Board of Adjustment Meeting

The Board of Adjustment shall have the following powers and duties:

(1)Administrative review. To hear and decide any appeal from and review any order, requirement, decision, or determination made by the Zoning Administrator. A fee set according to a regularly adopted fee schedule shall be paid to the Town for each appeal to cover advertising and administrative costs.

(2)Variances. To authorize, upon appeal, in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the Board unless and until it shall make a finding that:

a.Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

b.Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.The special conditions and circumstances do not result from the actions of the applicant; and

d.Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in this same district.A fee set according to a regularly adopted fee schedule shall be paid to the Town for each application for a variance to cover advertising and administrative costs.

(3)Conditional uses. To hear and decide requests for conditional uses as prescribed by sections 152.240 through 152.243. A fee set according to a regularly adopted fee schedule shall be paid to the Town for each application for a conditional use to cover advertising and administrative costs.