(a)

The Board of Adjustment shall have the following powers and duties, all of which shall be exercised subject to the laws of the State and subject to appropriate conditions and safeguards, in harmony with the purpose and intent of this Chapter and in accordance with the public interest and the most appropriate development of the area:

(1)

To hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official charged with enforcement of the regulations established by this Chapter.

(2)

To hear and decide requests for special exceptions as referred to the Board of Adjustment in other sections of this Chapter.

(3)

To authorize upon appeal in specific cases variances from the terms of the Chapter where, by reason of exceptional shape, size or topography of lot, or other exceptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to owners of said property from a strict enforcement of this Chapter.

(b)

A concurring vote of four members is needed to reverse any order, requirement, etc., of the administrative official charged with enforcing this Chapter; to decide in favor of any applicant on any matter upon which the Board of Adjustment is required to pass under this Chapter; or to effect any variation in this Chapter.

(Prior Code, § 6-14A; Ord. No. 2016-4, § 1, 8-29-2016)

The Board of Adjustment shall hold a public hearing on all applications and appeals with the following special conditions required:

(1)

For applications for variances relating to the use requirements of this Chapter, a written notice of the hearing shall be sent by first-class mail at least ten days, or delivered personally at least seven days, prior to the hearing date, to owners of property within 300 feet of the property in question. The names of such owners shall be provided by the applicant.

(2)

For applications for variances not relating to the use requirement of this Chapter, a written notice of the hearing shall be sent by first-class mail at least ten days, or delivered personally at least seven days, prior to the hearing date to owners of property adjacent to the property in question. The names of such owners shall be provided by the applicant.

(3)

All applications for variances relating to the use requirements of this Chapter shall be accompanied by a deposit for advertising as required by the Town Clerk and a fee as set forth in the Town Fee Schedule or otherwise established by ordinance or regulation.

(4)

Unless otherwise stated in the Board of Adjustment minutes, resolution or order of the Board of Adjustment, all variance permits shall be valid in perpetuity.

(Prior Code, § 6-14B; Ord. No. 2016-4, § 1, 8-29-2016)