A board of adjustment is hereby established which shall consist of five members who shall be residents of the town and who shall have knowledge of and experience in the problems of urban and rural development, and who, at the time of appointment, shall not be candidates-elect for or incumbents of an elective public office. The mayor, with consent of the council, shall appoint four members for terms of four years, provided that the terms of the original members shall be established in a manner that one shall expire each year, and one member who shall be chairman and who shall be appointed by the mayor, with consent of council, and shall serve at the pleasure of the mayor. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

1.

Proceedings of the board of adjustment. The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. 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 a public record and be immediately filed in the offices of the board.

2.

Hearings; appeals; notice. Appeals to the board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice as required by section 14 of this ordinance as well as due notice to the parties in interest, and hold the public hearing within 30 days from the date of filing of the notice of appeal. At the hearing, any party may appear in person or by agent or attorney. The board shall then decide the appeal within 45 days from the time of the hearing.

3.

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

(Ord. of 8-16-93(2), §§ 1, 2)