The zoning board of appeals shall consist of five members who shall be citizens of the town and shall be appointed by town council for terms of three years, staggered so that one-third of the members shall have terms expiring each year. Members shall serve until their successor is appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. The appointing governing body may remove a member for cause by a majority vote of the town council upon written charges and after public hearing. Members cannot hold any other public office or position in the appointing local government.

(Ord. No. 2008-02, § 1001, 6-2-2008)

The board of zoning appeals shall elect a chairperson and a vice-chairperson from its members who shall serve for one year until re-elected or until their successors are elected. The board shall appoint a secretary who may be an employee of the town or a member of the board. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of its actions. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. All meetings of the board shall be open to the public, and all evidence and testimony shall be presented publicly. The chairperson or, in his absence, the vice-chairperson, shall preside at all meetings, may administer oaths, and compel the attendance of witnesses. A majority of the membership shall constitute a quorum.

(Ord. No. 2008-02, § 1002, 6-2-2008)

The concurring vote of three members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter. Upon taking any official action, the board shall file all of its proceedings and accompanying materials with the town clerk. These materials shall become public record and a copy of all materials and findings shall be sent to the zoning administrator. On all appeals, applications and matters brought before the zoning board of appeals, the board shall inform in writing all parties involved of their decisions and the reason for their decisions.

(Ord. No. 2008-02, § 1003, 6-2-2008)

(a)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of zoning appeals, notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

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

(c)

The board shall fix a reasonable time for the hearing of the appeal or other matters referred to it, and give at least 15 days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, including all property owners within 200 feet of the affected property, and decide the same within a reasonable time. At the hearing any party may appear in person, by agent, or by attorney.

(Ord. No. 2008-02, § 1004, 6-2-2008)

(a)

The board of zoning appeals is empowered to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter.

(b)

The board of zoning appeals may grant a variance only under exceptional circumstances, where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions should be granted as long as the applicant shall show and the board shall find that:

(1)

The particular property, because of size, shape, topography, or other physical conditions, suffers singular disadvantage through the operation of this chapter, which disadvantage does not apply to other properties in the vicinity;

(2)

Because of the disadvantage, the owner is unable to make reasonable use of the affected property;

(3)

This disadvantage does not exist because of conditions created by the owner or applicant;

(4)

Grant of the variance:

a.

Will not be contrary to the public or neighborhood interest;

b.

Will not adversely affect other property in the vicinity;

c.

Will be in harmony with the spirit, intent, and purpose of this chapter; and

(5)

The variance granted shall be the minimum variance that will make possible the legal use of the land, building, or structure.

(c)

In passing upon an appeal or variance, the board shall not consider prospective financial loss or gain to the owner or applicant, nor shall the board by variance permit to be established or carried on in any district an activity, business, or operation which is not otherwise allowed in such district by a specific provision of this chapter.

(d)

In granting a variance, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards that may or may not be elsewhere prescribed in this or any ordinance that, in its judgment, will better fulfill the purposes of this chapter; and to that end, shall have all the powers of the officer from whom the appeal is taken and may direct the issuance of a permit. The board, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the circuit court in and for the county.

(e)

The board of zoning appeals can hear and decide special exceptions according to the conditions set out in the applicable zoning district regulations.

(Ord. No. 2008-02, § 1005, 6-2-2008)

Any person who may have a substantial interest in any decision of the board of zoning appeals may appeal any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the board is rendered.

(Ord. No. 2008-02, § 1006, 6-2-2008)

An application fee in accordance with a fee schedule established by the town council will be levied in order to partially defray expenditures associated with application processing for each application for a variance or appeal, due upon submission of an application.

(Ord. No. 2008-02, § 1007, 6-2-2008)

If the board of zoning appeals grants a variance to an applicant pursuant to this article, the board of zoning appeals must charge the applicant an administrative fee in an amount not less than $100.00 or more than $500.00 for each variance granted. This administrative fee shall be in addition to any fees established pursuant to section 90-369. This fee is intended to be administrative and not punitive in nature.

(Ord. No. 2016-23, 10-3-2016)