(a)

A board of adjustment is hereby established. The membership of the board of adjustment, the terms of office, and the rights and duties of the board shall be as provided in title 33, section 4727 of the Revised Statutes. Pending appointment of board of adjustment members, the town council shall act as the board of adjustment.

(b)

The board shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held, at the call of the chairman, and at such other times as the board may determine. Such chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question.

(c)

Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer of the town affected by any decision of the building official. Such appeal shall be taken as provided in title 33, section 4727 of the Revised Statutes. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. of 6-3-75, § 7.103)

The powers of the board of adjustment shall be:

(a)

To interpret the chapter, being:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the building official or in the enforcement of this chapter.

(2)

To permit the extension of a district where the boundary line of a district divides a lot or separate tract with an area of less than one acre held in single ownership as of June 3, 1975.

(3)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter where the street layout on the ground varies from the street layout as shown as the map aforesaid.

(b)

To permit the following two (2) exceptions:

(1)

Use of premises for railroad purposes; provided that, the board shall find some compelling necessity for the use, and that any office, repair, storage or garage uses are accessory to the main use.

(2)

To permit the reconstruction of a nonconforming building which has been destroyed, or partially destroyed, by fire or act of God where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

(c)

To permit the following two (2) variances:

(1)

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition, when related to the yard regulations of this chapter, would prevent a reasonable or sensible arrangement of buildings on the lot.

(2)

Extensions and enlargements to existing buildings being utilized for nonconforming uses.

(d)

The board shall not be authorized to grant variances in the use of land or to take any other action, the result of which would constitute a change in the district boundaries. The board shall always act with due consideration to promoting the public health, safety, convenience, and welfare encouraging the most appropriate use of land and conserving property value, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards in each case. Such appropriate conditions and safeguards may include, among other things, provisions for the screening of parking areas by walls, fences and planting and other such measures.

(Ord. of 6-3-75, § 7.204)