The board of adjustment shall consist of five members appointed by the board of trustees, one of whom shall be a current member of the planning and zoning commission. The board of trustees shall also appoint two alternate members, any one of whom shall service, as designated by the chairman of the board of adjustment, in the absence of a member or when a member, in considering and ruling on a particular proceeding, would have a conflict of interest. All provisions of this title applicable to members shall, to the same extent, be applicable to alternate members.

(Ord. 13, Series of 1980 § 11.01 (part))

The board of trustees may remove, by majority vote of the entire board of trustees, with prior notice but without necessity of hearing, any member of the board of adjustment, for inefficiency, neglect of duty or malfeasance in office.

(Ord. 12, Series of 1984 § 3: Ord. 13, Series of 1980 § 11.01 (part))

All members of the board of adjustment shall be bona fide residents of the town, and if any member ceases to reside in the town, his membership shall immediately and automatically terminate. All members of the board of adjustment shall serve as such without compensation.

(Ord. 12, Series of 1984 § 4: Ord. 13, Series of 1980 § 11.01 (part))

The terms of office of each member shall be three years, commencing with the date of appointment following the effective date of the ordinance codified at this chapter, which ordinance was adopted July 28, 1980. Vacancies on the board of adjustment shall be filled for the unexpired term in the same manner as the initial appointment.

(Ord. 13, Series of 1980 § 11.01 (part))

The board of adjustment shall elect from its membership a chairman, secretary and such other officers as it may deem necessary during its first meeting of each calendar year and adopt such rules as may be necessary for conducting its business.

(Ord. 13, Series of 1980 § 11.01 (part))

A.

Meetings of the board of adjustment shall be held at the call of the chairman.

B.

All meetings shall be open to the public.

C.

The membership of the board of adjustment shall be notified at least twenty-four hours prior to the time of the meetings.

D.

The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the town clerk and shall be a public record.

(Ord. 13, Series of 1980 § 11.01 (part))

A.

The concurring vote of a majority of all members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official charged with the enforcement of this title, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation of this title.

B.

On all appeals, applications and other matters brought before the board of adjustment, the board of adjustment shall promptly cause to be informed, in writing, all the parties involved of its decisions and the reasons therefor.

(Ord. 12, Series of 1984 § 5: Ord. 13, Series of 1980 § 11.02)

A.

Appeals to the board of adjustment may be taken by any person aggrieved by any order, requirement, decision or determination of any such administrative official.

B.

Such appeal shall be taken within thirty days by filing with both the officer from whom the appeal is taken and the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

C.

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

D.

An application for variance must be submitted on forms provided by the town, with a submittal fee. The board of trustees shall set the fee for variance per this chapter annually by resolution, or as often as necessary, in the board's sole discretion.

E.

The applicant for variance or any other action under this chapter shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the variance application.

(Ord. 4-01 (part))

(Ord. No. 8-2012, § 9, 4-23-2012)

A.

The board of adjustment shall have the power and duty to authorize, upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the title will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the title is observed, public safety and welfare secured and substantial justice done.

B.

Such variance may be granted upon a finding by the board of adjustment that the following conditions exist:

1.

There are extraordinary and exceptional conditions pertaining to the particular place or property in question, because of its size, shape or topography, that are not applicable to other lands or structures in the same district;

2.

Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located;

3.

A literal interpretation of the provisions of this title would deprive the applicant of permitted rights commonly enjoyed by other residents of the district in which the property is located;

4.

The requested variance will be in harmony with the purpose and intent of this title and will not be injurious to the neighborhood or to the general welfare;

5.

The special circumstances are not the result of the actions of the applicant;

6.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure;

7.

The variance is not a request to permit a use of land, building or structure which is not permitted by right or by special use permit in the district involved.

(Ord. 13, Series of 1980 § 11.04.02 (part))

In granting the variance contemplated in Section 17.84.100, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation which shall be punishable under Chapter 1.12.

(Ord. 13, Series of 1980 § 11.04.02 (part))

The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance.

(Ord. 13, Series of 1980 § 11.04.02 (part))

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the town, may, within thirty days after the board of adjustment renders its decision, but not thereafter, present to a court of competent jurisdiction a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of illegality and containing any other matters as required by law, whereupon such decision of the board of adjustment shall be subject to review by certiorari as provided by law.

(Ord. 13, Series of 1980 § 11.05)