A.

Appeals to the board of adjustment concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or department of the town affected by any decision of the zoning administrator.

B.

Appeals to be considered by the board shall be filed with the zoning administrator on forms furnished for the purpose within fifteen (15) days after the action appealed from, and shall specify the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which action appealed from is taken.

C.

The appeal stays all proceedings in the matter appealed from, unless the zoning administrator certifies to the board that, by reason of the facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board, or by a court of record on application and notice to the zoning administrator.

D.

The board shall hear the appeal within thirty (30) days, and shall give notice of hearing by publication of a notice in the official newspaper of the town and by posting the property affected not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered.

E.

The board may reverse, affirm or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary.

F.

Any party may appear at the hearing in person or by agent or attorney. Parties shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts. The board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence and in furtherance of this policy may limit cross-examination.

G.

Any aggrieved person may appeal to the board of adjustment of a variance from the terms of the zoning ordinance only because of special circumstances applicable to property, including its size, shape, topography, location or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other priorities in the zone in which such property is located.

H.

A variance shall not be granted by the board unless the alleged hardship caused by literal interpretation of the provision of this title results in more than personal inconvenience and/or financial hardship, and is not the result of actions of the appellant.

I.

In granting variance, the board may impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this title will be fulfilled. Failure to comply with such conditions and safeguards, when made a part of the terms under which a variance is granted shall be deemed a violation of this title.

J.

No nonconforming use or violation of this title with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance.

K.

Every variance granted shall be personal to the applicant therefor and shall be transferred and shall run with the land only after completion of any authorized structure or structures.

L.

Nothing herein contained shall be construed to empower the board to change the terms of this title, to authorize uses which violate any other town ordinance, to affect changes in the zoning map, or to add to or change the uses permitted in any zoning district.

(Ord. 2007-004 § 1 (part))

A.

Upon filing an application for appeal or a variance the applicant shall pay a filing fee in an amount established by a schedule adopted by resolution of the council and filed in the offices of the town clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is the town, county, state or federal government.

B.

In the case of an appeal for a variance to more than one provision of this title, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule.

(Ord. 2007-004 § 1 (part))

The decision of the board shall be final, provided however, that any person aggrieved by a decision of the board or a municipal officer, may at any time within thirty (30) days after the filing of the decision in the office of the board, petition the court for a writ of certiorari for review of the board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, on notice to the board, and for good cause shown, grant a restraining order, and on final hearing may reverse or affirm, wholly or partly, or may modify the decision reviewed.

(Ord. 2007-004 § 1 (part))