The planning commission shall consist of five members, each to be appointed by the town council. The town council shall designate, by resolution, the composition of the planning commission. The five members of the planning commission shall be residents of the town and owners of property within said town. At least three of the five members shall hold no other public office or position within the local jurisdiction. The town council shall appoint a representative from among its members to act as a liaison between the town council and the planning commission.

The terms of office for the five planning commission members shall be for two years, except that the first five appointments shall be two members appointed for one year and three members appointed for two years. Each appointment thereafter shall be for two years. The term of the office for the town councilmember designated liaison for the planning commission shall correspond to his tenure of office as a town councilmember.

Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the town council. The town council shall have the right to remove any member of the planning commission for misconduct and may remove any member for non-performance of duty. Non-performance of duty shall include a repeated failure to attend planning commission meetings.

The planning commission shall serve without compensation, except that the town council shall provide for reimbursement of the members of the planning commission for actual expenses incurred, upon presentation of proper receipts and vouchers.

The planning commission shall elect a chairman and a pro-temp from among its members, whose terms shall be for one year. The planning commission chairman shall vote only in case of a tie.

The planning commission may adopt rules of procedure as it may deem necessary for the proper conduct of its business. The planning commission shall keep a record of its procedures, such records shall be open to inspection by the public at all reasonable times.

A quorum shall consist of three members and a chairman. Evidence shall not be presented unless a quorum is present. A majority vote is constituted of at least a majority of members present.

The planning commission may, upon the approval of the town council employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this article, providing that such expenditures may not exceed the amount appropriated for the operation of the planning commission by the town council.

The board of adjustment shall consist of five members, each to be appointed by the legislative body for the term of five years, provided that the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Not more than two members of the planning commission shall be members of the board of adjustments.

The board of adjustment shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of this article upon which such board is required to pass under provisions of this article.

(3)

To authorize upon appeal such variance from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; provided, that the spirit of this article shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:

a.

The variance will not substantially adversely affect the comprehensive plan of zoning and that adherence to the strict letter of this article will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the zoning plan;

b.

Special circumstances are attached to the property covered by the application which do not generally apply to other property in the same district;

c.

That because of said special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and

d.

That the granting of the variance is essential to the enjoyment of a substantial property right that is possessed by other property in the same district.

The concurring vote of three members of the board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under this article, or to affect any variation in the provisions of this article.

In exercising the above-mentioned powers such board may, in conformity with the provisions of this chapter, 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 board shall adopt rules for the regulation of its procedure and the conduct of its duties not inconsistent with the provisions of this article or of the state law. Such rules, to become effective, shall first be approved by the town board.

The town or any person aggrieved by any decision of the board of adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within 30 days after the filing of such decision in the office of the town board.