board shall keep minutes of its proceedings showing the description of evidence presented, the findings of fact by the board, decision of the board and the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board immediately and shall be a public record. (Ord. 130, 12-29-1975)

A majority of the board shall constitute a quorum for the transaction of business, and a concurring vote of a majority of the entire board shall be necessary to reverse any order, requirement, decision or determination of the building inspector or to decide in favor of the applicant upon any matter which it is required to pass under any such regulation or to effect any variation in such regulation. (Ord. 130, 12-29-1975)

The board shall have the following powers and jurisdiction:

   A.   Appeals: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of these regulations.

      1.   Right To Appeal: Appeals to the board may be taken by any person aggrieved, or by any officer, department, or bureau of the government effected by any decision of the building inspector.

      2.   Notice Of Appeal: Such appeals shall be taken within a reasonable time, as shall be prescribed by the board by general rule, by filing with the building inspector and with the secretary of the board a notice of appeal specifying the grounds thereof.

      3.   Transmittal Of Records: The building inspector shall forthwith transmit to the secretary of the board all papers constituting the record upon which the action appealed from is taken.

      4.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board, after the notice 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 a restraining order which may be granted by the board or by a court of record upon application or notice to the building inspector on good cause shown.

   B.   Variances: To authorize, in specific cases, a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to the special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship; provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done.

      1.   Showing By Applicant: The applicant must show that his property was acquired in good faith and where, by reason of exceptional narrowness, shallowness or shape of his specific piece of property at the time of the effective date of the district zoning regulations or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, the strict applications of the terms of the zoning regulations actually prohibit the use of his property in the manner similar to that of other property in the zoning district where it is located.

      2.   Approval; Criteria: A request for variance may be granted upon a finding of the board that all of the following conditions have been met. The board shall make a determination on each condition and the findings shall be entered in the records:

         a.   The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or applicant.

         b.   The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

         c.   The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

         d.   The variance desired will not adversely affect the public health, safety, order, convenience, prosperity or general welfare.

         e.   The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

   C.   Conditions Of Determination: In exercising the foregoing powers, the board, in conformity with the provisions of this title, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the officer from where the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

   D.   Hearings: Upon the hearing, any party may appear in person or by agent or by attorney.

   E.   Applications:

      1.   Request For Hearing: The procedure for requesting a hearing before the board shall be as follows:

         a.   Application; Form: All applications to the board shall be in writing on forms provided by the board.

         b.   Notice Of Hearing:

            (1)   Publication: The board shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the governing body) at least ten (10) days prior to the date fixed for the public hearing.

            (2)   Mail: A copy of the notice of the public hearing shall be sent to each party of interest and to the planning commission, if any be established.

            (3)   Posting: At least twenty (20) days prior to the date fixed for the public hearing, the applicant shall place in a conspicuous area on or near the property in question not less than one sign, of a minimum of two (2) square feet in area, containing notice of the time, place and subject of such hearing.

         c.   Filing Fee: An application shall be accompanied by a filing fee of seventy-five dollars ($75.00). Applicant is also responsible for all publication costs incurred by the Town to publish public notice.

      2.   Additional Information Required: In addition to the above requirements, certain applications require additional information as follows:

         a.   Appeals:

            (1)   An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the building inspector.

            (2)   A copy of the order, requirement, decision or determination of the building inspector which the appellant believes to be in error.

            (3)   A clear and accurate written description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant's position.

            (4)   Where necessary, a plot plan, drawn to scale, in duplicate, showing existing and proposed plans for the area in question shall be submitted.

         b.   Variances:

            (1)   The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the conditions as set forth in subsection B2 of this section.

            (2)   The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information which would be helpful to the board in consideration of the application. (Ord. 130, 12-29-1975; amd. 2002 Code; Ord. 354, 6-9-2021)

   A.   Imposition Of Additional Restrictions: In making any decision varying or modifying any provisions of the zoning regulations or in granting an exemption to the district regulations, the board shall impose such restrictions, terms, time limitations, landscaping and other appropriate safeguards to adjoining property.

   B.   Require Performance Bond: The board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of the cost for the improvements as determined by the board, and shall be enforceable by or payable to the governing body in the sum equal to the cost of constructing the required improvements.

   C.   Imposition Of Time Limitation: In lieu of the performance bond requirement, the board may specify a time limit for the completion of such required improvements, and in the event the improvements are not completed within the specified time, the board may declare the granting of the application null and void after reconsideration. (Ord. 130, 12-29-1975)

Any person, persons, department or departments of the government jointly or separately aggrieved by any decision of the board may present to the district court having jurisdiction, a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days after the date of filing the decision in the office of the board. (Ord. 130, 12-29-1975)