The planning commission shall act as the board of adjustment. The procedures and requirements set forth in the following sections shall govern public hearings before the board of adjustment and actions on matters requiring public hearings.

(Ord. 1967-80 § 1 (6929), 1967)

The secretary of the board of adjustment shall set a reasonable time and place for the public hearing which shall be held not less than twenty-one nor more than fifty-five days after the receipt of the application or necessary documents pertaining to or requiring a public hearing unless different time limits are specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6929.1), 1967)

Public notice of hearing shall set forth the description of the property and the nature of the matter under consideration and the time and place at which the public hearing on the matter will be held. The notice shall bear the following words as the case may be:

A.

Public hearing on the appeal from decision of administrative officials—The words "Notice of Appeal";

B.

Public hearing on a variance—The words "Notice of Application for Variance."

(Ord. 1967-80 § 1 (6929.2), 1967)

All notices for public hearings before the board of adjustment shall be made in accordance with requirements in Section 18.76.040.

(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1967-80 § 1 (6929.3), 1967)

The board of adjustment shall review the application or action and the reports of investigations as well as other evidence pertinent to any action to be taken. The board of adjustment shall hear all persons wishing to be heard relative to the subject matter for the public hearing. The applicant or appellant may appear in his own behalf or be represented by counsel or other duly authorized representative.

(Ord. 1967-80 § 1 (6929.4), 1967)

Any person interested in an application or appeal may, in advance of the hearing, request the secretary of the board of adjustment to provide for recording all testimony in a stenographic report. Such request shall be in writing and the person making the request shall agree to pay all costs involved in the taking and preparation of the stenographic report. If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this chapter shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses. The board of adjustment may, on its own motion, provide for the recording of testimony in a stenographic report within limits of funds available for such purposes.

(Ord. 1967-80 § 1 (6929.5), 1967)

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, the hearing will be continued, and no further notice is required. The secretary of the board of adjustment shall, within twenty-four hours, post a notice of adjournment at or near the meeting place door giving the date and time to which the meeting was adjourned.

(Ord. 1967-80 § 1 (6929.6), 1967)

The board of adjustment shall act within fourteen days after the conclusion of the public hearing. Action shall be by resolution which shall set forth the findings of the board of adjustment and any recommended conditions and any specific findings or recommendations specified under the chapter of this title dealing with the specific action. Any action shall be by a majority of all voting members. The decision of the board of adjustment is final on the fifteenth day at the close of business hours following the date of decision of the board of adjustment, unless the town council elects to review the decision or unless an appeal is filed.

(Ord. 2012-397 § 4, 2012; Ord. 1967-80 § 1 (6929.7), 1967)

Not later than five days following the action of the board of adjustment, the secretary of the board of adjustment shall notify the town clerk of the action taken. Not later than ten days following the rendering of a decision, a copy of the resolution shall be sent by certified mail or registered mail to the applicant at the address as shown on the application filed with the secretary of the board of adjustment, or in the case of an appeal, to the appellant at the address shown on the appeal filed with the secretary of the board of adjustment, and a copy of the resolution shall be forwarded to the official from whom the appeal was made, by the secretary of the board of adjustment. Other copies of the resolution shall be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6929.8), 1967)

The secretary of the board of adjustment shall make a record of the evidence presented at such public hearing unless a complete transcript is requested under Section 18.70.060. The record or transcript, together with the resolution announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6929.9), 1967)

The secretary of the board of adjustment shall transmit the complete record of all cases to the council upon request of the town clerk or council.

(Ord. 1967-80 § 1 (6929.10), 1967)