Any order or decision of the building officer or the planning and zoning commission may be appealed to the board of adjustment by any person, private company or corporation, or public agency affected by any such order or decision. (Ord. 2001-05, 6-11-2001)

   A.   Created: A board of adjustment will be created by the town council pursuant to the requirements outlined in title 15 of the Wyoming Statutes.

   B.   Membership: The board of adjustment shall consist of two (2) members of the town council, two (2) members of the planning and zoning commission and one citizen of the town.

   C.   Existing Board; Term: The existing board of adjustment, effective on the effective date hereof, shall be the duly constituted board of adjustment of the town. Existing members of the board shall be allowed to complete their appointed terms of office. Subsequently, appointments shall be made for three (3) years.

   D.   Vacancies: Vacancies shall be filled for any unexpired term in the same manner as the original appointment was made.

   E.   Removal: Upon the town council's receipt of written allegations and the holding of a public hearing, the town council may remove any member of the board of adjustment for reasonable cause.

   F.   Compensation: Members of the board of adjustment will serve without compensation.

   G.   Officers:

      1.   Chair; Vice Chair: The board shall select one of their members as chair and one as vice chair. Both the chair and vice chair will serve one year, or until their successors have been selected.

      2.   Secretary: The board of adjustment may appoint a secretary to the board.

   H.   Meetings: The members of the board of adjustment will meet once a month, or as needed, at times and places which may be determined by resolution of the board. Special meetings may be called at any time by the chair, or, in his absence, by the vice chair.

   I.   Quorum: A simple majority of the board shall constitute a quorum for the transaction of business.

   J.   Rules Of Procedure: The board may adopt rules of procedure for conducting its business which are consistent with section 11-8-4 of this chapter. Copies of all rules or regulations adopted by the board shall be transmitted to the building officer who shall make them freely accessible to the public. (Ord. 2001-05, 6-11-2001)

The board of adjustment will have the following powers and jurisdiction:

   A.   Appeals From Building Officer: Hear and make decisions concerning appeals of orders, decisions, determinations, and interpretations made by the building officer, or his or her authorized representatives.

   B.   Error In Law: Hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the building officer in the enforcement of this title.

   C.   Interpret Provisions Of Title: Interpret the provisions of this title in a manner that promotes the recommendations and policies of the current master plan.

   D.   Nonconforming Buildings: Permit the reconstruction of a nonconforming building upon a property, which has been damaged by casualty, act of God, or public enemy, when the board finds some compelling public necessity requiring continuance of the nonconforming use.

   E.   Land Area; Floor Area: Authorize an increase in the land area occupied by a legal, existing, nonconforming use on an existing zone lot, or the floor area occupied by a legal, nonconforming use in an existing structure, subject to terms and conditions fixed by the board.

   F.   Variances: Authorize variances when an appellant can demonstrate that the strict application of any of the requirements of this title would:

      1.   Be contrary to the public interest;

      2.   Result in unnecessary hardship; and

      3.   Deprive him of the reasonable use of his land or structure, when compared to other land or structures similarly situated. (Ord. 2001-05, 6-11-2001)

   G.   Power To Reverse Order, Requirement, Decision Or Determination: Subject to the limitations set forth in this chapter, the board of adjustment, by majority vote of the board, may reverse, affirm or modify the order, requirement, decision or determination which is appealed. To that end, the board shall have all of the powers of the building officer and may attach stipulations to any decision. (Ord. 2002-8, 12-23-2002)

   A.   Who May Appeal: Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or agency affected by any decision of the planning and zoning commission, the building officer, or his or her authorized representatives. Such appeal shall be made in writing on forms provided by the building officer, and delivered to the town within thirty (30) days from the date of the action being appealed. Upon receipt of notice of appeal, the building officer shall transmit to the board of adjustment the notice of appeal and all of the original documents or copies which represent the record of the action being appealed. (Ord. 2002-1, 4-22-2002)

   B.   Notice Of Appeal; Stay Of Proceedings: After a notice of appeal has been filed, an appeal shall stay all proceedings in furtherance of the action appealed from, unless the building officer, or his or her authorized representative, shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such a case, the board shall tentatively reaffirm the action of the building officer and allow the order or decision to stand, or shall direct the building officer that proceedings shall not be stayed, except by a restraining order which may be granted by a court of record after giving due notice to the building officer.

   C.   Hearing: Decisions of the board of adjustment concerning an appeal shall be reached only after a public hearing concerning the specific appeal. The board shall fix a reasonable time and place for the hearing and shall proceed in accordance with the following rules: (Ord. 2001-05, 6-11-2001)

      1.   Public notice shall be given of all hearings. Public notice shall consist of posting a sign by the building officer on the affected property for at least fifteen (15) days prior to the date of the hearing; and one posting of a notice by the building officer in the town hall at least five (5) days prior to the hearing. Both the sign and the notice shall identify the applicant, the nature and general scope of the appeal or the variance sought and shall give the date, time and place of the hearing. All hearings shall be open to the public. (Ord. 2001-05, 6-11-2001; amd. Ord. 2004-03, 3-22-2004)

      2.   Notice To Parties Of Interest: Notice of the hearing will also be given to any parties of interest, including the town attorney, building officer and any attorney of record for the applicant. All parties of interest shall be permitted to be heard in all public hearings.

      3.   Evidence And Testimony: At any public hearing, any interested party may also appear in person or be represented by an agent or attorney; and after being duly sworn, the interested party may offer evidence and testimony, as well as cross examine witnesses.

      4.   Witnesses Sworn Or Affirmed: All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.

      5.   Open To Public: All testimony and evidence shall be presented publicly.

      6.   Record Of Proceedings: The board shall keep a record of the proceedings for each matter heard. Records of the proceedings will be kept on file and copies made available to any party at cost. The record of proceedings may include documents and physical evidence considered in the case.

      7.   Written Decision: The board shall render a written decision on each case heard within thirty (30) days of the hearing. Each decision must be supported by the rationale for its decision and based on findings of fact. The record shall also document the vote of each member for each decision and be available for public review.

      8.   Vote Of Board: The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building officer and/or the planning and zoning commission, or to decide in favor of the applicant.

      9.   Appeal: Appeal of the board's decision may be made to the district court in the manner prescribed by state law within ten (10) days of the board's decision. (Ord. 2001-05, 6-11-2001)