A board of adjustment is created. The board shall consist of five members and two alternate members. Three board members and one alternate member shall be appointed to staggered terms of three years by the town council. Two members and one alternate shall be appointed by the county board of commissioners. Members and alternates appointed by the town council shall be citizens of the county and residents of the town. Members appointed by the county board of commissioners shall be citizens of the county and residents of the extraterritorial jurisdiction of the town. Each alternate member while attending any meeting of the board and serving in the absence of a member shall have and may excise all powers and duties of a regular member. All appointments to fill vacancies shall be for the unexpired term. All members of the board of adjustment shall accept an oath of office to be administered by a notary public.

(Code 2002, § 18-271; Ord. of 1-5-1993, art. XI, § 1)

A quorum shall consist of four members of the board. The concurring vote of four-fifths of the total members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or decide in favor of the applicant any matter upon which it is required to pass under this article or to affect any variation of this article. On all appeals, applications and other matters brought before the board of adjustment, the board shall inform in writing all parties involved in its decision and the reasons for the decision.

(Code 2002, § 18-272; Ord. of 1-5-1993, art. XI, § 2)

(a)

Appeals from the enforcement and interpretation of this article and request for exception or variances shall be filed with the zoning administrator specifying the grounds. The zoning administrator shall transmit to the board of adjustment applications pertaining to such appeals, variances or exceptions. Such applications shall be filed with the zoning administrator not later than three weeks prior to the meeting of the board of adjustment at which the application is to be considered.

(b)

The board of adjustment shall hear the appeal after giving public notice, published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing.

(c)

An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of adjustment that a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by an order from the county superior court.

(Code 2002, § 18-273; Ord. of 1-5-1993, art. XI, § 3)

A fee set from time to time, and a schedule of such fees as established, shall be paid to the town for each application for a variance, exception or appeal to cover the necessary administrative costs and advertising.

(Code 2002, § 18-274; Ord. of 1-5-1993, art. XI, § 4)

The board of adjustment shall have the following powers:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning enforcement official in the enforcement of this article.

(2)

Special exceptions. To hear and decide only such exceptions as the board of adjustment is specifically authorized to pass on by this article.

(3)

Variances. To authorize upon appeal in specific cases 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 would result in unnecessary hardship. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. A variance from the terms of this article shall not be granted by the board of adjustment unless and until it shall make the following findings:

a.

That unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

b.

That the hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

c.

That the hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

d.

That the requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

Variances from any of the watershed protection provisions set forth in section 18-109(b)(15) may be granted by the board of adjustment only in accordance with the provisions of section 18-109(b)(15)g.

(4)

Construction. Upon granting of any favorable decision, special exception or variance resulting in the issuance of a certificate of zoning compliance, the permit must be obtained, and construction begun within 180 days of the date of the board of adjustment hearing, after which the decision of the board shall be null and void.

(Code 2002, § 18-275; Ord. of 1-5-1993, art. XI, § 5)

Appeal from the decisions of the board of adjustment shall be to the county superior court.

(Code 2002, § 18-276; Ord. of 1-5-1993, art. XI, § 6)