(a) To hear and decide upon appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by the Zoning Administrator or his/her designee regarding the enforcement of this Chapter.

(b) To hear and decide upon requests for special exceptions or for interpretations of zoning maps or for decisions upon other special questions upon which the Board is authorized by this Chapter to pass.

(c) The Board is authorized to decide whether a special exception should be granted; to grant special exceptions with such conditions and safeguards as are appropriate under this Chapter; and to deny special exceptions which are not in harmony with the purpose or intent of this Chapter.

(d) To authorize variances from the strict application of this Chapter, so as to relieve difficulties or hardships where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this Chapter or amendment thereof, or by the location of existing structures on the property, or by other extraordinary and exceptional situations or condition of such piece of property, the strict application of a zoning regulation would result in peculiar or exceptional and undue hardship upon the owner of such property; provided however, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Chapter or the zoning map.

(e) To permit home occupations which do not meet the requirements of this Chapter. (Ord. 2019-07-08 §1)

(a) Regular meetings of the Board shall be held on the first Tuesday of each month at 7:00 p.m. or as soon as possible thereafter.

(b) Special meetings shall be held at the call of the Chair or the Mayor and at such other times as the Board may determine in its rules of procedure.

(c) All Board meetings shall be open to the public.

(d) A quorum for the Board shall consist of three (3) members.

(e) The members of the Board shall attend meetings of the Board in person.

(f) The Chair or, in his or her absence, the Vice-Chair or the acting Chair, may administer oaths and compel the attendance of witnesses.

(g) The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact; and it also shall keep records of its examinations and other official actions, all of which should be filed immediately with the Town Clerk and made a public record.

(h) The concurring vote of three (3) members of the Board shall be required to reverse any order, requirement or decision of determination by the Zoning Administrator to decide in favor of the applicant on any matter which it is required to pass under this Chapter. (Ord. 2019-07-08 §1)

(a) The applicant shall submit a complete application a minimum of thirty (30) days prior to the date of the Board meeting at which the applicant wishes to be heard.

(b) When an appeal is filed, the Zoning Administrator shall forthwith transmit to the Board all documents pertaining to the case.

(c) An application for a variance, special exception or appeal may be filed by any person on a form provided by the Town, and shall include the following information:

(d) When the application is deemed complete by the Zoning Administrator, the applicant shall be notified of the date when the case will be heard, via written notice sent by first-class mail, postage prepaid, to the address given on the application.

(e) The Zoning Administrator may request comments from any affected State and public agencies prior to the consideration of any application by the Board.

(f) The Zoning Administrator shall review the application and prepare a report for the Board.

(g) Not less than fifteen (15) days’ notice of the time and place of the hearing before the Board shall be given by posting at least one (1) sign in a prominent place on the subject property. The Zoning Administrator shall determine the number and location of signs.

(h) The applicant and any resident who supports or opposes the variance, special exception or appeal may be heard at such hearing in person, by agent, or by attorney. (Ord. 2019-07-08 §1)

(a) Every decision of the Board shall be made in the form of a resolution approving, approving with conditions or denying the request, and indicating the reasons of the Board therefor, which resolution shall be recorded by the Town Clerk.

(b) No application dismissed or denied may be heard again except on a motion to reconsider the vote or on a request for rehearing. No request for a rehearing shall be granted unless new evidence is submitted which could not have been with due diligence presented at the previous hearing. (Ord. 2019-07-08 §1)

(a) The Board finds that it is empowered under this Chapter to grant the special exception and that the granting of the special exception will not adversely affect the public interest.

(b) The Board finds that the special exception complies with all applicable regulations, and that satisfactory provisions and arrangements have been made concerning the following, where applicable:

(a) In addition to all other information required by this Article, an application for a special exception for a group home shall include the following:

(b) In addition to all other findings required by this Article, in the case of a group home, the Board shall make the following findings:

(c) A special exception for a group home shall be granted for the term of the group home license or for such shorter period of time as the Board finds appropriate under the circumstances of the case, but in no event a period of less than two (2) and no more than five (5) years.

(d) Upon receiving an application for renewal of any special exception for a group home, the Zoning Administrator shall review Town files to determine if the Town has received any written complaints regarding the operation of the group home during the term of the special exception. In addition, the Zoning Administrator shall inquire of the group home licensing agency to determine whether the licensing agency has received any such complaints and, if so, the nature of such complaints. If any such complaints have been received, the application for renewal shall be heard before the Board under the same requirements for a new special exception. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the special exception under the same conditions and duration as the original special exception. (Ord. 2019-07-08 §1)

(a) The Board may issue special exceptions for temporary structures and uses on certain properties; provided, that such temporary structures and uses are not contrary to the public interest and meet the following requirements:

(b) A special exception for a temporary structure or use shall be granted for a period of time as the Board finds appropriate under the circumstances of the individual case, but in no event a period of over one (1) year.

(c) Upon application for renewal of a special exception for a temporary structure or use, the Zoning Administrator shall review the Town files to determine if the Town has received any written complaints regarding the temporary structure or use during the term of the special exception. If any such complaints have been received, the application for renewal must be heard before the Board under the same requirements for a new special exception. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the special exception under the same conditions and duration as the original special exception. A maximum of three (3) total years, beginning from the date of the first special exception was granted, shall be allowed.

(d) The Board may, at the time of approval of a special exception, establish restrictions on location, height, setbacks, water and sewer facilities, public improvements, and impose any other restrictions deemed necessary to protect the health, safety, and welfare of the Town. (Ord. 2019-07-08 §1)

(a) The Board may authorize, upon application, variances from the terms of this Chapter if the applicant demonstrates and the Board finds each of the following:

(b) No nonconforming use of neighboring lands, structures, or buildings in the same zone district, and no permitted nonconforming use of lands, structures or buildings in other zone districts shall be considered grounds for the issuance of a variance.

(c) In granting any variance, the Board may prescribe appropriate conditions and safeguards. It shall be unlawful for any person who is the owner, possessor, or occupant of any property which has received a variance to fail to comply with such conditions or safeguards. The Board may revoke or terminate any variance for failure to comply with such conditions.

(d) Except as expressly permitted in Section 16.10.125, under no circumstances shall the Board grant a land or use variance to permit the use of any land, structure or building which is not permitted by this Chapter in the zone district in question or to alter the density requirements in the zone district in question. (Ord. 2019-07-08 §1)

(a) In enacting this Section, it is the Town Council’s intent to enhance the ability of property owners owning property with nonconforming residential structures that predate July 23, 2001, the date certain zoning restrictions were enacted by Ordinance No. 2001-10, to obtain loans and financing on their property while also minimally deviating from the zoning requirements imposed by this Chapter.

(b) For purposes of this Section “nonconforming residential structures” means interior space finished for human habitation that is the primary residential dwelling on the lot or that is physically separate from the primary residential dwelling on the lot and that is not otherwise permitted under this Code.

(c) Owners of nonconforming residential structures may apply for a special variance, which the Board may approve if the applicant demonstrates and the Board finds to its satisfaction that each of the following criteria are met:

(d) Any special variance granted shall be limited to specifically include the following condition: as of the date of granting of the application for the special variance, the residential structure shall not be expanded or enlarged and shall not be moved from its current location. (Ord. 2019-07-08 §1)

(a) The Board shall have the power to authorize in specific cases home occupation variances, as long as such variances are not contrary to the public interest.

(b) Variances for home occupations shall be subject to the following restrictions in addition to those restrictions set forth in Section 16.10.120:

(c) Upon application for renewal of any home occupation variance, the Zoning Administrator shall review the Town files to determine if the Town has received any written complaints regarding the home occupation during the term of the variance. If any complaints have been received, the application for renewal shall be heard by the Board under the same requirements for a new variance. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the variance under the same conditions and duration as the original variance. (Ord. 2019-07-08 §1)

(a) To hear and decide upon appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by the Zoning Administrator or his/her designee regarding the enforcement of this Chapter.

(b) To hear and decide upon requests for special exceptions or for interpretations of zoning maps or for decisions upon other special questions upon which the Board is authorized by this Chapter to pass.

(c) The Board is authorized to decide whether a special exception should be granted; to grant special exceptions with such conditions and safeguards as are appropriate under this Chapter; and to deny special exceptions which are not in harmony with the purpose or intent of this Chapter.

(d) To authorize variances from the strict application of this Chapter, so as to relieve difficulties or hardships where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this Chapter or amendment thereof, or by the location of existing structures on the property, or by other extraordinary and exceptional situations or condition of such piece of property, the strict application of a zoning regulation would result in peculiar or exceptional and undue hardship upon the owner of such property; provided however, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Chapter or the zoning map.

(e) To permit home occupations which do not meet the requirements of this Chapter. (Ord. 2019-07-08 §1)

(a) Regular meetings of the Board shall be held on the first Tuesday of each month at 7:00 p.m. or as soon as possible thereafter.

(b) Special meetings shall be held at the call of the Chair or the Mayor and at such other times as the Board may determine in its rules of procedure.

(c) All Board meetings shall be open to the public.

(d) A quorum for the Board shall consist of three (3) members.

(e) The members of the Board shall attend meetings of the Board in person.

(f) The Chair or, in his or her absence, the Vice-Chair or the acting Chair, may administer oaths and compel the attendance of witnesses.

(g) The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact; and it also shall keep records of its examinations and other official actions, all of which should be filed immediately with the Town Clerk and made a public record.

(h) The concurring vote of three (3) members of the Board shall be required to reverse any order, requirement or decision of determination by the Zoning Administrator to decide in favor of the applicant on any matter which it is required to pass under this Chapter. (Ord. 2019-07-08 §1)

(a) The applicant shall submit a complete application a minimum of thirty (30) days prior to the date of the Board meeting at which the applicant wishes to be heard.

(b) When an appeal is filed, the Zoning Administrator shall forthwith transmit to the Board all documents pertaining to the case.

(c) An application for a variance, special exception or appeal may be filed by any person on a form provided by the Town, and shall include the following information:

(d) When the application is deemed complete by the Zoning Administrator, the applicant shall be notified of the date when the case will be heard, via written notice sent by first-class mail, postage prepaid, to the address given on the application.

(e) The Zoning Administrator may request comments from any affected State and public agencies prior to the consideration of any application by the Board.

(f) The Zoning Administrator shall review the application and prepare a report for the Board.

(g) Not less than fifteen (15) days’ notice of the time and place of the hearing before the Board shall be given by posting at least one (1) sign in a prominent place on the subject property. The Zoning Administrator shall determine the number and location of signs.

(h) The applicant and any resident who supports or opposes the variance, special exception or appeal may be heard at such hearing in person, by agent, or by attorney. (Ord. 2019-07-08 §1)

(a) Every decision of the Board shall be made in the form of a resolution approving, approving with conditions or denying the request, and indicating the reasons of the Board therefor, which resolution shall be recorded by the Town Clerk.

(b) No application dismissed or denied may be heard again except on a motion to reconsider the vote or on a request for rehearing. No request for a rehearing shall be granted unless new evidence is submitted which could not have been with due diligence presented at the previous hearing. (Ord. 2019-07-08 §1)

(a) The Board finds that it is empowered under this Chapter to grant the special exception and that the granting of the special exception will not adversely affect the public interest.

(b) The Board finds that the special exception complies with all applicable regulations, and that satisfactory provisions and arrangements have been made concerning the following, where applicable:

(a) In addition to all other information required by this Article, an application for a special exception for a group home shall include the following:

(b) In addition to all other findings required by this Article, in the case of a group home, the Board shall make the following findings:

(c) A special exception for a group home shall be granted for the term of the group home license or for such shorter period of time as the Board finds appropriate under the circumstances of the case, but in no event a period of less than two (2) and no more than five (5) years.

(d) Upon receiving an application for renewal of any special exception for a group home, the Zoning Administrator shall review Town files to determine if the Town has received any written complaints regarding the operation of the group home during the term of the special exception. In addition, the Zoning Administrator shall inquire of the group home licensing agency to determine whether the licensing agency has received any such complaints and, if so, the nature of such complaints. If any such complaints have been received, the application for renewal shall be heard before the Board under the same requirements for a new special exception. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the special exception under the same conditions and duration as the original special exception. (Ord. 2019-07-08 §1)

(a) The Board may issue special exceptions for temporary structures and uses on certain properties; provided, that such temporary structures and uses are not contrary to the public interest and meet the following requirements:

(b) A special exception for a temporary structure or use shall be granted for a period of time as the Board finds appropriate under the circumstances of the individual case, but in no event a period of over one (1) year.

(c) Upon application for renewal of a special exception for a temporary structure or use, the Zoning Administrator shall review the Town files to determine if the Town has received any written complaints regarding the temporary structure or use during the term of the special exception. If any such complaints have been received, the application for renewal must be heard before the Board under the same requirements for a new special exception. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the special exception under the same conditions and duration as the original special exception. A maximum of three (3) total years, beginning from the date of the first special exception was granted, shall be allowed.

(d) The Board may, at the time of approval of a special exception, establish restrictions on location, height, setbacks, water and sewer facilities, public improvements, and impose any other restrictions deemed necessary to protect the health, safety, and welfare of the Town. (Ord. 2019-07-08 §1)

(a) The Board may authorize, upon application, variances from the terms of this Chapter if the applicant demonstrates and the Board finds each of the following:

(b) No nonconforming use of neighboring lands, structures, or buildings in the same zone district, and no permitted nonconforming use of lands, structures or buildings in other zone districts shall be considered grounds for the issuance of a variance.

(c) In granting any variance, the Board may prescribe appropriate conditions and safeguards. It shall be unlawful for any person who is the owner, possessor, or occupant of any property which has received a variance to fail to comply with such conditions or safeguards. The Board may revoke or terminate any variance for failure to comply with such conditions.

(d) Except as expressly permitted in Section 16.10.125, under no circumstances shall the Board grant a land or use variance to permit the use of any land, structure or building which is not permitted by this Chapter in the zone district in question or to alter the density requirements in the zone district in question. (Ord. 2019-07-08 §1)

(a) In enacting this Section, it is the Town Council’s intent to enhance the ability of property owners owning property with nonconforming residential structures that predate July 23, 2001, the date certain zoning restrictions were enacted by Ordinance No. 2001-10, to obtain loans and financing on their property while also minimally deviating from the zoning requirements imposed by this Chapter.

(b) For purposes of this Section “nonconforming residential structures” means interior space finished for human habitation that is the primary residential dwelling on the lot or that is physically separate from the primary residential dwelling on the lot and that is not otherwise permitted under this Code.

(c) Owners of nonconforming residential structures may apply for a special variance, which the Board may approve if the applicant demonstrates and the Board finds to its satisfaction that each of the following criteria are met:

(d) Any special variance granted shall be limited to specifically include the following condition: as of the date of granting of the application for the special variance, the residential structure shall not be expanded or enlarged and shall not be moved from its current location. (Ord. 2019-07-08 §1)

(a) The Board shall have the power to authorize in specific cases home occupation variances, as long as such variances are not contrary to the public interest.

(b) Variances for home occupations shall be subject to the following restrictions in addition to those restrictions set forth in Section 16.10.120:

(c) Upon application for renewal of any home occupation variance, the Zoning Administrator shall review the Town files to determine if the Town has received any written complaints regarding the home occupation during the term of the variance. If any complaints have been received, the application for renewal shall be heard by the Board under the same requirements for a new variance. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the variance under the same conditions and duration as the original variance. (Ord. 2019-07-08 §1)