Change in the nonconforming use of buildings or land.

Occupancy of any vacant land for any purpose except the raising of crops.

Excavation, removal and filling of land.

Rock crusher and stock pile operations.

Establishment of a professional office or other home occupancy in a dwelling as permitted by this chapter.

Signs.

Interpretation. To decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

Special permits. To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals.[2]

Variances. To vary or adapt to the strict application of any of the requirements of this chapter in any case where strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; the requested use variance, if granted, will not alter the essential character of the neighborhood; and the alleged hardship has not been self-created. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some methods, feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable, including but not limited to the duration of such a granted variance.

The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Zoning Board of Appeals shall be in writing on forms prescribed by the Board, and accompanied by an application fee. Every appeal or application shall refer to the specific provisions of the law involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

At least 20 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.

Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.

By the imposition of a fine not exceeding $350 or imprisonment for a period not exceeding six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350 nor more than $700, or imprisonment for a period not exceeding six months, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 nor more than $1,000, or imprisonment for a period not exceeding six months, or both; or

By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.

Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.